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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 3-6-3 as follows:
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6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | Sec. 3-6-3. Rules and regulations for sentence credit.
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8 | (a)(1) The Department of Corrections shall prescribe rules
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9 | and regulations for awarding and revoking sentence credit for | |||||||||||||||||||
10 | persons committed to the Department of Corrections and the | |||||||||||||||||||
11 | Department of Juvenile Justice shall prescribe rules and | |||||||||||||||||||
12 | regulations for awarding and revoking sentence credit for | |||||||||||||||||||
13 | persons committed to the Department of Juvenile Justice under | |||||||||||||||||||
14 | Section 5-8-6 of the Unified Code of Corrections, which shall
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15 | be subject to review by the Prisoner Review Board.
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16 | (1.5) As otherwise provided by law, sentence credit may be | |||||||||||||||||||
17 | awarded for the following: | |||||||||||||||||||
18 | (A) successful completion of programming while in | |||||||||||||||||||
19 | custody of the Department of Corrections or the Department | |||||||||||||||||||
20 | of Juvenile Justice or while in custody prior to | |||||||||||||||||||
21 | sentencing; | |||||||||||||||||||
22 | (B) compliance with the rules and regulations of the | |||||||||||||||||||
23 | Department; or |
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1 | (C) service to the institution, service to a | ||||||
2 | community, or service to the State. | ||||||
3 | (2) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations on sentence credit | ||||||
5 | shall provide, with
respect to offenses listed in clause (i), | ||||||
6 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
7 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
8 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
9 | effective date of Public Act 94-71) or with
respect to offense | ||||||
10 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
11 | effective date of Public Act 95-625)
or with respect to the | ||||||
12 | offense of being an armed habitual criminal committed on or | ||||||
13 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
14 | or with respect to the offenses listed in clause (v) of this | ||||||
15 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
16 | effective date of Public Act 95-134) or with respect to the | ||||||
17 | offense of aggravated domestic battery committed on or after | ||||||
18 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
19 | with respect to the offense of attempt to commit terrorism | ||||||
20 | committed on or after January 1, 2013 (the effective date of | ||||||
21 | Public Act 97-990), the following:
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22 | (i) that a prisoner who is serving a term of | ||||||
23 | imprisonment for first
degree murder or for the offense of | ||||||
24 | terrorism shall receive no sentence
credit and shall serve | ||||||
25 | the entire
sentence imposed by the court;
| ||||||
26 | (ii) that a prisoner serving a sentence for attempt to |
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1 | commit terrorism, attempt to commit first
degree murder, | ||||||
2 | solicitation of murder, solicitation of murder for hire,
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3 | intentional homicide of an unborn child, predatory | ||||||
4 | criminal sexual assault of a
child, aggravated criminal | ||||||
5 | sexual assault, criminal sexual assault, aggravated
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6 | kidnapping, aggravated battery with a firearm as described | ||||||
7 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
8 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
9 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
10 | 12-3.05, being an armed habitual criminal, aggravated
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11 | battery of a senior citizen as described in Section 12-4.6 | ||||||
12 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
13 | battery of a child as described in Section 12-4.3 or | ||||||
14 | subdivision (b)(1) of Section 12-3.05 shall receive no
| ||||||
15 | more than 7.5 4.5 days of sentence credit for each month of | ||||||
16 | his or her sentence
of imprisonment;
| ||||||
17 | (iii) that a prisoner serving a sentence
for home | ||||||
18 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
19 | aggravated discharge of a firearm, or armed violence with | ||||||
20 | a category I weapon
or category II weapon, when the court
| ||||||
21 | has made and entered a finding, pursuant to subsection | ||||||
22 | (c-1) of Section 5-4-1
of this Code, that the conduct | ||||||
23 | leading to conviction for the enumerated offense
resulted | ||||||
24 | in great bodily harm to a victim, shall receive no more | ||||||
25 | than 7.5 4.5 days
of sentence credit for each month of his | ||||||
26 | or her sentence of imprisonment;
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1 | (iv) that a prisoner serving a sentence for aggravated | ||||||
2 | discharge of a firearm, whether or not the conduct leading | ||||||
3 | to conviction for the offense resulted in great bodily | ||||||
4 | harm to the victim, shall receive no more than 7.5 4.5 days | ||||||
5 | of sentence credit for each month of his or her sentence of | ||||||
6 | imprisonment;
| ||||||
7 | (v) that a person serving a sentence for gunrunning, | ||||||
8 | narcotics racketeering, controlled substance trafficking, | ||||||
9 | methamphetamine trafficking, drug-induced homicide, | ||||||
10 | aggravated methamphetamine-related child endangerment, | ||||||
11 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
