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mittimus issues, and therefore it argues that the date of that mittimus
is a day of sentence, not a day of presentence custody. This court has
never addressed this issue, but both parties point out that the appellate
court has answered it inconsistently. See, e.g., People v. Allen, 371 Ill.
App. 3d 279, 284-85 (2006) (defendant not entitled to presentencing
credit for date of remand to the Department); People v. Foreman, 361
Ill. App. 3d 136, 157 (2005) (defendant will not be credited for the
day of sentencing when he is remanded to the Department that day);
People v. Stewart, 217 Ill. App. 3d 373, 377 (1991) (defendant not
entitled to presentencing credit for the day of sentencing because
custody of defendant transferred from the county jail to the
Department); People v. Leggans, 140 Ill. App. 3d 268, 271 (1986)
(defendant not entitled to presentencing credit for the day of
sentencing because the Department “presumably” credited defendant
for that day). But see People v. Donnelly, 226 Ill. App. 3d 771, 778-
79 (1992) (including day of sentencing in calculation of presentencing
credit); People v. Williams, 144 Ill. App. 3d 994, 996-97 (1986)
(defendant entitled to presentencing credit for any part of day in
presentencing custody, including day of sentencing). Because the
question is one of statutory interpretation, our review is de novo.
People v. Robinson, 172 Ill. 2d 452, 457 (1996).
This court’s primary objective when construing the meaning of a
statute is to ascertain and give effect to the intent of the legislature.
People v. Zaremba, 158 Ill. 2d 36, 40 (1994). The most reliable
indicator of legislative intent is the language of the statute itself.
People v. Tucker, 167 Ill. 2d 431, 435 (1995). Where that language
is clear and unambiguous, we must apply the statute without further
aids of statutory construction. People v. Bole, 155 Ill. 2d 188, 197-98
(1993).
Section 5–4.5–100 of the Unified Code of Corrections, entitled
“Calculation of Term of Imprisonment,” provides in relevant part:
“(a) COMMENCEMENT. A sentence of imprisonment
shall commence on the date on which the offender is received
by the Department or the institution at which the sentence is
to be served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE.
The offender shall be given credit on the determinate sentence
or maximum term and the minimum period of imprisonment