AUTHORITY: Implementing Sections 3-2-2, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-8-1, 5-4-1, 5-4.5-100 and 5-8-6 of the Unified Code of Corrections [730 ILCS 5] and Section 1-7 of the Juvenile Court Act of 1987 [705 ILCS 405] and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5]. Subparts B and F are also implementing two Supreme Court rulings (Barger v. Peters, 163 Ill.2d 357, 645 N.E.2d 175, 1994 and State of Illinois v. Jameson, 162 Ill.2d 282, 642 N.E.2d 1207, 1994. Subpart D is also implementing two Consent Decrees (Beavers vs. Sielaff, #75 C 317, N.D. Ill., 1977, and Lower vs. Franzen, #78 C 1870, N.D. Ill., 1980) and Section 8-802 of the Code of Civil Procedure [735 ILCS 5].
SOURCE: Adopted at 8 Ill. Reg. 14572, effective August 1, 1984; amended at 10 Ill. Reg. 20497, effective January 1, 1987; amended at 13 Ill. Reg. 6992, effective May 1, 1989; emergency amendment at 14 Ill. Reg. 12273, effective July 17, 1990, for a maximum of 150 days; modified in response to an objection of the Joint Committee on Administrative Rules at 14 Ill. Reg. 15600, not to exceed the 150 day time limit of the original rulemaking; amended at 14 Ill. Reg. 18461, effective November 1, 1990; emergency amendment at 14 Ill. Reg. 20074, effective December 1, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 5638, effective April 15, 1991; emergency amendment at 17 Ill. Reg. 16215, effective September 17, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 2939, effective February 14, 1994; amended at 20 Ill. Reg. 6745, effective May 5, 1996; amended at 37 Ill. Reg. 1598, effective February 1, 2013; recodified at 42 Ill. Reg. 16362; amended at 43 Ill. Reg. 3217, effective March 1, 2019; emergency amendment at 44 Ill. Reg. 6091, effective April 7, 2020, for a maximum of 150 days; emergency expired September 3, 2020; emergency amendment at 44 Ill. Reg. 16495, effective September 24, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 4432, effective April 1, 2021; recodified at 46 Ill. Reg. 20103; amended at 46 Ill. Reg. 19974, effective November 29, 2022.
SUBPART A: ADMISSION DOCUMENTS
Section 107.10 Applicability
This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.15 Responsibilities
a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.17 Definitions
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Pre-Trial Program Sentence Credit" means the award of time to offset the length of sentence for an offender who has successfully completed a full-time, 60 day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail during pre-trial detention prior to his or her current commitment to the Department, and as calculated at sentencing and included in the sentencing order.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.20 Required Admission Documents
a) When an offender is delivered to the custody of the Department, the following information must be included with the items delivered:
1) Pursuant to Sections 3-8-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-8-1 and 5-4-1] and Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33]:
A) The sentence imposed.
B) Any finding of great bodily harm made by the court.
C) Any statement by the court of the basis for imposing the sentence.
D) Any pre-sentence reports.
E) Any sex offender evaluations.
F) Any substance abuse treatment eligibility screening and assessment of the offender by an agent designated by the State to provide assessments for Illinois courts.
G) The number of days, if any, that the offender has been in custody and for which he or she is entitled to credit against the sentence. Certifications of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment.
H) State's Attorney's Statement
i) The State's Attorney's Statement of Facts, including:
• the facts and circumstances of the offenses for which the offender was committed;
• any other factual information in regard to the offender accessible to the State's Attorney prior to the commitment to the Department relative to the offender's habits, associates, disposition and reputation; or
• other information that may aid the Department during the custody of the offender.
ii) If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court.
I) Any medical or mental health record or summaries.
J) Any victim impact statements.
K) The name of the municipalities where the arrest of the offender and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons.
L) All additional matters that the court directs the clerk to transmit.
2) The mittimus or sentence (judgment) order that provides the following information:
A) The criminal case number, names and citations of the offenses, judge's name, date of sentence and, when applicable, whether the sentences are to be served concurrently or consecutively;
B) The number of days spent in custody; and
C) If applicable, the calculation of pre-trial program sentence credit awarded by the court to the offender, including, at a minimum, identification of the type of pre-trial program the offender participated in and the number of eligible days the court finds the offender spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.
3) A record of the offender's time and his or her behavior and conduct while in the custody of the county. Any action on the part of the offender that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt, should be included in the record.
b) If the required items listed in this Section are not received at the time of delivery of an offender, admission to the Department's facilities may be denied.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
SUBPART B: DIMINUTION OF SENTENCE
Section 107.100 Applicability
This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice. However, none of the provisions contained in this Subpart apply to:
a) Persons who are committed to the Juvenile Division as delinquents;
b) Persons who are committed to the Department as a result of a finding of contempt; or
c) Persons who are serving sentences of periodic imprisonment.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.105 Responsibilities
a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.107 Definitions
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Compensatory Good Time" means the award of time used to offset the length of an indeterminate sentence, as calculated under the Statutory Good Time Calculations tables awarded at the rate of 7.5 days for each month in custody or on a prorated basis in accordance with the Prorated Compensatory Good Time table (see Section 107.120(c)).
"Day for Day Credit" means the award of time used to offset the length of an indeterminate sentence based upon the date the offender was sentenced, the date the offense was committed, and the remaining portion of the sentence to be served on or after February 1, 1978, as provided in Section 107.120.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Earned Discretionary Sentence Credit" means the award of additional earned sentence credit made on or after January 1, 2018 (effective date of PA 99-0938) to offset the length of an eligible sentence as determined at the sole discretion of the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC.
"Earned Program Sentence Credit" means the award of time to offset the length of a determinate sentence for eligible offenders who have successfully participated in substance abuse programming, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, or re-entry planning on or after January 1, 2018.
"Program Sentence Credit" means the award of time to offset the length of a determinate sentence for eligible offenders who have successfully participated in substance abuse programming, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, or re-entry planning prior to January 1, 2018.
"Statutory Good Time" means the award of time to offset the length of a minimum and maximum indeterminate sentence for an offense committed prior to February 1, 1978, as calculated in accordance with the Statutory Good Time Calculations table (see Section 107.120(a) and (b)).