12 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012, or a Class X felony conviction for delivery | ||||||
14 | of a controlled substance, possession of a controlled | ||||||
15 | substance with intent to manufacture or deliver, | ||||||
16 | calculated criminal drug conspiracy, criminal drug | ||||||
17 | conspiracy, street gang criminal drug conspiracy, | ||||||
18 | participation in methamphetamine manufacturing, | ||||||
19 | aggravated participation in methamphetamine | ||||||
20 | manufacturing, delivery of methamphetamine, possession | ||||||
21 | with intent to deliver methamphetamine, aggravated | ||||||
22 | delivery of methamphetamine, aggravated possession with | ||||||
23 | intent to deliver methamphetamine, methamphetamine | ||||||
24 | conspiracy when the substance containing the controlled | ||||||
25 | substance or methamphetamine is 100 grams or more shall | ||||||
26 | receive no more than 12 7.5 days sentence credit for each |
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1 | month of his or her sentence of imprisonment;
| ||||||
2 | (vi)
that a prisoner serving a sentence for a second | ||||||
3 | or subsequent offense of luring a minor shall receive no | ||||||
4 | more than 7.5 4.5 days of sentence credit for each month of | ||||||
5 | his or her sentence of imprisonment; and
| ||||||
6 | (vii) that a prisoner serving a sentence for | ||||||
7 | aggravated domestic battery shall receive no more than 7.5 | ||||||
8 | 4.5 days of sentence credit for each month of his or her | ||||||
9 | sentence of imprisonment ; and . | ||||||
10 | (viii) that a person serving a sentence for first | ||||||
11 | degree murder, other than those serving a term of natural | ||||||
12 | life imprisonment, shall receive no more than 4.5 days of | ||||||
13 | sentence credit for each month of his or her sentence of | ||||||
14 | imprisonment. | ||||||
15 | (2.1) For all offenses, other than those enumerated in | ||||||
16 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
17 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
19 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
20 | (the effective date of Public Act 95-134)
or subdivision | ||||||
21 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
22 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
23 | committed on or after July 23, 2010 (the effective date of | ||||||
24 | Public Act 96-1224), or subdivision (a)(2)(viii) committed on | ||||||
25 | or after the effective date of this amendatory Act of the 103rd | ||||||
26 | General Assembly, and other than the offense of aggravated |
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1 | driving under the influence of alcohol, other drug or drugs, | ||||||
2 | or
intoxicating compound or compounds, or any combination | ||||||
3 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
4 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
5 | and other than the offense of aggravated driving under the | ||||||
6 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
7 | compound or compounds, or any combination
thereof as defined | ||||||
8 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
9 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
10 | after January 1, 2011 (the effective date of Public Act | ||||||
11 | 96-1230),
the rules and regulations shall
provide that a | ||||||
12 | prisoner who is serving a term of
imprisonment shall receive | ||||||
13 | one day of sentence credit for each day of
his or her sentence | ||||||
14 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
15 | of sentence credit shall reduce by one day the prisoner's | ||||||
16 | period
of imprisonment or recommitment under Section 3-3-9.
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17 | (2.2) A prisoner serving a term of natural life | ||||||
18 | imprisonment or a
prisoner who has been sentenced to death | ||||||
19 | shall receive no sentence
credit.
| ||||||
20 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
21 | subsection (a), the rules and regulations on sentence credit | ||||||
22 | shall provide that
a prisoner who is serving a sentence for | ||||||
23 | aggravated driving under the influence of alcohol,
other drug | ||||||
24 | or drugs, or intoxicating compound or compounds, or any | ||||||
25 | combination
thereof as defined in subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of
Section 11-501 of the |
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1 | Illinois Vehicle Code, shall receive no more than 7.5 4.5
days | ||||||
2 | of sentence credit for each month of his or her sentence of
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3 | imprisonment.
| ||||||
4 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
5 | subsection (a), the rules and regulations on sentence credit | ||||||
6 | shall provide with
respect to the offenses of aggravated | ||||||
7 | battery with a machine gun or a firearm
equipped with any | ||||||
8 | device or attachment designed or used for silencing the
report | ||||||
9 | of a firearm or aggravated discharge of a machine gun or a | ||||||
10 | firearm
equipped with any device or attachment designed or | ||||||
11 | used for silencing the
report of a firearm, committed on or | ||||||
12 | after
July 15, 1999 (the effective date of Public Act 91-121),
| ||||||
13 | that a prisoner serving a sentence for any of these offenses | ||||||
14 | shall receive no
more than 7.5 4.5 days of sentence credit for | ||||||
15 | each month of his or her sentence
of imprisonment.
| ||||||
16 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
17 | subsection (a), the rules and regulations on sentence credit | ||||||
18 | shall provide that a
prisoner who is serving a sentence for | ||||||
19 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
20 | effective date of Public Act 92-176) shall receive no more | ||||||
21 | than
7.5 4.5 days of sentence credit for each month of his or | ||||||
22 | her sentence of
imprisonment.
