Section 107.520  Eligibility

a)         Committed persons who, on or after August 11, 1993, are engaged full-time in substance abuse programs, correctional industry assignments, or academic or vocational education programs approved by the Department shall be eligible to receive earned good conduct at the rate of .50 a day provided:

1)         They are eligible to receive good time in accordance with 20 Ill. Adm. Code 107.Subpart B;

2)         They are not committed as habitual juvenile offenders or violent juvenile offenders;

3)         They are not assigned to a boot camp or electronic detention program or a mental health unit;

4)         They are not serving a sentence for a conviction for first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or attempt, solicitation, or conspiracy to commit any of the foregoing offenses;

5)         They are not serving a sentence for a conviction for any of the following offenses committed on or after August 20, 1995:

A)        First degree murder, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, aggravated battery of a senior citizen, or aggravated battery of a child; or

B)        Home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has entered a finding that the conduct leading to conviction for the offense resulted in great bodily harm to a victim;

6)         They have not been convicted of a felony committed after they have received a previous award of educational or earned good conduct credits;

7)         They have not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility;

8)         They achieve the goals established by the Department within a specified time period; and

9)         They are not removed from the program for failure to comply with program requirements or for disciplinary reasons.

b)         Committed persons who are not eligible under subsection (a) of this Section and who enroll full-time in an academic or vocational education program approved by the Department shall be eligible to receive earned good conduct credits at the rate of .25 provided:

1)         They are eligible to receive good time in accordance with 20 Ill. Adm. Code 107.Subpart B;

2)         The offense for which they were convicted was committed on or after September 10, 1990, up to and including August 10, 1993;

3)         They have not been convicted of first degree murder, second degree murder, or a Class X felony;

4)         They have not been convicted of a felony which was committed after a previous award of educational or earned good conduct credits;

5)         They achieve the educational goals established by the Department within a specified time period; and

6)         They are not removed from the program for failure to comply with program requirements or for disciplinary reasons.

c)         Full-time assignment to a program for which a committed person may be eligible to receive earned good conduct credits shall mean:

1)         The committed person is housed at a residential substance abuse program facility or unit or is normally scheduled to participate in substance abuse programming at least 15 hours a week;

2)         The committed person is normally scheduled to work with or receive job training from correctional industries at least four hours a day, five days per week; or

3)         The committed person is a student enrolled in an educational program that has classes that are normally scheduled to meet a minimum of 15 hours a week; or the committed person is enrolled in college academics for a minimum of six credit hours per module or 12 credit hours per semester.

d)         Committed persons shall only be eligible to receive earned good conduct credits for participation in one full-time program or assignment at a time.

(Source:  Amended at 20 Ill. Reg. 6745, effective May 5, 1996)