"Statutory Sentence Credit" or "Earned Statutory Sentence Credit" means the award of time to offset the length of a determinate sentence for an offense committed on or after February 1, 1978, pursuant to Sections 3-6-3(a)(2), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5) and (a)(2.6) of the UCOC.
"Supplemental Sentence Credit" means the award of additional sentence credit made on or after June 22, 2012 but prior to January 1, 2018 to offset the length of sentence based on the offender's good conduct as determined at the sole discretion of the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC.
"UCOC" means the Unified Code of Corrections [730 ILCS 5].
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.110 Diminution of Felony Sentences
a) Offenders serving indeterminate sentences shall appear before the Prisoner Review Board prior to their parole eligibility date after having served their minimum sentence or 20 years (whichever is less), less applicable statutory good time, compensatory good time, and day for day credit.
b) In the event an offender must serve the maximum indeterminate sentence, he or she shall be released after serving the maximum of the sentence, less applicable statutory good time, compensatory good time, and day for day credit.
c) An offender serving a determinate sentence shall be released after serving his or her determinate sentence, less any applicable credit awarded or earned in accordance with this Part.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.120 Good Time Schedules and Sentence Credit Applicable to Felony Sentences
a) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for offenders sentenced prior to June 1, 1977, if the schedule contained in the table would be more beneficial to the offender than awarding day for day credit as of February 1, 1978.
|
Statutory Good Time Calculations for Those Sentenced Prior to June 1, 1977* |
|
|
SENTENCE |
TIME TO BE SERVED |
|
1st year |
11 months |
|
2nd year |
1 year and 9 months |
|
3rd year |
2 years and 6 months |
|
4th year |
3 years and 2 months |
|
5th year |
3 years and 9 months |
|
6th year |
4 years and 3 months |
|
7th year |
4 years and 9 months |
|
8th year |
5 years and 3 months |
|
9th year |
5 years and 9 months |
|
10th year |
6 years and 3 months |
|
11th year |
6 years and 9 months |
|
12th year |
7 years and 3 months |
|
13th year |
7 years and 9 months |
|
14th year |
8 years and 3 months |
|
15th year |
8 years and 9 months |
|
16th year |
9 years and 3 months |
|
17th year |
9 years and 9 months |
|
18th year |
10 years and 3 months |
|
19th year |
10 years and 9 months |
|
20th year |
11 years and 3 months |
*AGENCY NOTE: On the maximum sentence, six months of statutory good time is earned for each additional sentence year.
b) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for all persons sentenced to the Department on or after June 1, 1977, but prior to February 1, 1978, for establishing the time credit for that portion of the sentence that was served prior to February 1, 1978.
|
Statutory Good Time Calculations for Those Sentenced On or After June 1, 1997* |
|
|
SENTENCE |
TIME TO BE SERVED |
|
1st year |
9 months |
|
2nd year |
1 year and 6 months |
|
3rd year |
2 years and 3 months |
|
4th year |
3 years |
|
5th year |
3 years and 9 months |
*AGENCY NOTE: Three months statutory good time shall be earned for each additional sentence year.
1) For those offenders whose sentences are calculated under the table in subsection (b), the remaining portion of the sentence served on or after February 1, 1978 shall be credited with day for day credits.
2) For an offender who is sentenced on or after June 1, 1977, but prior to February 1, 1978, for an offense committed prior to June 1, 1977, the table in subsection (a) shall be used if it would be more beneficial to the offender in calculating the minimum or maximum sentence or both.
c) Compensatory good time shall be earned on those indeterminate sentences or portions of a sentence that are calculated under the statutory good time tables. Compensatory good time shall normally be awarded at the rate of 7.5 days for each month in custody. Offenders shall receive compensatory good time on a prorated basis during the month placed in and released from custody in accordance with the following table.
|
Prorated Compensatory Good Time |
||||
|
_____INCOMING FELONS___ |
______________RELEASED FELONS_______________ |
|||
|
Day of Month Received |
Days Credit |
Scheduled Date of Release |
Days Credit |
New Release Date |
|
2 - 4 |
6 |
1 - 4 |
0 |
1 - 4 |
|
5 - 9 |
5 |
5 - 9 |
1 |
4 - 8 |
|
10 - 14 |
4 |
10 - 14 |
2 |
8 - 12 |
|
15 - 19 |
3 |
15 - 19 |
3 |
12 - 16 |
|
20 - 24 |
2 |
20 - 24 |
4 |
16 - 20 |
|
25 - 28 |
1 |
25 - 28 |
5 |
20 - 23 |
|
29 plus |
0 |
29 plus |
6 |
23 |
d) Offenders shall not be eligible to receive compensatory good time against that portion of their sentence that is calculated under day for day credit provisions.
1) An offender shall not be awarded compensatory good time for any month during which he or she is reported by his or her work or program supervisor for carelessness, negligence, or refusal to work, providing that not awarding compensatory good time is recommended by the facility's Adjustment Committee and approved by the Chief Administrative Officer. No offender shall lose any compensatory good time because he or she was unable to work or participate in a facility program through no fault of his or her own.
2) Any offender placed in segregation or confinement for a period of 3 days or more during a given month pursuant to a hearing before an Adjustment Committee shall not be awarded compensatory good time for that month. However, no person shall lose compensatory good time for more than one month pursuant to such a hearing unless he or she is placed in segregation or confinement for at least 10 additional days during the second and subsequent months.
3) Any offender placed on investigative status shall receive compensatory good time for that month if the investigation findings indicate that the offender did not commit a violation.
4) Every offender assigned to a transition center shall be credited with compensatory good time unless an Adjustment Committee finds that he or she has violated disciplinary rules.