| ||||||
23 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
24 | subsection (a), 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 drug |
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1 | 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 7.5 4.5
days of sentence credit for each month of his | ||||||
7 | or her sentence of
imprisonment. | ||||||
8 | (3) In addition to the sentence credits earned under | ||||||
9 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
10 | subsection (a), the rules and regulations shall also provide | ||||||
11 | that
the Director of Corrections or the Director of Juvenile | ||||||
12 | Justice may award up to 180 days of earned sentence
credit ; | ||||||
13 | provided that such earned sentence credit shall not reduce the | ||||||
14 | sentence of the prisoner to less than the amounts set forth in | ||||||
15 | subparagraphs (i), (ii), (iii), and (iv) of paragraph (4.7) of | ||||||
16 | this subsection (a) for prisoners serving a sentence of | ||||||
17 | incarceration of less than 5 years, and up to 365 days of | ||||||
18 | earned sentence credit for prisoners serving a sentence of 5 | ||||||
19 | years or longer . The Director may grant this credit for good | ||||||
20 | conduct in specific instances as either
Director deems proper | ||||||
21 | for eligible persons in the custody of each Director's | ||||||
22 | respective Department. The good conduct may include, but is | ||||||
23 | not limited to, compliance with the rules and regulations of | ||||||
24 | the Department, service to the Department, service to a | ||||||
25 | community, or service to the State.
| ||||||
26 | Eligible inmates for an award of earned sentence credit |
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1 | under
this paragraph (3) may be selected to receive the credit | ||||||
2 | at
either Director's or his or her designee's sole discretion.
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3 | Eligibility for the additional earned sentence credit under | ||||||
4 | this paragraph (3) may be based on, but is not limited to, | ||||||
5 | participation in programming offered by the Department as | ||||||
6 | appropriate for the prisoner based on the results of any | ||||||
7 | available risk/needs assessment or other relevant assessments | ||||||
8 | or evaluations administered by the Department using a | ||||||
9 | validated instrument, the circumstances of the crime, | ||||||
10 | demonstrated commitment to rehabilitation by a prisoner with a | ||||||
11 | history of conviction for a forcible felony enumerated in | ||||||
12 | Section 2-8 of the Criminal Code of 2012, the inmate's | ||||||
13 | behavior and improvements in disciplinary history while | ||||||
14 | incarcerated, and the inmate's commitment to rehabilitation, | ||||||
15 | including participation in programming offered by the | ||||||
16 | Department. | ||||||
17 | The Director of Corrections or the Director of Juvenile | ||||||
18 | Justice shall not award sentence credit under this paragraph | ||||||
19 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
20 | days of the sentence; except nothing in this paragraph shall | ||||||
21 | be construed to permit either Director to extend an inmate's | ||||||
22 | sentence beyond that which was imposed by the court. Prior to | ||||||
23 | awarding credit under this paragraph (3), each Director shall | ||||||
24 | make a written determination that the inmate: | ||||||
25 | (A) is eligible for the earned sentence credit; | ||||||
26 | (B) has served a minimum of 60 days, or as close to 60 |
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1 | days as the sentence will allow; | ||||||
2 | (B-1) has received a risk/needs assessment or other | ||||||
3 | relevant evaluation or assessment administered by the | ||||||
4 | Department using a validated instrument; and | ||||||
5 | (C) has met the eligibility criteria established by | ||||||
6 | rule for earned sentence credit. | ||||||
7 | The Director of Corrections or the Director of Juvenile | ||||||
8 | Justice shall determine the form and content of the written | ||||||
9 | determination required in this subsection. | ||||||
10 | (3.5) The Department shall provide annual written reports | ||||||
11 | to the Governor and the General Assembly on the award of earned | ||||||
12 | sentence credit no later than February 1 of each year. The | ||||||
13 | Department must publish both reports on its website within 48 | ||||||
14 | hours of transmitting the reports to the Governor and the | ||||||
15 | General Assembly. The reports must include: | ||||||
16 | (A) the number of inmates awarded earned sentence | ||||||
17 | credit; | ||||||
18 | (B) the average amount of earned sentence credit | ||||||
19 | awarded; | ||||||
20 | (C) the holding offenses of inmates awarded earned | ||||||
21 | sentence credit; and | ||||||
22 | (D) the number of earned sentence credit revocations. | ||||||
23 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
24 | subsection (a), the rules and regulations shall also provide | ||||||
25 | that any prisoner who is engaged full-time in substance abuse | ||||||
26 | programs, correctional
industry assignments, educational |
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1 | programs, work-release programs or activities in accordance | ||||||
2 | with Article 13 of Chapter III of this Code, behavior | ||||||
3 | modification programs, life skills courses, or re-entry | ||||||
4 | planning provided by the Department
under this paragraph (4) | ||||||
5 | and satisfactorily completes the assigned program as
| ||||||
6 | determined by the standards of the Department, shall receive | ||||||
7 | one day of sentence credit for each day in which that prisoner | ||||||
8 | is engaged in the activities described in this paragraph.
