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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:
| ||||||||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing Section 3-6-3 as follows:
| ||||||||||||||||||||||||
6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||||||||||||||||||||
7 | Sec. 3-6-3. Rules and Regulations for Early Release.
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8 | (a) (1) The Department of Corrections shall prescribe | ||||||||||||||||||||||||
9 | rules
and regulations for the early release on account of | ||||||||||||||||||||||||
10 | good
conduct of persons committed to the Department which | ||||||||||||||||||||||||
11 | shall
be subject to review by the Prisoner Review Board.
| ||||||||||||||||||||||||
12 | (2) The rules and regulations on early release shall | ||||||||||||||||||||||||
13 | provide, with
respect to offenses listed in clause (i) (A) | ||||||||||||||||||||||||
14 | or (i)(B) , (ii), or (iii) of this paragraph (2) committed | ||||||||||||||||||||||||
15 | on or after June 19, 1998 or with respect to the offense | ||||||||||||||||||||||||
16 | listed in clause (iv) of this paragraph (2) committed on or | ||||||||||||||||||||||||
17 | after June 23, 2005 (the effective date of Public Act | ||||||||||||||||||||||||
18 | 94-71) or with
respect to offense listed in clause (vi)
| ||||||||||||||||||||||||
19 | committed on or after June 1, 2008 (the effective date of | ||||||||||||||||||||||||
20 | Public Act 95-625)
or with respect to the offense of being | ||||||||||||||||||||||||
21 | an armed habitual criminal committed on or after August 2, | ||||||||||||||||||||||||
22 | 2005 (the effective date of Public Act 94-398) or with | ||||||||||||||||||||||||
23 | respect to the offenses listed in clause (v) of this |
| |||||||
| |||||||
1 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
2 | effective date of Public Act 95-134) or with respect to the | ||||||
3 | offenses listed in clauses (i)(C) and (i)(D) of this | ||||||
4 | paragraph (2) committed on or after the effective date of | ||||||
5 | this amendatory Act of the 96th General Assembly , the | ||||||
6 | following:
| ||||||
7 | (i) that a prisoner who is serving a term of | ||||||
8 | imprisonment for : (A) first
degree murder , (B) or for | ||||||
9 | the offense of terrorism , (C) the offense of domestic | ||||||
10 | battery, or (D) the offense of aggravated domestic | ||||||
11 | battery shall receive no good conduct
credit and shall | ||||||
12 | serve the entire
sentence imposed by the court;
| ||||||
13 | (ii) that a prisoner serving a sentence for attempt | ||||||
14 | to commit first
degree murder, solicitation of murder, | ||||||
15 | solicitation of murder for hire,
intentional homicide | ||||||
16 | of an unborn child, predatory criminal sexual assault | ||||||
17 | of a
child, aggravated criminal sexual assault, | ||||||
18 | criminal sexual assault, aggravated
kidnapping, | ||||||
19 | aggravated battery with a firearm, heinous battery, | ||||||
20 | being an armed habitual criminal, aggravated
battery | ||||||
21 | of a senior citizen, or aggravated battery of a child | ||||||
22 | shall receive no
more than 4.5 days of good conduct | ||||||
23 | credit for each month of his or her sentence
of | ||||||
24 | imprisonment;
| ||||||
25 | (iii) that a prisoner serving a sentence
for home | ||||||
26 | invasion, armed robbery, aggravated vehicular |
| |||||||
| |||||||
1 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
2 | violence with a category I weapon
or category II | ||||||
3 | weapon, when the court
has made and entered a finding, | ||||||
4 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
5 | Code, that the conduct leading to conviction for the | ||||||
6 | enumerated offense
resulted in great bodily harm to a | ||||||
7 | victim, shall receive no more than 4.5 days
of good | ||||||
8 | conduct credit for each month of his or her sentence of | ||||||
9 | imprisonment;
| ||||||
10 | (iv) that a prisoner serving a sentence for | ||||||
11 | aggravated discharge of a firearm, whether or not the | ||||||
12 | conduct leading to conviction for the offense resulted | ||||||
13 | in great bodily harm to the victim, shall receive no | ||||||
14 | more than 4.5 days of good conduct credit for each | ||||||
15 | month of his or her sentence of imprisonment;
| ||||||
16 | (v) that a person serving a sentence for | ||||||
17 | gunrunning, narcotics racketeering, controlled | ||||||
18 | substance trafficking, methamphetamine trafficking, | ||||||
19 | drug-induced homicide, aggravated | ||||||
20 | methamphetamine-related child endangerment, money | ||||||
21 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
22 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
23 | conviction for delivery of a controlled substance, | ||||||
24 | possession of a controlled substance with intent to | ||||||
25 | manufacture or deliver, calculated criminal drug | ||||||
26 | conspiracy, criminal drug conspiracy, street gang |
| |||||||
| |||||||
1 | criminal drug conspiracy, participation in | ||||||
2 | methamphetamine manufacturing, aggravated | ||||||
3 | participation in methamphetamine manufacturing, | ||||||
4 | delivery of methamphetamine, possession with intent to | ||||||
5 | deliver methamphetamine, aggravated delivery of | ||||||
6 | methamphetamine, aggravated possession with intent to | ||||||
7 | deliver methamphetamine, methamphetamine conspiracy | ||||||
8 | when the substance containing the controlled substance | ||||||
9 | or methamphetamine is 100 grams or more shall receive | ||||||
10 | no more than 7.5 days good conduct credit for each | ||||||
11 | month of his or her sentence of imprisonment; and
| ||||||
12 | (vi)
that a prisoner serving a sentence for a | ||||||
13 | second or subsequent offense of luring a minor shall | ||||||
14 | receive no more than 4.5 days of good conduct credit | ||||||
15 | for each month of his or her sentence of imprisonment.