5) Awarded compensatory good time may not be revoked.
e) Day for day credit, with reference to the minimum and maximum sentences, shall be calculated by awarding one day of credit for each day served for all offenders sentenced on or after February 1, 1978, if the credit would be more beneficial to the offender than statutory good time and compensatory good time credit.
f) Statutory sentence credit, with reference to determinate sentences entered on or after February 1, 1978, for offenses committed prior to June 19, 1998, shall be calculated by awarding one day of statutory sentence credit for each day served.
g) Statutory sentence credit, with reference to determinate sentences for offenses committed on or after June 19, 1998 but prior to January 1, 2018, or earned statutory sentence credit, with reference to determinate sentences for offenses committed on or after January 1, 2018, shall be awarded in accordance with the Truth in Sentencing provisions of Section 3-6-3 of the UCOC.
h) Any offender convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], that was committed on or after June 1, 2008, shall receive no statutory sentence credit or earned statutory sentence credit unless he or she successfully completes or is participating in sex offender treatment. However, if the offender is on a waiting list for treatment but is unable to participate due solely to lack of Department resources, he or she may be awarded statutory sentence credit or earned statutory sentence credit at the discretion of the Director.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.130 Consecutive Sentences
a) Consecutive sentences shall be aggregated and treated as though they are a single term.
b) Offenders serving consecutive sentences, one or more of which is indeterminate, shall receive statutory good time under the most beneficial table in effect on or after the commission of the crime. Compensatory good time shall also be credited to consecutive sentences. As of February 1, 1978, the remaining portion of the minimum or maximum sentence shall be calculated under day for day credit provisions unless the statutory and compensatory good time provisions would be more beneficial to the offender.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.140 Concurrent Sentences
When an offender already subject to a sentence receives one or more concurrent sentences, he or she shall receive credit on the subsequently imposed sentences from the date of sentencing.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.142 Earned Discretionary Sentence Credit
Offenders committed to the Department may be eligible to receive earned discretionary sentence credit for good conduct in addition to other credit awarded in accordance with this Part. The award of earned discretionary sentence credit shall be at the sole discretion of the Director, or his or her designee, and shall be awarded in accordance with the provisions of Subpart C.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.145 Earned Program Sentence Credit
Individuals in custody who are enrolled in full-time substance abuse programs, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, re-entry planning, self-improvement programs, approved volunteer activities, work assignments or Adult Transition Center (ATC)/work release programs approved by the Department may be eligible to receive earned program sentence credit in addition to other credit awarded in accordance with this Part. Earned program sentence credit shall be awarded at the applicable rate for each day during which program goals have been achieved in accordance with Subpart F.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.150 Revocation of Time and Credit
a) Any offender who is found guilty of misconduct or violating departmental rules or the terms of parole or mandatory supervised release may lose statutory good time, day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, or earned program sentence credit awarded in accordance with this Part.
b) Statutory good time may be revoked at the discretion of the Director, or his or her designee, upon the recommendation of the Adjustment Committee and the Chief Administrative Officer, or the respective Deputy Director.
c) Day for day credit, earned statutory sentence credit, statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be revoked at the discretion of the Director, or his or her designee, provided the cumulative revocation does not exceed 30 days during any 12 month period. If the amount of credit at issue exceeds 30 days, or when, during any 12 month period, the cumulative amount of credit revoked exceeds 30 days, the Department shall submit its recommendation for revocation to the Prisoner Review Board for approval.
d) When an infraction is committed or discovered within 60 days prior to an offender's scheduled release, the Department may revoke up to 30 cumulative days of day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit without approval of the Prisoner Review Board. If the Department seeks to revoke more than 30 days, its recommendation for revocation of the additional credit shall be submitted to the Prisoner Review Board for approval.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.160 Restoration of Time and Credit
a) Statutory good time, day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored by the Director, or his or her designee, either by his or her own action or upon the recommendation of:
1) The Administrative Review Board;
2) The Adjustment Committee and the Chief Administrative Officer; or
3) The respective Deputy Director.
b) In determining the restoration, the Director, or his or her designee, may consider, among other matters:
1) The nature of the incident that served as the basis for the revocation;
2) The disciplinary proceedings that led to the revocation;
3) The complete master record file of the offender;
4) Any specific report or recommendation made concerning the offender;
5) The offender's entire disciplinary record;
6) The assignment performance of the offender while in the custody of the Department;
7) The educational program or achievements of the offender while in the custody of the Department; and
8) The action of the offender in:
A) Saving the life of an employee or other offender;
B) Performing heroic service during a flood, tornado or act of God;
C) Volunteering for an exceptionally hazardous or dangerous assignment; or
D) Assisting in maintaining control during a general disturbance.
c) Day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored at the discretion of the Director, or his or her designee, provided the cumulative restoration does not exceed 30 days during any 12 month period. If the cumulative amount of credit recommended for restoration exceeds 30 days, the Director, or his or her designee, shall submit the request for restoration to the Prisoner Review Board. The Board may not restore more credit to an offender than is recommended. Notification of the decision of the Director, or his or her designee, or the Prisoner Review Board shall be provided to the offender.
d) The offender may petition not more frequently than every three months through the Adjustment Committee for restoration of revoked time or credit, stating the rationale for restoration. If the Adjustment Committee recommends the restoration, the recommendation shall be forwarded through designated channels to the attention of the Director, or his or her designee. Notification of the Director's, or his or her designee's, decision shall be given to the offender.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.170 Institution Credits (Repealed)
(Source: Repealed at 13 Ill. Reg. 6992, effective May 1, 1989)
Section 107.180 Misdemeanant Good Time Allowance (Repealed)
(Source: Repealed at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.190 Reporting of Earned Sentence Credit
a) The Department shall prepare an annual written report that identifies:
1) The number of offenders who have been awarded earned sentence credit in accordance with Subparts C and F;
2) The holding offenses of the offenders who have received an award of earned sentence credit;
3) The average number of earned sentence credit days awarded; and
4) The number of revocations of earned sentence credit.
b) The report shall be submitted to the Governor and General Assembly no later than February 1 annually.
c) Within 48 hours after submission to the Governor and the General Assembly, the Department shall make the report available on the Department's website.
(Source: Added at 43 Ill. Reg. 3217, effective March 1, 2019)
SUBPART C: MERITORIOUS GOOD TIME, SUPPLEMENTAL SENTENCE CREDIT, AND EARNED DISCRETIONARY SENTENCE CREDIT
Section 107.200 Applicability
This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.205 Responsibilities
a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.207 Definitions
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Earned Discretionary Sentence Credit" means the award of additional earned sentence credit made on or after January 1, 2018 (effective date of PA 99-0938) to offset the length of an eligible sentence as determined at the sole discretion of the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC.
"Meritorious Good Time" means the award of additional good conduct credit prior to June 22, 2012 to offset the length of sentence for offenders based upon meritorious service in specific instances deemed appropriate by the Director or his or her designee.
