98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2697

 

Introduced 1/28/2014, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Provides that a person serving a sentence for second degree murder shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment.


LRB098 17530 RLC 52639 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2697LRB098 17530 RLC 52639 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
8        (a) (1) The Department of Corrections shall prescribe
9    rules and regulations for awarding and revoking sentence
10    credit for persons committed to the Department which shall
11    be subject to review by the Prisoner Review Board.
12        (1.5) As otherwise provided by law, sentence credit may
13    be awarded for the following:
14            (A) successful completion of programming while in
15        custody of the Department or while in custody prior to
16        sentencing;
17            (B) compliance with the rules and regulations of
18        the Department; or
19            (C) service to the institution, service to a
20        community, or service to the State.
21        (2) The rules and regulations on sentence credit shall
22    provide, with respect to offenses listed in clause (i),
23    (ii), or (iii) of this paragraph (2) committed on or after

 

 

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1    June 19, 1998 or with respect to the offense listed in
2    clause (iv) of this paragraph (2) committed on or after
3    June 23, 2005 (the effective date of Public Act 94-71) or
4    with respect to offense listed in clause (vi) committed on
5    or after June 1, 2008 (the effective date of Public Act
6    95-625) or with respect to the offense of being an armed
7    habitual criminal committed on or after August 2, 2005 (the
8    effective date of Public Act 94-398) or with respect to the
9    offenses listed in clause (v) of this paragraph (2)
10    committed on or after August 13, 2007 (the effective date
11    of Public Act 95-134) or with respect to the offense of
12    aggravated domestic battery committed on or after July 23,
13    2010 (the effective date of Public Act 96-1224) or with
14    respect to the offense of attempt to commit terrorism
15    committed on or after January 1, 2013 (the effective date
16    of Public Act 97-990) or with respect to the offense of
17    second degree murder committed on or after the effective
18    date of this amendatory Act of the 98th General Assembly,
19    the following:
20            (i) that a prisoner who is serving a term of
21        imprisonment for first degree murder or for the offense
22        of terrorism shall receive no sentence credit and shall
23        serve the entire sentence imposed by the court;
24            (ii) that a prisoner serving a sentence for attempt
25        to commit terrorism, attempt to commit first degree
26        murder, solicitation of murder, solicitation of murder

 

 

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1        for hire, intentional homicide of an unborn child,
2        predatory criminal sexual assault of a child,
3        aggravated criminal sexual assault, criminal sexual
4        assault, aggravated kidnapping, aggravated battery
5        with a firearm as described in Section 12-4.2 or
6        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
7        Section 12-3.05, heinous battery as described in
8        Section 12-4.1 or subdivision (a)(2) of Section
9        12-3.05, being an armed habitual criminal, aggravated
10        battery of a senior citizen as described in Section
11        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
12        aggravated battery of a child as described in Section
13        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
14        receive no more than 4.5 days of sentence credit for
15        each month of his or her sentence of imprisonment;
16            (iii) that a prisoner serving a sentence for home
17        invasion, armed robbery, aggravated vehicular
18        hijacking, aggravated discharge of a firearm, or armed
19        violence with a category I weapon or category II
20        weapon, when the court has made and entered a finding,
21        pursuant to subsection (c-1) of Section 5-4-1 of this
22        Code, that the conduct leading to conviction for the
23        enumerated offense resulted in great bodily harm to a
24        victim, shall receive no more than 4.5 days of sentence
25        credit for each month of his or her sentence of
26        imprisonment;

 

 