| ||||||
16 | (2.1) For all offenses, other than those enumerated in | ||||||
17 | subdivision (a)(2)(i) (A) or (a)(2)(i)(B) , (ii), or (iii)
| ||||||
18 | committed on or after June 19, 1998 or subdivision | ||||||
19 | (a)(2)(iv) committed on or after June 23, 2005 (the | ||||||
20 | effective date of Public Act 94-71) or subdivision | ||||||
21 | (a)(2)(v) committed on or after August 13, 2007 (the | ||||||
22 | effective date of Public Act 95-134)
or subdivision | ||||||
23 | (a)(2)(vi) committed on or after June 1, 2008 (the | ||||||
24 | effective date of Public Act 95-625), and other than the | ||||||
25 | offense of reckless
homicide as defined in subsection (e) | ||||||
26 | of Section 9-3 of the Criminal Code of
1961 committed on or |
| |||||||
| |||||||
1 | after January 1, 1999,
or subdivision (a)(2)(i)(C) or | ||||||
2 | (a)(2)(i)(D) committed on or after the effective date of | ||||||
3 | this amendatory Act of the 96th General Assembly, or | ||||||
4 | aggravated driving under the influence of alcohol, other | ||||||
5 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
6 | any combination thereof as defined in
subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
8 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
9 | provide that a prisoner who is serving a term of
| ||||||
10 | imprisonment shall receive one day of good conduct credit | ||||||
11 | for each day of
his or her sentence of imprisonment or | ||||||
12 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
13 | credit shall reduce by one day the prisoner's period
of | ||||||
14 | imprisonment or recommitment under Section 3-3-9.
| ||||||
15 | (2.2) A prisoner serving a term of natural life | ||||||
16 | imprisonment or a
prisoner who has been sentenced to death | ||||||
17 | shall receive no good conduct
credit.
| ||||||
18 | (2.3) The rules and regulations on early release shall | ||||||
19 | provide that
a prisoner who is serving a sentence for | ||||||
20 | reckless homicide as defined in
subsection (e) of Section | ||||||
21 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
22 | January 1, 1999, or aggravated driving under the influence | ||||||
23 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
24 | or compounds, or any combination
thereof as defined in | ||||||
25 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
26 | Section 11-501 of the Illinois Vehicle Code, shall receive |
| |||||||
| |||||||
1 | no more than 4.5
days of good conduct credit for each month | ||||||
2 | of his or her sentence of
imprisonment.
| ||||||
3 | (2.4) The rules and regulations on early release shall | ||||||
4 | provide with
respect to the offenses of aggravated battery | ||||||
5 | with a machine gun or a firearm
equipped with any device or | ||||||
6 | attachment designed or used for silencing the
report of a | ||||||
7 | firearm or aggravated discharge of a machine gun or a | ||||||
8 | firearm
equipped with any device or attachment designed or | ||||||
9 | used for silencing the
report of a firearm, committed on or | ||||||
10 | after
July 15, 1999 (the effective date of Public Act | ||||||
11 | 91-121),
that a prisoner serving a sentence for any of | ||||||
12 | these offenses shall receive no
more than 4.5 days of good | ||||||
13 | conduct credit for each month of his or her sentence
of | ||||||
14 | imprisonment.
| ||||||
15 | (2.5) The rules and regulations on early release shall | ||||||
16 | provide that a
prisoner who is serving a sentence for | ||||||
17 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
18 | effective date of Public Act 92-176) shall receive no more | ||||||
19 | than
4.5 days of good conduct credit for each month of his | ||||||
20 | or her sentence of
imprisonment.