The | ||||||
9 | rules and regulations shall also provide that sentence credit | ||||||
10 | may be provided to an inmate who was held in pre-trial | ||||||
11 | detention prior to his or her current commitment to the | ||||||
12 | Department of Corrections and successfully completed a | ||||||
13 | full-time, 60-day or longer substance abuse program, | ||||||
14 | educational program, behavior modification program, life | ||||||
15 | skills course, or re-entry planning provided by the county | ||||||
16 | department of corrections or county jail. Calculation of this | ||||||
17 | county program credit shall be done at sentencing as provided | ||||||
18 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
19 | sentencing order. The rules and regulations shall also provide | ||||||
20 | that sentence credit may be provided to an inmate who is in | ||||||
21 | compliance with programming requirements in an adult | ||||||
22 | transition center.
| ||||||
23 | (B) The Department shall award sentence credit under this | ||||||
24 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
25 | effective date of Public Act 101-440) in an amount specified | ||||||
26 | in subparagraph (C) of this paragraph (4) to an inmate serving |
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1 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
2 | the Department determines that the inmate is entitled to this | ||||||
3 | sentence credit, based upon: | ||||||
4 | (i) documentation provided by the Department that the | ||||||
5 | inmate engaged in any full-time substance abuse programs, | ||||||
6 | correctional industry assignments, educational programs, | ||||||
7 | behavior modification programs, life skills courses, or | ||||||
8 | re-entry planning provided by the Department under this | ||||||
9 | paragraph (4) and satisfactorily completed the assigned | ||||||
10 | program as determined by the standards of the Department | ||||||
11 | during the inmate's current term of incarceration; or | ||||||
12 | (ii) the inmate's own testimony in the form of an | ||||||
13 | affidavit or documentation, or a third party's | ||||||
14 | documentation or testimony in the form of an affidavit | ||||||
15 | that the inmate likely engaged in any full-time substance | ||||||
16 | abuse programs, correctional industry assignments, | ||||||
17 | educational programs, behavior modification programs, life | ||||||
18 | skills courses, or re-entry planning provided by the | ||||||
19 | Department under paragraph (4) and satisfactorily | ||||||
20 | completed the assigned program as determined by the | ||||||
21 | standards of the Department during the inmate's current | ||||||
22 | term of incarceration. | ||||||
23 | (C) If the inmate can provide documentation that he or she | ||||||
24 | is entitled to sentence credit under subparagraph (B) in | ||||||
25 | excess of 45 days of participation in those programs, the | ||||||
26 | inmate shall receive 90 days of sentence credit. If the inmate |
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| |||||||
1 | cannot provide documentation of more than 45 days of | ||||||
2 | participation in those programs, the inmate shall receive 45 | ||||||
3 | days of sentence credit. In the event of a disagreement | ||||||
4 | between the Department and the inmate as to the amount of | ||||||
5 | credit accumulated under subparagraph (B), if the Department | ||||||
6 | provides documented proof of a lesser amount of days of | ||||||
7 | participation in those programs, that proof shall control. If | ||||||
8 | the Department provides no documentary proof, the inmate's | ||||||
9 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
10 | control as to the amount of sentence credit provided. | ||||||
11 | (D) If the inmate has been convicted of a sex offense as | ||||||
12 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
13 | sentencing credits under subparagraph (B) of this paragraph | ||||||
14 | (4) shall be awarded by the Department only if the conditions | ||||||
15 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
16 | No inmate serving a term of natural life imprisonment shall | ||||||
17 | receive sentence credit under subparagraph (B) of this | ||||||
18 | paragraph (4). | ||||||
19 | Educational, vocational, substance abuse, behavior | ||||||
20 | modification programs, life skills courses, re-entry planning, | ||||||
21 | and correctional
industry programs under which sentence credit | ||||||
22 | may be earned under
this paragraph (4) and paragraph (4.1) of | ||||||
23 | this subsection (a) shall be evaluated by the Department on | ||||||
24 | the basis of
documented standards. The Department shall report | ||||||
25 | the results of these
evaluations to the Governor and the | ||||||
26 | General Assembly by September 30th of each
year. The reports |
| |||||||
| |||||||
1 | shall include data relating to the recidivism rate among
| ||||||
2 | program participants.
| ||||||
3 | Availability of these programs shall be subject to the
| ||||||
4 | limits of fiscal resources appropriated by the General | ||||||
5 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
6 | immediate admission shall be
placed on a waiting list under | ||||||
7 | criteria established by the Department. The rules and | ||||||
8 | regulations shall provide that a prisoner who has been placed | ||||||
9 | on a waiting list but is transferred for non-disciplinary | ||||||
10 | reasons before beginning a program shall receive priority | ||||||
11 | placement on the waitlist for appropriate programs at the new | ||||||
12 | facility.