"Supplemental Sentence Credit" means the award of up to a maximum of 90 or 180 days sentence credit made on or after June 22, 2012 (effective date of PA 97-0697) but prior to January 1, 2018 (effective date of PA 99-0938) to offset the length of an eligible sentence based on an offender's good conduct as determined at the sole discretion of the Director or his or her designee.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.210 Awarding of Earned Discretionary Sentence Credit
a) The Director, or the Director's designee, may award eligible individuals in custody additional credit up to a maximum of 180 days for individuals serving a sentence of less than five years and a maximum of 365 days for individuals serving a sentence of five or more years in accordance with Section 3-6-3(a)(3) of the UCOC, for good conduct. However, individuals in custody shall not be eligible to receive earned discretionary sentence credit, supplemental sentence credit, meritorious good time, or an aggregation of these credits if the sentence credit:
1) is greater than the statutory maximum during one term of sentence; and
2) reduces the sentence to less than:
A) 85% for individuals in custody required to serve 85% of their sentence; or
B) 60% for individuals in custody required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.
b) In determining whether or not to award earned discretionary sentence credit, the Director, or the Director's designee:
1) Shall make a determination, either in written or electronic form, that the individual in custody:
A) Is eligible, based on the individual's holding offenses, to receive earned discretionary sentence credit;
B) Has served a minimum of 60 days of the individual's sentence in the custody of the Department; and
C) Has received a risk and needs assessment administered with a validated instrument;
2) May examine or consider, among other matters:
A) The complete master record file of the individual in custody, including, but not limited to, sentencing material including the facts and circumstances of the holding offense, disciplinary records, and reports or recommendations made concerning the individual in custody.
B) Results of an available risk and needs assessment analysis or an evaluation from a validated instrument.
C) History of conviction for forcible felony as provided in Section 2-8 of the Criminal Code of 2012.
D) The assignment performance of the individual in custody while in the custody of the Department.
E) Educational or program performance and achievements of the individual while in the custody of the Department.
F) Service to the Department, community or State.
G) Heroic action of the individual in custody such as saving the life of an employee or other offender.
H) The individual's commitment to rehabilitation while in custody.
c) The decision to award earned discretionary sentence credit shall be at the sole discretion of the Director or the Director's designee.
d) No individual in custody shall be eligible to receive earned discretionary sentence credit if the individual:
1) Is serving a term of natural life or has been sentenced to death;
2) Is serving a sentence for first degree murder or for the offense of terrorism;
3) Has been found guilty of a 100-level disciplinary offense under 20 Ill. Adm. Code 504 during the 12 months preceding the review; or
4) Has been found guilty of, or has a pending charge resulting from, a criminal offense committed during the individual's current term of incarceration.
e) No individual in custody whose court sentencing order recommends substance abuse treatment for offenses committed on or after September 1, 2003 shall be awarded earned discretionary sentence credit unless:
1) the individual participates in and completes a substance abuse treatment program; or
2) the Director waives the requirement to participate in or complete the treatment program in specific instances in which the individual in custody is not a good candidate for the program due to medical, programming or operations reasons. When substance abuse treatment is not available, offenders shall be placed on a waiting list for treatment. Individuals in Custody on a waiting list who are not placed in a substance abuse treatment program prior to release may be eligible for a waiver and receive earned discretionary sentence credit as determined by the Director or the Director's designee.
f) No individual in custody who has been convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], committed on or after June 1, 2008 shall be awarded earned discretionary sentence credit unless the individual:
1) Successfully completes or is participating in sex offender treatment as defined by the Sex Offender Management Board (see 20 Ill. Adm. Code 1905); or
2) Receives a waiver due solely to lack of Department resources.
g) Habitual juveniles individuals in custody or violent juveniles in custody as defined in 705 ILCS 405/5-815 and 5-820 shall not be eligible for earned discretionary sentence credit.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.220 Reporting of Supplemental Sentence Credit (Repealed)
(Source: Repealed at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.230 Revocation and Restoration of Earned Discretionary Sentence Credit
Earned discretionary sentence credit may be revoked and restored in accordance with Subpart B.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
SUBPART D: MAINTENANCE OF RECORDS
Section 107.300 Applicability
This Subpart applies to all correctional facilities within the Department.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.305 Responsibilities
a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.307 Definitions
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.310 Access to Records
a) The master record files of offenders shall be confidential and access shall be limited to authorized persons. Offenders shall not be permitted access to their master record files except as expressly permitted by law, including this Subpart.
b) Medical records shall be disclosed to an offender or to his or her authorized agent upon receipt of a written request for the information and a release signed by the offender.
c) The medical records of a deceased offender shall be released upon presentment of a certified copy of the death certificate and:
1) Tender of letters of office and a signed release from the Executor or the Administrator of the person's estate; or
2) A Durable Power of Attorney for Health Care authorizing the release of the medical records to the agent and a signed release from the authorized agent; or
3) If no executor, administrator or agent exists:
A) An authorized relative certification and release signed by the authorized relative; or
B) A notarized affidavit of heirship and a release signed by the next of kin.
d) Personnel of other correctional, welfare, educational or law enforcement agencies may have access to an offender's files, as approved by the Chief Administrative Officer. The use and redisclosure of these files shall be consistent with applicable State and federal laws.
e) Access to the master record file of a person no longer in custody of the Department shall be provided in accordance with procedures applicable to offenders.
f) The Department may require payment of copying costs for any records produced.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.320 Disclosure of Master Record File Material for Youth Committed to the Juvenile Division – Court Agreement
a) Definitions
1) Youth – A person who is or has been committed to the Illinois Department of Corrections, Juvenile Division, pursuant to Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33] or Section 5-8-6(c) of the Unified Code of Corrections [730 ILCS 5/5-8-6(c)]. This Section does not apply to record access for deceased youths.
2) Parent – The natural mother or father or an adoptive parent of a youth, except a natural or adoptive parent whose parental rights have been terminated by Sections 2-29, 3-30, 4-27, or 5-31 of the Juvenile Court Act of 1987 [705 ILCS 405/2-29, 3-30, 4-27, or 5-31] or Section 17 of the Adoption Act [750 ILCS 50/17].
3) Guardian – Individual(s) appointed by courts as guardian of the youth.