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1            (iv) that a prisoner serving a sentence for
2        aggravated discharge of a firearm, whether or not the
3        conduct leading to conviction for the offense resulted
4        in great bodily harm to the victim, shall receive no
5        more than 4.5 days of sentence credit for each month of
6        his or her sentence of imprisonment;
7            (v) that a person serving a sentence for
8        gunrunning, narcotics racketeering, controlled
9        substance trafficking, methamphetamine trafficking,
10        drug-induced homicide, aggravated
11        methamphetamine-related child endangerment, money
12        laundering pursuant to clause (c) (4) or (5) of Section
13        29B-1 of the Criminal Code of 1961 or the Criminal Code
14        of 2012, or a Class X felony conviction for delivery of
15        a controlled substance, possession of a controlled
16        substance with intent to manufacture or deliver,
17        calculated criminal drug conspiracy, criminal drug
18        conspiracy, street gang criminal drug conspiracy,
19        participation in methamphetamine manufacturing,
20        aggravated participation in methamphetamine
21        manufacturing, delivery of methamphetamine, possession
22        with intent to deliver methamphetamine, aggravated
23        delivery of methamphetamine, aggravated possession
24        with intent to deliver methamphetamine,
25        methamphetamine conspiracy when the substance
26        containing the controlled substance or methamphetamine

 

 

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1        is 100 grams or more shall receive no more than 7.5
2        days sentence credit for each month of his or her
3        sentence of imprisonment;
4            (vi) that a prisoner serving a sentence for a
5        second or subsequent offense of luring a minor shall
6        receive no more than 4.5 days of sentence credit for
7        each month of his or her sentence of imprisonment; and
8            (vii) that a prisoner serving a sentence for
9        aggravated domestic battery shall receive no more than
10        4.5 days of sentence credit for each month of his or
11        her sentence of imprisonment; and .
12            (viii) that a person serving a sentence for second
13        degree murder shall receive no more than 7.5 days
14        sentence credit for each month of his or her sentence
15        of imprisonment.
16        (2.1) For all offenses, other than those enumerated in
17    subdivision (a)(2)(i), (ii), or (iii) committed on or after
18    June 19, 1998 or subdivision (a)(2)(iv) committed on or
19    after June 23, 2005 (the effective date of Public Act
20    94-71) or subdivision (a)(2)(v) committed on or after
21    August 13, 2007 (the effective date of Public Act 95-134)
22    or subdivision (a)(2)(vi) committed on or after June 1,
23    2008 (the effective date of Public Act 95-625) or
24    subdivision (a)(2)(vii) committed on or after July 23, 2010
25    (the effective date of Public Act 96-1224) or subdivision
26    (a)(2)(viii) committed on or after the effective date of

 

 

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1    this amendatory Act of the 98th General Assembly, and other
2    than the offense of aggravated driving under the influence
3    of alcohol, other drug or drugs, or intoxicating compound
4    or compounds, or any combination thereof as defined in
5    subparagraph (F) of paragraph (1) of subsection (d) of
6    Section 11-501 of the Illinois Vehicle Code, and other than
7    the offense of aggravated driving under the influence of
8    alcohol, other drug or drugs, or intoxicating compound or
9    compounds, or any combination thereof as defined in
10    subparagraph (C) of paragraph (1) of subsection (d) of
11    Section 11-501 of the Illinois Vehicle Code committed on or
12    after January 1, 2011 (the effective date of Public Act
13    96-1230), the rules and regulations shall provide that a
14    prisoner who is serving a term of imprisonment shall
15    receive one day of sentence credit for each day of his or
16    her sentence of imprisonment or recommitment under Section
17    3-3-9. Each day of sentence credit shall reduce by one day
18    the prisoner's period of imprisonment or recommitment
19    under Section 3-3-9.
20        (2.2) A prisoner serving a term of natural life
21    imprisonment or a prisoner who has been sentenced to death
22    shall receive no sentence credit.
23        (2.3) The rules and regulations on sentence credit
24    shall provide that a prisoner who is serving a sentence for
25    aggravated driving under the influence of alcohol, other
26    drug or drugs, or intoxicating compound or compounds, or

 

 