| ||||||
21 | (3) The rules and regulations shall also provide that
| ||||||
22 | the Director may award up to 180 days additional good | ||||||
23 | conduct
credit for meritorious service in specific | ||||||
24 | instances as the
Director deems proper; except that no more | ||||||
25 | than 90 days
of good conduct credit for meritorious service
| ||||||
26 | shall be awarded to any prisoner who is serving a sentence |
| |||||||
| |||||||
1 | for
conviction of first degree murder, reckless homicide | ||||||
2 | while under the
influence of alcohol or any other drug,
or | ||||||
3 | aggravated driving under the influence of alcohol, other | ||||||
4 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
5 | any combination thereof as defined in
subparagraph (F) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
7 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
8 | predatory criminal sexual assault of a child,
aggravated | ||||||
9 | criminal sexual assault, criminal sexual assault, deviate | ||||||
10 | sexual
assault, aggravated criminal sexual abuse, | ||||||
11 | aggravated indecent liberties
with a child, indecent | ||||||
12 | liberties with a child, child pornography, heinous
| ||||||
13 | battery, aggravated battery of a spouse, aggravated | ||||||
14 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
15 | stalking, aggravated battery of a child,
endangering the | ||||||
16 | life or health of a child, or cruelty to a child. | ||||||
17 | Notwithstanding the foregoing, good conduct credit for
| ||||||
18 | meritorious service shall not be awarded on a
sentence of | ||||||
19 | imprisonment imposed for conviction of: (i) one of the | ||||||
20 | offenses
enumerated in subdivision (a)(2)(i) (A) or | ||||||
21 | (a)(2)(i)(B) , (ii), or (iii) when the offense is committed | ||||||
22 | on or after
June 19, 1998 or subdivision (a)(2)(iv) when | ||||||
23 | the offense is committed on or after June 23, 2005 (the | ||||||
24 | effective date of Public Act 94-71) or subdivision | ||||||
25 | (a)(2)(v) when the offense is committed on or after August | ||||||
26 | 13, 2007 (the effective date of Public Act 95-134)
or |
| |||||||
| |||||||
1 | subdivision (a)(2)(vi) when the offense is committed on or | ||||||
2 | after June 1, 2008 (the effective date of Public Act | ||||||
3 | 95-625), (ii) reckless homicide as
defined in subsection | ||||||
4 | (e) of Section 9-3 of the Criminal Code of 1961 when
the | ||||||
5 | offense is committed on or after January 1, 1999, or one of | ||||||
6 | the offenses enumerated in subdivision (a)(2)(i)(C) or | ||||||
7 | (a)(2)(i)(D) when the offense is committed on or after the | ||||||
8 | effective date of this amendatory Act of the 96th General | ||||||
9 | Assembly,
or aggravated driving under the influence of | ||||||
10 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
11 | compounds, or any combination thereof as defined in
| ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
13 | Section 11-501 of the
Illinois Vehicle Code, (iii) one of | ||||||
14 | the offenses enumerated in subdivision
(a)(2.4) when the | ||||||
15 | offense is committed on or after
July 15, 1999 (the | ||||||
16 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
17 | arson when the offense is committed
on or after July 27, | ||||||
18 | 2001 (the effective date of Public Act 92-176).
| ||||||
19 | (4) The rules and regulations shall also provide that | ||||||
20 | the good conduct
credit accumulated and retained under | ||||||
21 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
22 | inmate during specific periods of time in which such
inmate | ||||||
23 | is engaged full-time in substance abuse programs, | ||||||
24 | correctional
industry assignments, or educational programs | ||||||
25 | provided by the Department
under this paragraph (4) and | ||||||
26 | satisfactorily completes the assigned program as
|
| |||||||
| |||||||
1 | determined by the standards of the Department, shall be | ||||||
2 | multiplied by a factor
of 1.25 for program participation | ||||||
3 | before August 11, 1993
and 1.50 for program participation | ||||||
4 | on or after that date.