4) Authorized attorney – A lawyer authorized in writing by the youth to inspect and copy his or her master record file; or a lawyer appointed by a court as attorney for a youth.
5) Records subject to inspection and copying – This information is contained in the following documents: discharge order, face sheet, cancellation of warrants, warrants for apprehension, administrative-statewide transfer order, order of temporary transfer, dispositional order, court writs, preliminary hearing of parole violation, notice of charges, notification of alleged parole violations, police reports, report on youth's return to reception center, verification of birthdate, medical and dental records, reception center testing, academic assessments, vocational goals inventory, Department of Vocational Rehabilitation referrals, chronological recording of activities and treatment by counselor assigned, monthly staffing conference reports, physical exam, medications record, immunization cards, special concerns, consent for treatment, release of medical information, monthly progress reports, group life adjustment, daily conduct reports, achievements, summary letters to Prisoner Review Board, academic or vocational progress reports, program assignment record, institutional goals and treatment plan, performance agreements, commendation reports, reports of disciplinary action, letters to and from institution requesting information, trust fund records, youth's transfer request, medical referrals, administrative memos, unusual incident reports, clinical transfer orders or action requests, authorized absence requests-approvals, correspondence, youth advocate's reports, notice of eligibility for parole, requests for special action, medical restrictions, illness and injuries record, school transcript, Prisoner Review Board sheet, official notice of parole, special orders and orders rescinding parole, clothing inventory, and personal property inventory.
6) Records subject to inspection and copying with professional guidance – This information is contained in the following documents: assessment and assignment report, special case review, intake worksheet, social history, chaplain's reports, psychological evaluation and classification reports, psychiatric evaluation report, clinical correspondence and clinical reports from other agencies, psychiatric reports, administrative reviews, annual reviews, special case reviews, notice of eligibility of parole-narrative progress report, diagnostic treatment note(s), and psychological consultation referral(s).
7) Information not subject to inspection and copying by a youth, a parent or a non-institutional guardian – Information reported in records contained in a master record file, the disclosure of which a clinician certifies in writing would result in a specific harm to the youth, a parent or a non-institutional guardian.
8) Clinician – A psychiatrist, psychologist, or physician employed by the Department of Corrections.
9) Authorized personnel of the Department – All program or security personnel in the institutional or field services divisions of the Illinois Department of Corrections.
10) Other correctional, welfare and law enforcement agencies – Agencies designated in writing from time to time by the Director or the Deputy Director of the Juvenile Division of the Illinois Department of Corrections subject to Section 1-7 of the Juvenile Court Act of 1987, [705 ILCS 405/1-7].
11) Receiving agencies – A Department or agency to whom custody of a youth is transferred by administrative order to the Juvenile Division or by a court order.
b) Rights of and Limitations on Record Access
1) A youth, an authorized attorney, a parent, a guardian, personnel of other correctional, welfare or law enforcement agencies or receiving agencies may inspect and copy all records contained in the person's master record file, provided:
A) The youth consents in writing to the inspection and copying of such records by an authorized attorney, a parent or non-institutional guardian;
B) That information not subject to inspection and copying may be deleted from records otherwise available to a youth, a parent or a non-institutional guardian in accordance with procedures established in subsection (b) of this Section.
2) Authorized personnel of the Department may inspect and copy records.
3) All requests by the youth, authorized attorneys, parents and non-institutional guardians to copy or inspect file material shall be made in writing.
4) The Juvenile Division shall comply with all written requests for records subject to inspection and copying within 15 days, and with all written requests for records subject to inspection and copying with professional guidance within 30 days, upon payment of copying costs except where waived by the Department upon a showing of indigency by the youth, parent, non-institutional guardian, or authorized attorney.
c) Processing of Requests for Record Access
1) With regard to the master record files of youths in Illinois Youth Center facilities or on authorized absence from, or transferred to an Illinois Department of Mental Health and Developmental Disabilities facility from a Juvenile Division facility:
A) All written requests for inspection and copying should be directed to the Chief Administrative Officer of the Illinois Youth Center facility.
B) The youth's assigned counselor or other program staff person:
i) Will examine the records for information believed to be not subject to inspection and copying by a youth, a parent or guardian, and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section.
ii) Will forward copies of the records to requesting authorized attorney, parent, or non-institutional guardian upon payment or waiver of the costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; and a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both, and at which conference the counselor or other staff person will explain in detail the meaning of such records.
2) With regard to the master record files of youths currently on parole:
A) All requests for inspection and copying should be directed to the Chief Administrative Officer of the institution from which the youth was paroled.
B) The Chief Administrative Officer:
i) Will examine the records for information believed to be not subject to inspection and copying by youth, a parent or a guardian and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section;
ii) Will forward copies of records to the requesting youth, authorized attorney, parent or non-institutional guardian upon payment or waiver of costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both and at which conference the correctional parole agent or other staff person will explain in detail the meaning of such records.
3) With regard to the master record files of persons formerly committed to the Juvenile Division:
A) All requests for inspection and copying should be directed to the supervisor of the microfilm center in Springfield.
B) The supervisor will contact the Chief Administrative Officer of the institution from which the youth was released or paroled.
4) A clinician shall examine all records submitted for review. If the clinician certifies in writing that the disclosure to a youth, a parent, or a non-institutional guardian of information would result in a specific harm to such individuals:
A) The information may be deleted from records inspected and copied by the individuals who would be harmed;
B) The clinician's certificate shall be attached to such records inspected and copied by all individuals.
5) The Juvenile Division shall maintain a record in each master file which indicates:
A) The parties who have requested to inspect or copy records from the master record file;
B) The records inspected or copied from the master record file.
d) Before this Section of the Subpart may be modified, the Legal Staff shall be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without the approval of the court.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.330 Release of Clinical Records to Offenders and Authorized Attorneys (Adult Facilities Excluding Transition Centers) – Court Agreement
a) Definitions
1) Offender – A person who is or has been in the custody of the Department.
2) Authorized Attorney – Any attorney authorized in writing by the offender to inspect and copy his or her clinical records.
3) Clinical Record – Any mental health record, maintained by the Department, prepared by a therapist in the course of providing mental health services to an offender. Clinical record does not include the therapist's personal notes, if those notes are kept in the therapist's sole possession for his or her own personal use and are not disclosed to any other person, except the therapist's supervisor, consulting therapist or attorney. If, at any time, the notes are otherwise disclosed, they shall be considered part of the offender's record for purposes of this Section. Clinical record does not include testing material used in the course of providing services if the disclosure of the material would compromise the objectivity or fairness of the testing process.