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1    any combination thereof as defined in subparagraph (F) of
2    paragraph (1) of subsection (d) of Section 11-501 of the
3    Illinois Vehicle Code, shall receive no more than 4.5 days
4    of sentence credit for each month of his or her sentence of
5    imprisonment.
6        (2.4) The rules and regulations on sentence credit
7    shall provide with respect to the offenses of aggravated
8    battery with a machine gun or a firearm equipped with any
9    device or attachment designed or used for silencing the
10    report of a firearm or aggravated discharge of a machine
11    gun or a firearm equipped with any device or attachment
12    designed or used for silencing the report of a firearm,
13    committed on or after July 15, 1999 (the effective date of
14    Public Act 91-121), that a prisoner serving a sentence for
15    any of these offenses shall receive no more than 4.5 days
16    of sentence credit for each month of his or her sentence of
17    imprisonment.
18        (2.5) The rules and regulations on sentence credit
19    shall provide that a prisoner who is serving a sentence for
20    aggravated arson committed on or after July 27, 2001 (the
21    effective date of Public Act 92-176) shall receive no more
22    than 4.5 days of sentence credit for each month of his or
23    her sentence of imprisonment.
24        (2.6) The rules and regulations on sentence credit
25    shall provide that a prisoner who is serving a sentence for
26    aggravated driving under the influence of alcohol, other

 

 

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1    drug or drugs, or intoxicating compound or compounds or any
2    combination thereof as defined in subparagraph (C) of
3    paragraph (1) of subsection (d) of Section 11-501 of the
4    Illinois Vehicle Code committed on or after January 1, 2011
5    (the effective date of Public Act 96-1230) shall receive no
6    more than 4.5 days of sentence credit for each month of his
7    or her sentence of imprisonment.
8        (3) The rules and regulations shall also provide that
9    the Director may award up to 180 days additional sentence
10    credit for good conduct in specific instances as the
11    Director deems proper. The good conduct may include, but is
12    not limited to, compliance with the rules and regulations
13    of the Department, service to the Department, service to a
14    community, or service to the State. However, the Director
15    shall not award more than 90 days of sentence credit for
16    good conduct to any prisoner who is serving a sentence for
17    conviction of first degree murder, reckless homicide while
18    under the influence of alcohol or any other drug, or
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof as defined in subparagraph (F) of
22    paragraph (1) of subsection (d) of Section 11-501 of the
23    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
24    predatory criminal sexual assault of a child, aggravated
25    criminal sexual assault, criminal sexual assault, deviate
26    sexual assault, aggravated criminal sexual abuse,

 

 

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1    aggravated indecent liberties with a child, indecent
2    liberties with a child, child pornography, heinous battery
3    as described in Section 12-4.1 or subdivision (a)(2) of
4    Section 12-3.05, aggravated battery of a spouse,
5    aggravated battery of a spouse with a firearm, stalking,
6    aggravated stalking, aggravated battery of a child as
7    described in Section 12-4.3 or subdivision (b)(1) of
8    Section 12-3.05, endangering the life or health of a child,
9    or cruelty to a child. Notwithstanding the foregoing,
10    sentence credit for good conduct shall not be awarded on a
11    sentence of imprisonment imposed for conviction of: (i) one
12    of the offenses enumerated in subdivision (a)(2)(i), (ii),
13    or (iii) when the offense is committed on or after June 19,
14    1998 or subdivision (a)(2)(iv) when the offense is
15    committed on or after June 23, 2005 (the effective date of
16    Public Act 94-71) or subdivision (a)(2)(v) when the offense
17    is committed on or after August 13, 2007 (the effective
18    date of Public Act 95-134) or subdivision (a)(2)(vi) when
19    the offense is committed on or after June 1, 2008 (the
20    effective date of Public Act 95-625) or subdivision
21    (a)(2)(vii) when the offense is committed on or after July
22    23, 2010 (the effective date of Public Act 96-1224) or
23    subdivision (a)(2)(viii) when the offense is committed on
24    or after the effective date of this amendatory Act of the
25    98th General Assembly, (ii) aggravated driving under the
26    influence of alcohol, other drug or drugs, or intoxicating

 

 