The inability of any inmate to become engaged in any | ||||||
13 | such programs
by reason of insufficient program resources or | ||||||
14 | for any other reason
established under the rules and | ||||||
15 | regulations of the Department shall not be
deemed a cause of | ||||||
16 | action under which the Department or any employee or
agent of | ||||||
17 | the Department shall be liable for damages to the inmate. The | ||||||
18 | rules and regulations shall provide that a prisoner who begins | ||||||
19 | an educational, vocational, substance abuse, work-release | ||||||
20 | programs or activities in accordance with Article 13 of | ||||||
21 | Chapter III of this Code, behavior modification program, life | ||||||
22 | skills course, re-entry planning, or correctional industry | ||||||
23 | programs but is unable to complete the program due to illness, | ||||||
24 | disability, transfer, lockdown, or another reason outside of | ||||||
25 | the prisoner's control shall receive prorated sentence credits | ||||||
26 | for the days in which the prisoner did participate.
|
| |||||||
| |||||||
1 | (E) The Department shall award sentence credit under this | ||||||
2 | paragraph (4) accumulated prior to the effective date of this | ||||||
3 | amendatory Act of the 103rd General Assembly in an amount | ||||||
4 | specified in subparagraph (F) of this paragraph (4) to an | ||||||
5 | inmate serving a sentence for an offense committed on or after | ||||||
6 | June 19, 1998, if the Department determines that the inmate is | ||||||
7 | entitled to this sentence credit, based upon: | ||||||
8 | (i) documentation provided by the Department that the
| ||||||
9 | inmate engaged in any full-time substance abuse programs, | ||||||
10 | correctional industry assignments, educational programs, | ||||||
11 | behavior modification programs, life skills courses, or | ||||||
12 | re-entry planning provided by the Department under this | ||||||
13 | paragraph (4) and satisfactorily completed the assigned | ||||||
14 | program as determined by the standards of the Department | ||||||
15 | during the inmate's current term of incarceration; or | ||||||
16 | (ii) the inmate's own testimony in the form of an
| ||||||
17 | affidavit or documentation, or a third party's | ||||||
18 | documentation or testimony in the form of an affidavit | ||||||
19 | that the inmate likely engaged in any full-time substance | ||||||
20 | abuse programs, correctional industry assignments, | ||||||
21 | educational programs, behavior modification programs, life | ||||||
22 | skills courses, or re-entry planning provided by the | ||||||
23 | Department under this paragraph (4) and satisfactorily | ||||||
24 | completed the assigned program as determined by the | ||||||
25 | standards of the Department during the inmate's current | ||||||
26 | term of incarceration. |
| |||||||
| |||||||
1 | (F) If the inmate can provide documentation that he or she | ||||||
2 | is entitled to sentence credit under subparagraph (E), the | ||||||
3 | inmate shall receive such sentence credit. If the inmate | ||||||
4 | cannot provide documentation of participation in those | ||||||
5 | programs, the inmate shall receive up to 0.5 days of sentence | ||||||
6 | credit for each day of participation in such a program. In the | ||||||
7 | event of a disagreement between the Department and the inmate | ||||||
8 | as to the amount of credit accumulated under subparagraph (E), | ||||||
9 | if the Department provides documented proof of a lesser amount | ||||||
10 | of days of participation in those programs, that proof shall | ||||||
11 | control. If the Department provides no documentary proof, the | ||||||
12 | inmate's proof as set forth in clause (ii) of subparagraph (E) | ||||||
13 | shall control as to the amount of sentence credit provided. | ||||||
14 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
15 | subsection (a), the rules and regulations shall also provide | ||||||
16 | that an additional 90 days of sentence credit shall be awarded | ||||||
17 | to any prisoner who passes high school equivalency testing | ||||||
18 | while the prisoner is committed to the Department of | ||||||
19 | Corrections. The sentence credit awarded under this paragraph | ||||||
20 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
21 | of sentence credit under any other paragraph of this Section, | ||||||
22 | but shall also be pursuant to the guidelines and restrictions | ||||||
23 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
24 | The sentence credit provided for in this paragraph shall be | ||||||
25 | available only to those prisoners who have not previously | ||||||
26 | earned a high school diploma or a State of Illinois High School |
| |||||||
| |||||||
1 | Diploma. If, after an award of the high school equivalency | ||||||
2 | testing sentence credit has been made, the Department | ||||||
3 | determines that the prisoner was not eligible, then the award | ||||||
4 | shall be revoked.