4) Information not subject to inspection and copying by a an offender – Information contained in clinical records, the disclosure of which a therapist certifies in writing is likely to result in physical harm to the offender, other offenders or Department employees, contractors or volunteers.
5) Therapist – A psychiatrist, physician, psychologist, counselor, social worker or nurse providing mental health services.
6) Mental Health Services – Psychiatric or psychological evaluation or treatment, or pharmaceuticals, or developmental disabilities programming.
b) Rights of and Limitations on Record Access
1) An offender or authorized attorney may have access to and copy all clinical records contained in any file maintained by the Department, provided:
A) The offender consents in writing to the access to and copying of the records by an authorized attorney; and
B) Information not subject to access and copying by an offender may be deleted from records otherwise available to an offender in accordance with procedures established in this Section. Information not subject to access and copying by an offender shall be made available to an authorized attorney provided the attorney agrees in writing not to disclose that information to the offender or any other person who may redisclose it to the offender.
2) All requests by the offender and authorized attorneys to inspect or copy clinical records must be made in writing and must contain a release of the Department and its employees from any liability to the offender as a result of disclosure or dissemination of the records or the information contained in the records, resulting from the access permitted to the authorized attorney or offender.
3) The Department shall comply with all written requests for records:
A) By promptly producing copies of records after either payment of copying costs by the offender or authorized attorney or a waiver of costs by the Department. Costs shall be waived upon a showing of the offender's indigency. The determination of indigency shall be made promptly by the officers to whom the written request is sent, in accordance with subsection (c)(1) of this Section; or
B) By promptly making the requested records available for inspection.
c) Processing of Requests for Record Access
1) All written requests:
A) With regard to the clinical records of offenders currently committed to a Department facility should be directed to the Chief Administrative Officer of the institution in which the person resides;
B) With regard to the clinical records of offenders on authorized absence from a facility or transferred to an Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities facility should be directed to the Chief Administrative Officer of the institution in which the person last resided;
C) With regard to the clinical records of offenders currently on parole or mandatory supervised release should be directed to the Chief Administrative Officer of the institution from which the offender was paroled or released; and
D) With regard to the clinical records of persons formerly committed to the Department should be directed to the supervisor of the Department's microfilm center in Springfield.
2) Upon receipt of the request for records, the records office supervisor, supervisor of the microfilm center, or a designee, shall either:
A) Promptly make the records available for inspection by the offender or authorized attorney; or
B) Promptly forward copies of the records to the offender or authorized attorney after payment or waiver of the costs.
3) The author of the reports or, if the original author is unavailable, a qualified therapist, may examine all records requested.
A) If the author or another therapist certifies in writing that the disclosure of information to the offender is likely to result in physical harm to the offender or other persons:
i) The information may be deleted from the records disclosed to the offender; and
ii) The author's or therapist's certificate shall be attached to the records inspected and copied by all persons.
B) If a document contains information certified to be likely to result in physical harm to the offender or others, only the information so certified may be deleted from the records disclosed to the offender.
4) The Department shall maintain a record in each offender's file that indicates:
A) The parties who have requested to inspect or copy clinical records; and
B) The clinical records inspected or copied.
d) Before this Section is modified, Department legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without approval of the court.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.340 Release of Clinical Records to Offenders and Authorized Attorneys (Transition Centers)
All written requests for release of clinical records of offenders transferred to a transition center should be directed to the Chief Administrative Officer of the correctional facility in which the offender last resided. All other provisions of Section 107.330 regarding release of clinical records shall also apply.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
SUBPART E: ACCESS AND REVIEW OF CRIMINAL HISTORY RECORD INFORMATION
Section 107.400 Applicability
This Subpart applies to correctional facilities within the Department.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.405 Responsibilities
a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.410 Definitions
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Criminal History Record Information" means information collected by criminal justice agencies on individuals, consisting of identifiable descriptions, which include name, gender, race, date of birth, Social Security Number, State Identification Number, Federal Bureau of Investigation (FBI) Number, and any other information used to determine the subject of the transcript; notations of arrests, detentions, indictments, information, or other formal criminal charges and any disposition arising from these actions; sentencing; and correctional supervision and release; but does not include juvenile history information, unless the juvenile was tried as an adult.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.420 Right to Access and Review
All persons, including offenders, have the right to review copies of their Criminal History Record Information from local criminal justice agencies, any state and the Federal Bureau of Investigation, and to challenge the content of these records (see 42 USC 3789(f) and (g) and 28 CFR 20).
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.430 Requests for Access and Review
a) A request to obtain access to and review Criminal History Record Information, local, state or federal, shall be made in writing to the office designated by the Chief Administrative Officer.
b) A staff member shall inform the offender of any applicable fees and assist the offender in completing and processing all applicable forms.
c) Upon receipt by the facility of the transcript of the Criminal History Record Information, the Department shall release the document to the offender.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.440 Challenge of Record
a) If an offender is not satisfied that his or her Criminal History Record Information is accurate, he or she may submit a written request to challenge the record.
b) A staff member shall advise the offender of the challenge, appeal and complaint process, and the Staff member shall assist him or her in preparing the appropriate forms for submission.
c) If the criminal history record is corrected, the offender may submit a written request for a listing of all non-criminal justice agencies that have received a copy of his or her criminal history record.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
SUBPART F: GENERAL EDUCATION DEVELOPMENT AND PROGRAM SENTENCE CREDIT
Section 107.500 Applicability
This Part applies to all correctional facilities within the Department and the Department of Juvenile Justice.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)
Section 107.505 Responsibilities
a) Unless otherwise specified, the Director, Chief Administrative Officer, or program administrator may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.
b) No other individual may routinely perform duties whenever a rule in this Subpart specifically states the Director, Chief Administrative Officer, or program administrator shall personally perform the duties. However, the Director, Chief Administrative Officer or program administrator may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
(Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996)
Section 107.510 Definitions
"Behavior Modification Program" means a program, approved by the Department, designed to provide offenders with the means to identify and alter undesired behavioral patterns.
"Chief Administrative Officer" means the highest ranking official of a correctional facility.