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1    compound or compounds, or any combination thereof as
2    defined in subparagraph (F) of paragraph (1) of subsection
3    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
4    one of the offenses enumerated in subdivision (a)(2.4) when
5    the offense is committed on or after July 15, 1999 (the
6    effective date of Public Act 91-121), (iv) aggravated arson
7    when the offense is committed on or after July 27, 2001
8    (the effective date of Public Act 92-176), (v) offenses
9    that may subject the offender to commitment under the
10    Sexually Violent Persons Commitment Act, or (vi)
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds or any
13    combination thereof as defined in subparagraph (C) of
14    paragraph (1) of subsection (d) of Section 11-501 of the
15    Illinois Vehicle Code committed on or after January 1, 2011
16    (the effective date of Public Act 96-1230).
17    Eligible inmates for an award of sentence credit under this
18paragraph (3) may be selected to receive the credit at the
19Director's or his or her designee's sole discretion.
20Consideration may be based on, but not limited to, any
21available risk assessment analysis on the inmate, any history
22of conviction for violent crimes as defined by the Rights of
23Crime Victims and Witnesses Act, facts and circumstances of the
24inmate's holding offense or offenses, and the potential for
25rehabilitation.
26    The Director shall not award sentence credit under this

 

 

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1paragraph (3) to an inmate unless the inmate has served a
2minimum of 60 days of the sentence; except nothing in this
3paragraph shall be construed to permit the Director to extend
4an inmate's sentence beyond that which was imposed by the
5court. Prior to awarding credit under this paragraph (3), the
6Director shall make a written determination that the inmate:
7            (A) is eligible for the sentence credit;
8            (B) has served a minimum of 60 days, or as close to
9        60 days as the sentence will allow; and
10            (C) has met the eligibility criteria established
11        by rule.
12        The Director shall determine the form and content of
13    the written determination required in this subsection.
14        (3.5) The Department shall provide annual written
15    reports to the Governor and the General Assembly on the
16    award of sentence credit for good conduct, with the first
17    report due January 1, 2014. The Department must publish
18    both reports on its website within 48 hours of transmitting
19    the reports to the Governor and the General Assembly. The
20    reports must include:
21            (A) the number of inmates awarded sentence credit
22        for good conduct;
23            (B) the average amount of sentence credit for good
24        conduct awarded;
25            (C) the holding offenses of inmates awarded
26        sentence credit for good conduct; and

 

 

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1            (D) the number of sentence credit for good conduct
2        revocations.
3        (4) The rules and regulations shall also provide that
4    the sentence credit accumulated and retained under
5    paragraph (2.1) of subsection (a) of this Section by any
6    inmate during specific periods of time in which such inmate
7    is engaged full-time in substance abuse programs,
8    correctional industry assignments, educational programs,
9    behavior modification programs, life skills courses, or
10    re-entry planning provided by the Department under this
11    paragraph (4) and satisfactorily completes the assigned
12    program as determined by the standards of the Department,
13    shall be multiplied by a factor of 1.25 for program
14    participation before August 11, 1993 and 1.50 for program
15    participation on or after that date. The rules and
16    regulations shall also provide that sentence credit,
17    subject to the same offense limits and multiplier provided
18    in this paragraph, may be provided to an inmate who was
19    held in pre-trial detention prior to his or her current
20    commitment to the Department of Corrections and
21    successfully completed a full-time, 60-day or longer
22    substance abuse program, educational program, behavior
23    modification program, life skills course, or re-entry
24    planning provided by the county department of corrections
25    or county jail. Calculation of this county program credit
26    shall be done at sentencing as provided in Section

 

 