The Department may also award 90 days of | ||||||
5 | sentence credit to any committed person who passed high school | ||||||
6 | equivalency testing while he or she was held in pre-trial | ||||||
7 | detention prior to the current commitment to the Department of | ||||||
8 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
9 | subsection (a), the rules and regulations shall provide that | ||||||
10 | an additional 120 days of sentence credit shall be awarded to | ||||||
11 | any prisoner who obtains an associate degree while the | ||||||
12 | prisoner is committed to the Department of Corrections, | ||||||
13 | regardless of the date that the associate degree was obtained, | ||||||
14 | including if prior to July 1, 2021 (the effective date of | ||||||
15 | Public Act 101-652). The sentence credit awarded under this | ||||||
16 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
17 | the award of sentence credit under any other paragraph of this | ||||||
18 | Section, but shall also be under the guidelines and | ||||||
19 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
20 | this Section. The sentence credit provided for in this | ||||||
21 | paragraph (4.1) shall be available only to those prisoners who | ||||||
22 | have not previously earned an associate degree prior to the | ||||||
23 | current commitment to the Department of Corrections. If, after | ||||||
24 | an award of the associate degree sentence credit has been made | ||||||
25 | and the Department determines that the prisoner was not | ||||||
26 | eligible, then the award shall be revoked. The Department may |
| |||||||
| |||||||
1 | also award 120 days of sentence credit to any committed person | ||||||
2 | who earned an associate degree while he or she was held in | ||||||
3 | pre-trial detention prior to the current commitment to the | ||||||
4 | Department of Corrections. | ||||||
5 | Except as provided in paragraph (4.7) of this subsection | ||||||
6 | (a), the rules and regulations shall provide that an | ||||||
7 | additional 180 days of sentence credit shall be awarded to any | ||||||
8 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
9 | committed to the Department of Corrections. The sentence | ||||||
10 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
11 | to, and shall not affect, the award of sentence credit under | ||||||
12 | any other paragraph of this Section, but shall also be under | ||||||
13 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
14 | this subsection (a). The sentence credit provided for in this | ||||||
15 | paragraph shall be available only to those prisoners who have | ||||||
16 | not earned a bachelor's degree prior to the current commitment | ||||||
17 | to the Department of Corrections. If, after an award of the | ||||||
18 | bachelor's degree sentence credit has been made, the | ||||||
19 | Department determines that the prisoner was not eligible, then | ||||||
20 | the award shall be revoked. The Department may also award 180 | ||||||
21 | days of sentence credit to any committed person who earned a | ||||||
22 | bachelor's degree while he or she was held in pre-trial | ||||||
23 | detention prior to the current commitment to the Department of | ||||||
24 | Corrections. | ||||||
25 | Except as provided in paragraph (4.7) of this subsection | ||||||
26 | (a), the rules and regulations shall provide that an |
| |||||||
| |||||||
1 | additional 180 days of sentence credit shall be awarded to any | ||||||
2 | prisoner who obtains a master's or professional degree while | ||||||
3 | the prisoner is committed to the Department of Corrections. | ||||||
4 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
5 | be in addition to, and shall not affect, the award of sentence | ||||||
6 | credit under any other paragraph of this Section, but shall | ||||||
7 | also be under the guidelines and restrictions set forth in | ||||||
8 | paragraph (4) of this subsection (a). The sentence credit | ||||||
9 | provided for in this paragraph shall be available only to | ||||||
10 | those prisoners who have not previously earned a master's or | ||||||
11 | professional degree prior to the current commitment to the | ||||||
12 | Department of Corrections. If, after an award of the master's | ||||||
13 | or professional degree sentence credit has been made, the | ||||||
14 | Department determines that the prisoner was not eligible, then | ||||||
15 | the award shall be revoked. The Department may also award 180 | ||||||
16 | days of sentence credit to any committed person who earned a | ||||||
17 | master's or professional degree while he or she was held in | ||||||
18 | pre-trial detention prior to the current commitment to the | ||||||
19 | Department of Corrections. | ||||||
20 | (4.2) The rules and regulations shall also provide that | ||||||
21 | any prisoner engaged in self-improvement programs, volunteer | ||||||
22 | work, or work assignments that are not otherwise eligible | ||||||
23 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
24 | of sentence credit for each day in which the prisoner is | ||||||
25 | engaged in activities described in this paragraph. | ||||||
26 | (4.5) The rules and regulations on sentence credit shall |
| |||||||
| |||||||
1 | also provide that
when the court's sentencing order recommends | ||||||
2 | a prisoner for substance abuse treatment and the
crime was | ||||||
3 | committed on or after September 1, 2003 (the effective date of
| ||||||
4 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
5 | credit awarded under clause (3) of this subsection (a) unless | ||||||
6 | he or she participates in and
completes a substance abuse | ||||||
7 | treatment program. The Director of Corrections may waive the | ||||||
8 | requirement to participate in or complete a substance abuse | ||||||
9 | treatment program in specific instances if the prisoner is not | ||||||
10 | a good candidate for a substance abuse treatment program for | ||||||
11 | medical, programming, or operational reasons. Availability of
| ||||||
12 | substance abuse treatment shall be subject to the limits of | ||||||
13 | fiscal resources
appropriated by the General Assembly for | ||||||
14 | these purposes. If treatment is not
available and the | ||||||
15 | requirement to participate and complete the treatment has not | ||||||
16 | been waived by the Director, the prisoner shall be placed on a | ||||||
17 | waiting list under criteria
established by the Department. The | ||||||
18 | Director may allow a prisoner placed on
a waiting list to | ||||||
19 | participate in and complete a substance abuse education class | ||||||
20 | or attend substance
abuse self-help meetings in lieu of a | ||||||
21 | substance abuse treatment program. A prisoner on a waiting | ||||||
22 | list who is not placed in a substance abuse program prior to | ||||||
23 | release may be eligible for a waiver and receive sentence | ||||||
24 | credit under clause (3) of this subsection (a) at the | ||||||
25 | discretion of the Director.
