The maximum term used to determine aggregate retention under Article 730 is based on which felony class?

• A. Lowest class felony charged
• B. Highest class felony charged or convicted
• C. Any felony charged
• D. Only the most recent felony

Answer: (B)

The main idea is that when you figure out the maximum term for aggregate retention under Article 730, you look at the most serious offense you’ve charged or convicted of—the highest class felony. This sets the ceiling for how long the person can be retained, regardless of the number of lesser felonies. It makes the term reflect the worst possible penalty the defendant could face among the offenses.

Think of it this way: if someone is charged with a Class B felony and a lesser Class D felony, the highest class governs the maximum retention. The presence of the lesser offense doesn’t extend that ceiling beyond the most serious charge. If later the person is convicted of a higher-class felony, that higher class would control the maximum.

Choosing another option would either understate the potential term (lowest class), treat all felonies as equally impactful (any felony charged), or rely only on a more recent offense (most recent), which wouldn’t account for the seriousness of the worst offense.