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1    5-4.5-100 of this Code and shall be included in the
2    sentencing order. However, no inmate shall be eligible for
3    the additional sentence credit under this paragraph (4) or
4    (4.1) of this subsection (a) while assigned to a boot camp
5    or electronic detention, or if convicted of an offense
6    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
7    Section that is committed on or after June 19, 1998 or
8    subdivision (a)(2)(iv) of this Section that is committed on
9    or after June 23, 2005 (the effective date of Public Act
10    94-71) or subdivision (a)(2)(v) of this Section that is
11    committed on or after August 13, 2007 (the effective date
12    of Public Act 95-134) or subdivision (a)(2)(vi) when the
13    offense is committed on or after June 1, 2008 (the
14    effective date of Public Act 95-625) or subdivision
15    (a)(2)(vii) when the offense is committed on or after July
16    23, 2010 (the effective date of Public Act 96-1224) or
17    subdivision (a)(2)(viii) when the offense is committed on
18    or after the effective date of this amendatory Act of the
19    98th General Assembly, or if convicted of aggravated
20    driving under the influence of alcohol, other drug or
21    drugs, or intoxicating compound or compounds or any
22    combination thereof as defined in subparagraph (F) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code, or if convicted of aggravated
25    driving under the influence of alcohol, other drug or
26    drugs, or intoxicating compound or compounds or any

 

 

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1    combination thereof as defined in subparagraph (C) of
2    paragraph (1) of subsection (d) of Section 11-501 of the
3    Illinois Vehicle Code committed on or after January 1, 2011
4    (the effective date of Public Act 96-1230), or if convicted
5    of an offense enumerated in paragraph (a)(2.4) of this
6    Section that is committed on or after July 15, 1999 (the
7    effective date of Public Act 91-121), or first degree
8    murder, a Class X felony, criminal sexual assault, felony
9    criminal sexual abuse, aggravated criminal sexual abuse,
10    aggravated battery with a firearm as described in Section
11    12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
12    Section 12-3.05, or any predecessor or successor offenses
13    with the same or substantially the same elements, or any
14    inchoate offenses relating to the foregoing offenses. No
15    inmate shall be eligible for the additional good conduct
16    credit under this paragraph (4) who (i) has previously
17    received increased good conduct credit under this
18    paragraph (4) and has subsequently been convicted of a
19    felony, or (ii) has previously served more than one prior
20    sentence of imprisonment for a felony in an adult
21    correctional facility.
22        Educational, vocational, substance abuse, behavior
23    modification programs, life skills courses, re-entry
24    planning, and correctional industry programs under which
25    sentence credit may be increased under this paragraph (4)
26    and paragraph (4.1) of this subsection (a) shall be

 

 

SB2697- 15 -LRB098 17530 RLC 52639 b

1    evaluated by the Department on the basis of documented
2    standards. The Department shall report the results of these
3    evaluations to the Governor and the General Assembly by
4    September 30th of each year. The reports shall include data
5    relating to the recidivism rate among program
6    participants.
7        Availability of these programs shall be subject to the
8    limits of fiscal resources appropriated by the General
9    Assembly for these purposes. Eligible inmates who are
10    denied immediate admission shall be placed on a waiting
11    list under criteria established by the Department. The
12    inability of any inmate to become engaged in any such
13    programs by reason of insufficient program resources or for
14    any other reason established under the rules and
15    regulations of the Department shall not be deemed a cause
16    of action under which the Department or any employee or
17    agent of the Department shall be liable for damages to the
18    inmate.
19        (4.1) The rules and regulations shall also provide that
20    an additional 60 days of sentence credit shall be awarded
21    to any prisoner who passes the high school level Test of
22    General Educational Development (GED) while the prisoner
23    is committed to the Department of Corrections. The sentence
24    credit awarded under this paragraph (4.1) shall be in
25    addition to, and shall not affect, the award of sentence
26    credit under any other paragraph of this Section, but shall

 

 