| ||||||
26 | (4.6) The rules and regulations on sentence credit shall |
| |||||||
| |||||||
1 | also provide that a prisoner who has been convicted of a sex | ||||||
2 | offense as defined in Section 2 of the Sex Offender | ||||||
3 | Registration Act shall receive no sentence credit unless he or | ||||||
4 | she either has successfully completed or is participating in | ||||||
5 | sex offender treatment as defined by the Sex Offender | ||||||
6 | Management Board. However, prisoners who are waiting to | ||||||
7 | receive treatment, but who are unable to do so due solely to | ||||||
8 | the lack of resources on the part of the Department, may, at | ||||||
9 | either Director's sole discretion, be awarded sentence credit | ||||||
10 | at a rate as the Director shall determine. | ||||||
11 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
12 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
13 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
14 | who is serving a sentence for an offense described in | ||||||
15 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
16 | on or after January 1, 2018 (the effective date of Public Act | ||||||
17 | 100-3); provided, the award of the credits under this | ||||||
18 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
19 | to less than the following amounts: | ||||||
20 | (i) 85% of his or her sentence if the prisoner is | ||||||
21 | required to serve 85% of his or her sentence; or | ||||||
22 | (ii) 60% of his or her sentence if the prisoner is | ||||||
23 | required to serve 60% 75% of his or her sentence , except if | ||||||
24 | the prisoner is serving a sentence for gunrunning his or | ||||||
25 | her sentence shall not be reduced to less than 75% . | ||||||
26 | (iii) 100% of his or her sentence if the prisoner is |
| |||||||
| |||||||
1 | required to serve 100% of his or her sentence ; or . | ||||||
2 | (iv) 70% of his or her sentence if the prisoner is | ||||||
3 | required to serve 70% of his or her sentence. | ||||||
4 | (5) Whenever the Department is to release any inmate | ||||||
5 | earlier than it
otherwise would because of a grant of earned | ||||||
6 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
7 | Section given at any time during the term, the Department | ||||||
8 | shall give
reasonable notice of the impending release not less | ||||||
9 | than 14 days prior to the date of the release to the State's
| ||||||
10 | Attorney of the county where the prosecution of the inmate | ||||||
11 | took place, and if applicable, the State's Attorney of the | ||||||
12 | county into which the inmate will be released. The Department | ||||||
13 | must also make identification information and a recent photo | ||||||
14 | of the inmate being released accessible on the Internet by | ||||||
15 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
16 | Early Release" on the Department's World Wide Web homepage.
| ||||||
17 | The identification information shall include the inmate's: | ||||||
18 | name, any known alias, date of birth, physical | ||||||
19 | characteristics, commitment offense, and county where | ||||||
20 | conviction was imposed. The identification information shall | ||||||
21 | be placed on the website within 3 days of the inmate's release | ||||||
22 | and the information may not be removed until either: | ||||||
23 | completion of the first year of mandatory supervised release | ||||||
24 | or return of the inmate to custody of the Department.
| ||||||
25 | (b) Whenever a person is or has been committed under
| ||||||
26 | several convictions, with separate sentences, the sentences
|
| |||||||
| |||||||
1 | shall be construed under Section 5-8-4 in granting and
| ||||||
2 | forfeiting of sentence credit.
| ||||||
3 | (c) (1) The Department shall prescribe rules and | ||||||
4 | regulations
for revoking sentence credit, including revoking | ||||||
5 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
6 | of this Section. The Department shall prescribe rules and | ||||||
7 | regulations establishing and requiring the use of a sanctions | ||||||
8 | matrix for revoking sentence credit. The Department shall | ||||||
9 | prescribe rules and regulations for suspending or reducing
the | ||||||
10 | rate of accumulation of sentence credit for specific
rule | ||||||
11 | violations, during imprisonment. These rules and regulations
| ||||||
12 | shall provide that no inmate may be penalized more than one
| ||||||
13 | year of sentence credit for any one infraction.
| ||||||
14 | (2) When the Department seeks to revoke, suspend, or | ||||||
15 | reduce
the rate of accumulation of any sentence credits for
an | ||||||
16 | alleged infraction of its rules, it shall bring charges
| ||||||
17 | therefor against the prisoner sought to be so deprived of
| ||||||
18 | sentence credits before the Prisoner Review Board as
provided | ||||||
19 | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
20 | amount of credit at issue exceeds 30 days, whether from one | ||||||
21 | infraction or cumulatively from multiple infractions arising | ||||||
22 | out of a single event, or
when, during any 12-month period, the | ||||||
23 | cumulative amount of
credit revoked exceeds 30 days except | ||||||
24 | where the infraction is committed
or discovered within 60 days | ||||||
25 | of scheduled release. In those cases,
the Department of | ||||||
26 | Corrections may revoke up to 30 days of sentence credit.