"Correctional Industry Assignments" means work assignments in or job training conducted by Correctional Industries.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Earned Good Conduct Credit" means the award of time to offset the length of sentence for an offender who successfully completed an assigned substance abuse program, Correctional Industries assignment, or educational program prior to June 22, 2012.
"Earned Program Sentence Credit" means the award of time to offset the length of sentence for an eligible offender who successfully completes a substance abuse program, Correctional Industries assignment, educational program, behavior modification program, life skills course, or re-entry planning on or after January 1, 2018.
"Educational Programs" means courses of academic and vocational instruction offered to persons committed to the Department or courses of academic and vocational instruction approved by the Department.
"Higher Education Degree" means a bachelor's degree, master's degree, or professional degree.
"HSE Program Sentence Credit" means the award of 90 days credit to offset the length of sentence for an offender who passes the high school level test of High School Equivalency (HSE) while committed to the Department or while held in pretrial detention prior to the offender's current commitment to the Department.
"Instructional Day" means a day in which instruction is provided.
"Life Skills Course" means a program approved by the Department to promote personal skills to better prepare the offender for a productive return to society.
"Program Administrator" means the Education Facility Administrator or other persons designated by the Chief Administrative Officer to be responsible for determining satisfactory participation in programs subject to program sentence credit.
"Program Sentence Credit" means the award of time to offset the length of sentence for offenders who successfully complete a substance abuse program, Correctional Industries assignment, educational program, behavior modification program, life skills course, or re-entry planning program on or after June 22, 2012 but prior to January 1, 2018.
"Re-entry Planning Program" means a program approved by the Department that provides offenders with information on release procedures and the tools to assist them in a positive re-entry into society.
"Substance Abuse Program" means a program, approved by the Department, consisting of counseling, education or treatment for drug or alcohol abuse.
(Source: Amended at 45 Ill. Reg. 4432, effective April 1, 2021)
Section 107.520 Eligibility for Earned Program Sentence Credit
a) Individuals in Custody who, on or after January 1, 2018, are engaged full-time in substance abuse programs, Correctional Industries assignments, academic or vocational education programs, behavior modification programs, life skills courses, re-entry planning or ATC/work release programs provided or approved by the Department shall be eligible to receive earned program sentence credit at the rate of 1.00 credit per program day provided:
1) the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B; and
2) the individual achieve the goals established by the Department within a specified time period.
b) Individuals in custody who, on or after July 1, 2021, are engaged in full time self-improvement programs, approved volunteer activities, or work assignments provided or approved by the Department shall be eligible to receive earned program sentence credit at the rate of 0.5 credits per program day provided:
1) the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B; and
2) the individual achieves the goals established by the Department within a specified time period.
c) Individuals in Custody shall not be eligible to receive earned program sentence credit at the rate of 1.0 or 0.5 credits per day if:
1) the individual is assigned to a boot camp or electronic detention program; or
2) the individual is serving a sentence for an excluded offense under the provisions of Section 3-6-3(a)(4) of the UCOC; or
3) the individual is removed from the program for failure to comply with program requirements or for disciplinary reasons.
d) Individuals in Custody who are not eligible under subsection (a) or (b) who enroll full-time in an educational program approved by the Department shall be eligible to receive program sentence credit at the rate of 0.25 credits per day provided:
1) the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B;
2) The offense for which the individual was convicted was committed on or after September 10, 1990 through August 10, 1993;
3) the individual has not been convicted of first degree murder, second degree murder, or a Class X felony;
4) the individual has not been convicted of a felony that was committed after a previous award of earned good conduct credit or program sentence credit;
5) the individual achieves the educational goals established by the Department within a specified time period; and
6) the individual is not removed from the program for failure to comply with program requirements or for disciplinary reasons.
e) Individuals in Custody serving a sentence for an offense committed prior to June 19, 1998, excluding individuals in custody serving a term of natural life imprisonment, may be eligible to receive earned 45 or 90 days of earned program sentence credit for programming completed prior to January 1, 2020 if:
1) the Department or an approved program provides documentation of successful completion of programming;
2) the individual in custody provides an affidavit or documentation that the individual engaged in and successfully completed full-time programming; or
3) a third party provides documentation or testimony that the individual in custody engaged in and successfully completed full-time programming.
f) Individuals in custody who are eligible for earned program sentence credit under subsection (e) that provide documentation of program participation in excess of 45 days shall receive 90 days of sentence credit.
g) Individuals in Custody who are eligible for earned program sentence credit under subsection (e) that cannot provide documentation of program participation of more than 45 days shall receive 45 days of program participation.
h) Individuals in Custody eligible for sentence credit under subsection (d) who have been convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], shall not receive the earned program sentence credit under subsection (e) unless the individual successfully completes, or is participating in, sex offender treatment. However, if the individual in custody is on a waiting list for treatment but is unable to participate due solely to lack of Department resources, the individual may be awarded 45 or 90 days earned program credit at the discretion of the Director.
i) No individual in custody shall be eligible to receive earned program sentence credit if the award reduces his or her sentence to less than:
1) 85% for individuals in custody required to serve 85% of their sentence; or
2) 60% for individuals in custody required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.
j) Full-time assignment to a program for which an offender may be eligible to receive earned program sentence credit shall mean:
1) Behavioral modification, life skills, re-entry planning, self-improvement
program and volunteer activity programming shall be considered full-time if they include a minimum of three-hours of programming.
2) Educational programming shall be considered full-time if an individual in custody:
A) Is enrolled in a continuing, ongoing, regularly scheduled educational program, and
B) Is enrolled in Adult Basic Education (ABE), Advanced ABE, Adult Secondary Education (ASE) or vocational programs where classes are regularly scheduled to meet a minimum of 10 hours per week (minimum of five days per week, two hours per day or four days per week, two and one-half hour per day), except for holidays; or
C) Is enrolled in a college academic program for a minimum of 6 credit hours per module or 12 credit hours per semester.
3) Substance use programming shall be considered full-time if the participant is:
A) Housed in a dedicated substance use program facility, or housing unit or housing unit wing, in which all individuals in custody are receiving full-time substance use services; or
B) Normally scheduled to participate in a minimum of 15 hours of substance use programming per week.