SB2697- 16 -LRB098 17530 RLC 52639 b

1    also be pursuant to the guidelines and restrictions set
2    forth in paragraph (4) of subsection (a) of this Section.
3    The sentence credit provided for in this paragraph shall be
4    available only to those prisoners who have not previously
5    earned a high school diploma or a GED. If, after an award
6    of the GED sentence credit has been made and the Department
7    determines that the prisoner was not eligible, then the
8    award shall be revoked. The Department may also award 60
9    days of sentence credit to any committed person who passed
10    the high school level Test of General Educational
11    Development (GED) while he or she was held in pre-trial
12    detention prior to the current commitment to the Department
13    of Corrections.
14        (4.5) The rules and regulations on sentence credit
15    shall also provide that when the court's sentencing order
16    recommends a prisoner for substance abuse treatment and the
17    crime was committed on or after September 1, 2003 (the
18    effective date of Public Act 93-354), the prisoner shall
19    receive no sentence credit awarded under clause (3) of this
20    subsection (a) unless he or she participates in and
21    completes a substance abuse treatment program. The
22    Director may waive the requirement to participate in or
23    complete a substance abuse treatment program and award the
24    sentence credit in specific instances if the prisoner is
25    not a good candidate for a substance abuse treatment
26    program for medical, programming, or operational reasons.

 

 

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1    Availability of substance abuse treatment shall be subject
2    to the limits of fiscal resources appropriated by the
3    General Assembly for these purposes. If treatment is not
4    available and the requirement to participate and complete
5    the treatment has not been waived by the Director, the
6    prisoner shall be placed on a waiting list under criteria
7    established by the Department. The Director may allow a
8    prisoner placed on a waiting list to participate in and
9    complete a substance abuse education class or attend
10    substance abuse self-help meetings in lieu of a substance
11    abuse treatment program. A prisoner on a waiting list who
12    is not placed in a substance abuse program prior to release
13    may be eligible for a waiver and receive sentence credit
14    under clause (3) of this subsection (a) at the discretion
15    of the Director.
16        (4.6) The rules and regulations on sentence credit
17    shall also provide that a prisoner who has been convicted
18    of a sex offense as defined in Section 2 of the Sex
19    Offender Registration Act shall receive no sentence credit
20    unless he or she either has successfully completed or is
21    participating in sex offender treatment as defined by the
22    Sex Offender Management Board. However, prisoners who are
23    waiting to receive treatment, but who are unable to do so
24    due solely to the lack of resources on the part of the
25    Department, may, at the Director's sole discretion, be
26    awarded sentence credit at a rate as the Director shall

 

 

SB2697- 18 -LRB098 17530 RLC 52639 b

1    determine.
2        (5) Whenever the Department is to release any inmate
3    earlier than it otherwise would because of a grant of
4    sentence credit for good conduct under paragraph (3) of
5    subsection (a) of this Section given at any time during the
6    term, the Department shall give reasonable notice of the
7    impending release not less than 14 days prior to the date
8    of the release to the State's Attorney of the county where
9    the prosecution of the inmate took place, and if
10    applicable, the State's Attorney of the county into which
11    the inmate will be released. The Department must also make
12    identification information and a recent photo of the inmate
13    being released accessible on the Internet by means of a
14    hyperlink labeled "Community Notification of Inmate Early
15    Release" on the Department's World Wide Web homepage. The
16    identification information shall include the inmate's:
17    name, any known alias, date of birth, physical
18    characteristics, residence address, commitment offense and
19    county where conviction was imposed. The identification
20    information shall be placed on the website within 3 days of
21    the inmate's release and the information may not be removed
22    until either: completion of the first year of mandatory
23    supervised release or return of the inmate to custody of
24    the Department.
25    (b) Whenever a person is or has been committed under
26several convictions, with separate sentences, the sentences

 

 

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1shall be construed under Section 5-8-4 in granting and
2forfeiting of sentence credit.
3    (c) The Department shall prescribe rules and regulations
4for revoking sentence credit, including revoking sentence
5credit awarded for good conduct under paragraph (3) of
6subsection (a) of this Section. The Department shall prescribe
7rules and regulations for suspending or reducing the rate of
8accumulation of sentence credit for specific rule violations,
9during imprisonment. These rules and regulations shall provide
10that no inmate may be penalized more than one year of sentence
11credit for any one infraction.
12    When the Department seeks to revoke, suspend or reduce the
13rate of accumulation of any sentence credits for an alleged
14infraction of its rules, it shall bring charges therefor
15against the prisoner sought to be so deprived of sentence
16credits before the Prisoner Review Board as provided in
17subparagraph (a)(4) of Section 3-3-2 of this Code, if the
18amount of credit at issue exceeds 30 days or when during any 12
19month period, the cumulative amount of credit revoked exceeds
2030 days except where the infraction is committed or discovered
21within 60 days of scheduled release. In those cases, the
22Department of Corrections may revoke up to 30 days of sentence
23credit. The Board may subsequently approve the revocation of
24additional sentence credit, if the Department seeks to revoke
25sentence credit in excess of 30 days. However, the Board shall
26not be empowered to review the Department's decision with