The |
| |||||||
| |||||||
1 | Board may subsequently approve the revocation of additional | ||||||
2 | sentence credit, if the Department seeks to revoke sentence | ||||||
3 | credit in
excess of 30 days. However, the Board shall not be | ||||||
4 | empowered to review the
Department's decision with respect to | ||||||
5 | the loss of 30 days of sentence
credit within any calendar year | ||||||
6 | for any prisoner or to increase any penalty
beyond the length | ||||||
7 | requested by the Department.
| ||||||
8 | (3) The Director of Corrections or the Director of | ||||||
9 | Juvenile Justice, in appropriate cases, may
restore sentence | ||||||
10 | credits which have been revoked, suspended,
or reduced. The | ||||||
11 | Department shall prescribe rules and regulations governing the | ||||||
12 | restoration of sentence credits. These rules and regulations | ||||||
13 | shall provide for the automatic restoration of sentence | ||||||
14 | credits following a period in which the prisoner maintains a | ||||||
15 | record without a disciplinary violation.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of sentence credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of | ||||||
23 | Corrections, or the Prisoner Review Board,
or against any of
| ||||||
24 | their officers or employees, and the court makes a specific | ||||||
25 | finding that a
pleading, motion, or other paper filed by the | ||||||
26 | prisoner is frivolous, the
Department of Corrections shall |
| |||||||
| |||||||
1 | conduct a hearing to revoke up to
180 days of sentence credit | ||||||
2 | by bringing charges against the prisoner
sought to be deprived | ||||||
3 | of the sentence credits before the Prisoner Review
Board as | ||||||
4 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
5 | If the prisoner has not accumulated 180 days of sentence | ||||||
6 | credit at the
time of the finding, then the Prisoner Review | ||||||
7 | Board may revoke all
sentence credit accumulated by the | ||||||
8 | prisoner.
| ||||||
9 | For purposes of this subsection (d):
| ||||||
10 | (1) "Frivolous" means that a pleading, motion, or | ||||||
11 | other filing which
purports to be a legal document filed | ||||||
12 | by a prisoner in his or her lawsuit meets
any or all of the | ||||||
13 | following criteria:
| ||||||
14 | (A) it lacks an arguable basis either in law or in | ||||||
15 | fact;
| ||||||
16 | (B) it is being presented for any improper | ||||||
17 | purpose, such as to harass or
to cause unnecessary | ||||||
18 | delay or needless increase in the cost of litigation;
| ||||||
19 | (C) the claims, defenses, and other legal | ||||||
20 | contentions therein are not
warranted by existing law | ||||||
21 | or by a nonfrivolous argument for the extension,
| ||||||
22 | modification, or reversal of existing law or the | ||||||
23 | establishment of new law;
| ||||||
24 | (D) the allegations and other factual contentions | ||||||
25 | do not have
evidentiary
support or, if specifically so | ||||||
26 | identified, are not likely to have evidentiary
support |
| |||||||
| |||||||
1 | after a reasonable opportunity for further | ||||||
2 | investigation or discovery;
or
| ||||||
3 | (E) the denials of factual contentions are not | ||||||
4 | warranted on the
evidence, or if specifically so | ||||||
5 | identified, are not reasonably based on a lack
of | ||||||
6 | information or belief.
| ||||||
7 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
8 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
9 | action under
Article X of the Code of Civil Procedure or | ||||||
10 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
11 | under the Court of Claims Act, an action under the
federal | ||||||
12 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
13 | subsequent petition for post-conviction relief under | ||||||
14 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
15 | whether filed with or without leave of court or a second or | ||||||
16 | subsequent petition for relief from judgment under Section | ||||||
17 | 2-1401 of the Code of Civil Procedure.
| ||||||
18 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
19 | validity of Public Act 89-404.
| ||||||
20 | (f) Whenever the Department is to release any inmate who | ||||||
21 | has been convicted of a violation of an order of protection | ||||||
22 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
24 | because of a grant of sentence credit, the Department, as a | ||||||
25 | condition of release, shall require that the person, upon | ||||||
26 | release, be placed under electronic surveillance as provided |
| |||||||
| |||||||
1 | in Section 5-8A-7 of this Code. | ||||||
2 | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
3 | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | ||||||
4 | 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
|