4) A Correctional Industries assignment shall be considered full-time if normally scheduled for a minimum of 4 hours per day, 5 days per week.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.525 High School Equivalency (HSE) Earned Program Sentence Credit
Offenders who are eligible for earned program sentence credit in accordance with Section 107.520 and who have not graduated from high school or passed a test of HSE shall be awarded 90 days of HSE earned program sentence credit if he or she passes HSE test of high school equivalency while committed to the Department or while held in pre-trial detention prior to his or her current incarceration in the Department. The award of HSE earned program sentence credit shall be in addition to other awards of earned sentence credit.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.526 Higher Education Earned Program Sentence Credit
Individuals in Custody who are eligible for earned program sentence credit in accordance with Section 107.520 and who have not previously obtained a higher education degree shall be awarded 120 days of earned programs sentence credit for an Associates Degree or 180 days for higher education beyond and Associate Degree if the individual earns a higher education degree while committed to the Department or while held in pre-trial detention prior to the individual current incarceration in the Department. The award of higher education earned program sentence credit shall be in addition to other awards of earned sentence credit.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.530 Goal Statements
a) Program goals (see Section 107.540) shall be established in writing by the program administrator for offenders who are eligible to receive earned program sentence credit or HSE earned program sentence credit and shall be signed by the offender.
b) The goal statement shall include the goal period and the goals the offender is expected to achieve.
c) Offenders who are enrolled in programming as of January 1, 2018 and do not have an active goal statement shall have a new goal statement established. If eligible for earned program sentence credit in accordance with Section 107.525(a), offenders may be awarded partial earned program sentence credit for the programming completed after January 1, 2018.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.540 Program Goals
a) Program goals may include, but are not limited to, one or more of the following:
1) Active participation in the program as demonstrated by being attentive, responsive and cooperative and by maintaining behavioral standards;
2) Adherence to attendance requirements;
3) Achievement of a specified grade level;
4) Attainment of an HSE certificate;
5) Attainment of a specific number of college credits;
6) Maintaining a certain grade;
7) Achievement of specified skills;
8) Achievement of a specified production level;
9) Attendance at individual, group or family counseling;
10) Passing a substance abuse education program final;
11) Passing a substance abuse test, such as a urinalysis, for the detection of the presence of drugs or alcohol;
12) Completion of a specified number of programming hours; or
13) Completion of pre- and post-release program questionnaires.
b) Goals may, with the approval of the program administrator or the Chief Administrative Officer, be revised in writing and signed by the offender if it is determined that the original goals need to be revised based, among other matters, on a reassessment of the offender's level of competency or ability or program changes. However, the goal period may not be changed except as provided in Section 107.550.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)
Section 107.550 Goal Periods
a) The goal period for individuals in custody who are enrolled in an educational program, except college academic programs, shall be 45 instructional days of attendance or the number of instructional days of attendance required to complete the program if less than 45 instructional days. The instructional period may be shortened to less than 45 days due to accomplishing the goals of the course, disease, COVID, lack of funding, lack of personnel, etc.
b) The goal period for individuals in custody who are enrolled in college academic programs and for individuals in custody in the transition centers who are enrolled in any educational program approved by the Department shall be the period of time during which the classes are scheduled.
c) The goal period for substance abuse programs shall be the length of the program or 90 consecutive days, whichever is shorter.
d) The goal period for behavior modification programs, life skills courses, re-entry planning programs, self-improvement programs, approved volunteer activities and work release, for which an individual in custody may be eligible to receive earned program sentence credit shall be the number of hours determined to be beneficial based on the individual's in custody risk and needs assessment.
e) The goal period for Correctional Industries assignments shall normally be 90 days.
f) When an individual in custody completes the program early, the goal period shall be revised to the date of completion and the individual in custody shall be eligible to receive program sentence credit for the revised goal period.
g) If the individual in custody is removed from the program or assignment due to placement in protective custody, non-voluntary transfers for other than disciplinary reasons, termination or suspension of the program by the Department, release on parole or mandatory supervised release, transfer to work release, placement on electronic detention, or other reasons approved by the Chief Administrative Officer, the goal period may be revised to the date removed from the program. In determining whether to revise a goal period, the Department shall consider, among other factors, the individual's medical and mental health status, protection needs, projected release date, and time in the program. The individual in custody shall be eligible to receive program sentence credit for the revised goal period provided satisfactory progress has been made towards achieving stated goals.
h) If the individual in custody is removed from the program or assignment prior to completion of the goal period due to reasons other than those stated in subsection (i), the offender shall not receive any earned program sentence credit for the goal period.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.560 Award of High School Equivalency Earned Program Sentence Credit and Program Sentence Credit
Within 15 working days, whenever feasible, after completion of the goal period or removal from the program, the program administrator or Chief Administrative Officer shall:
a) Determine whether the individual in custody achieved the required goals or was making satisfactory progress toward achieving the goals in accordance with Section 107.550(g).
b) Document the determination of ineligibility or the award of the High School Equivalency (HSE) certificate. Awarded HSE earned program sentence credit shall only be subject to revocation if it is subsequently determined that the individual in custody was not eligible for the award. Partial HSE earned program sentence credit shall not be awarded.
c) Document the determination of ineligibility or the number of calendar days during the goal period for which the individual in custody is eligible to receive earned program sentence credit. The days eligible for the award shall be the number of calendar days during the goal period, less the total number of days of lockdowns, days the offender was absent, and days in which class or the program assignment was cancelled.
d) Ensure earned program sentence credit is computed at the appropriate rate, 0.25 or 0.5, in accordance with Section 107.520(a), (b) or (c).
e) Document the award of HSE earned program sentence credit or program sentence credit submitted for the review and approval of the Director or Director's designee. A copy of the award of HSE earned program sentence credit or earned program sentence credit shall be placed in the individual's master record file.
f) Document that the individual in custody was advised in writing of the award of HSE program sentence credit or program sentence credit or the determination of ineligibility of the award.
g) Document that new goal periods and goals were established upon continued placement or re-enrollment in educational programs or continued placement in substance abuse programs, behavioral modification programs, life skills courses, re-entry planning, or Correctional Industries assignments in accordance with this Subpart.
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)
Section 107.570 Revocation and Restoration of Earned Program Sentence Credit
Earned program sentence credit may be revoked and restored in accordance with Subpart B.
(Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019)