 

 

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1respect to the loss of 30 days of sentence credit within any
2calendar year for any prisoner or to increase any penalty
3beyond the length requested by the Department.
4    The Director of the Department of Corrections, in
5appropriate cases, may restore up to 30 days of sentence
6credits which have been revoked, suspended or reduced. Any
7restoration of sentence credits in excess of 30 days shall be
8subject to review by the Prisoner Review Board. However, the
9Board may not restore sentence credit in excess of the amount
10requested by the Director.
11    Nothing contained in this Section shall prohibit the
12Prisoner Review Board from ordering, pursuant to Section
133-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
14sentence imposed by the court that was not served due to the
15accumulation of sentence credit.
16    (d) If a lawsuit is filed by a prisoner in an Illinois or
17federal court against the State, the Department of Corrections,
18or the Prisoner Review Board, or against any of their officers
19or employees, and the court makes a specific finding that a
20pleading, motion, or other paper filed by the prisoner is
21frivolous, the Department of Corrections shall conduct a
22hearing to revoke up to 180 days of sentence credit by bringing
23charges against the prisoner sought to be deprived of the
24sentence credits before the Prisoner Review Board as provided
25in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
26prisoner has not accumulated 180 days of sentence credit at the

 

 

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1time of the finding, then the Prisoner Review Board may revoke
2all sentence credit accumulated by the prisoner.
3    For purposes of this subsection (d):
4        (1) "Frivolous" means that a pleading, motion, or other
5    filing which purports to be a legal document filed by a
6    prisoner in his or her lawsuit meets any or all of the
7    following criteria:
8            (A) it lacks an arguable basis either in law or in
9        fact;
10            (B) it is being presented for any improper purpose,
11        such as to harass or to cause unnecessary delay or
12        needless increase in the cost of litigation;
13            (C) the claims, defenses, and other legal
14        contentions therein are not warranted by existing law
15        or by a nonfrivolous argument for the extension,
16        modification, or reversal of existing law or the
17        establishment of new law;
18            (D) the allegations and other factual contentions
19        do not have evidentiary support or, if specifically so
20        identified, are not likely to have evidentiary support
21        after a reasonable opportunity for further
22        investigation or discovery; or
23            (E) the denials of factual contentions are not
24        warranted on the evidence, or if specifically so
25        identified, are not reasonably based on a lack of
26        information or belief.

 

 

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1        (2) "Lawsuit" means a motion pursuant to Section 116-3
2    of the Code of Criminal Procedure of 1963, a habeas corpus
3    action under Article X of the Code of Civil Procedure or
4    under federal law (28 U.S.C. 2254), a petition for claim
5    under the Court of Claims Act, an action under the federal
6    Civil Rights Act (42 U.S.C. 1983), or a second or
7    subsequent petition for post-conviction relief under
8    Article 122 of the Code of Criminal Procedure of 1963
9    whether filed with or without leave of court or a second or
10    subsequent petition for relief from judgment under Section
11    2-1401 of the Code of Civil Procedure.
12    (e) Nothing in Public Act 90-592 or 90-593 affects the
13validity of Public Act 89-404.
14    (f) Whenever the Department is to release any inmate who
15has been convicted of a violation of an order of protection
16under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
17the Criminal Code of 2012, earlier than it otherwise would
18because of a grant of sentence credit, the Department, as a
19condition of release, shall require that the person, upon
20release, be placed under electronic surveillance as provided in
21Section 5-8A-7 of this Code.
22(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
2396-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
247-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
25eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
2697-1150, eff. 1-25-13.)