However, no inmate shall be eligible | ||||||
5 | for the additional good conduct credit
under this paragraph | ||||||
6 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
7 | boot camp
or electronic detention, or if convicted of an | ||||||
8 | offense enumerated in
subdivision (a)(2)(i) (A) or | ||||||
9 | (a)(2)(i)(B) , (ii), or (iii) of this Section that is | ||||||
10 | committed on or after June 19,
1998 or subdivision | ||||||
11 | (a)(2)(iv) of this Section that is committed on or after | ||||||
12 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
13 | subdivision (a)(2)(v) of this Section that is committed on | ||||||
14 | or after August 13, 2007 (the effective date of Public Act | ||||||
15 | 95-134)
or subdivision (a)(2)(vi) when the offense is | ||||||
16 | committed on or after June 1, 2008 (the effective date of | ||||||
17 | Public Act 95-625), or if convicted of reckless homicide as | ||||||
18 | defined in subsection (e) of
Section 9-3 of the Criminal | ||||||
19 | Code of 1961 if the offense is committed on or
after | ||||||
20 | January 1, 1999,
or subdivision (a)(2)(i)(C) or | ||||||
21 | (a)(2)(i)(D) that is committed on or after the effective | ||||||
22 | date of this amendatory Act of the 96th General Assembly, | ||||||
23 | or aggravated driving under the influence of alcohol, other | ||||||
24 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
25 | any combination thereof as defined in
subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of the
|
| |||||||
| |||||||
1 | Illinois Vehicle Code, or if convicted of an offense | ||||||
2 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
3 | committed on or after
July 15, 1999 (the effective date of | ||||||
4 | Public Act 91-121),
or first degree murder, a Class X | ||||||
5 | felony, criminal sexual
assault, felony criminal sexual | ||||||
6 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
7 | battery with a firearm, or any predecessor or successor | ||||||
8 | offenses
with the same or substantially the same elements, | ||||||
9 | or any inchoate offenses
relating to the foregoing | ||||||
10 | offenses. No inmate shall be eligible for the
additional | ||||||
11 | good conduct credit under this paragraph (4) who (i) has | ||||||
12 | previously
received increased good conduct credit under | ||||||
13 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
14 | felony, or (ii) has previously served more than one prior | ||||||
15 | sentence of
imprisonment for a felony in an adult | ||||||
16 | correctional facility.
| ||||||
17 | Educational, vocational, substance abuse and | ||||||
18 | correctional
industry programs under which good conduct | ||||||
19 | credit may be increased under
this paragraph (4) and | ||||||
20 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
21 | by the Department on the basis of
documented standards. The | ||||||
22 | Department shall report the results of these
evaluations to | ||||||
23 | the Governor and the General Assembly by September 30th of | ||||||
24 | each
year. The reports shall include data relating to the | ||||||
25 | recidivism rate among
program participants.
| ||||||
26 | Availability of these programs shall be subject to the
|
| |||||||
| |||||||
1 | limits of fiscal resources appropriated by the General | ||||||
2 | Assembly for these
purposes. Eligible inmates who are | ||||||
3 | denied immediate admission shall be
placed on a waiting | ||||||
4 | list under criteria established by the Department.
The | ||||||
5 | inability of any inmate to become engaged in any such | ||||||
6 | programs
by reason of insufficient program resources or for | ||||||
7 | any other reason
established under the rules and | ||||||
8 | regulations of the Department shall not be
deemed a cause | ||||||
9 | of action under which the Department or any employee or
| ||||||
10 | agent of the Department shall be liable for damages to the | ||||||
11 | inmate.
| ||||||
12 | (4.1) The rules and regulations shall also provide that | ||||||
13 | an additional 60 days of good conduct credit shall be | ||||||
14 | awarded to any prisoner who passes the high school level | ||||||
15 | Test of General Educational Development (GED) while the | ||||||
16 | prisoner is incarcerated. The good conduct credit awarded | ||||||
17 | under this paragraph (4.1) shall be in addition to, and | ||||||
18 | shall not affect, the award of good conduct under any other | ||||||
19 | paragraph of this Section, but shall also be pursuant to | ||||||
20 | the guidelines and restrictions set forth in paragraph (4) | ||||||
21 | of subsection (a) of this Section.
The good conduct credit | ||||||
22 | provided for in this paragraph shall be available only to | ||||||
23 | those prisoners who have not previously earned a high | ||||||
24 | school diploma or a GED. If, after an award of the GED good | ||||||
25 | conduct credit has been made and the Department determines | ||||||
26 | that the prisoner was not eligible, then the award shall be |
| |||||||
| |||||||
1 | revoked.
| ||||||
2 | (4.5) The rules and regulations on early release shall | ||||||
3 | also provide that
when the court's sentencing order | ||||||
4 | recommends a prisoner for substance abuse treatment and the
| ||||||
5 | crime was committed on or after September 1, 2003 (the | ||||||
6 | effective date of
Public Act 93-354), the prisoner shall | ||||||
7 | receive no good conduct credit awarded under clause (3) of | ||||||
8 | this subsection (a) unless he or she participates in and
| ||||||
9 | completes a substance abuse treatment program. The | ||||||
10 | Director may waive the requirement to participate in or | ||||||
11 | complete a substance abuse treatment program and award the | ||||||
12 | good conduct credit in specific instances if the prisoner | ||||||
13 | is not a good candidate for a substance abuse treatment | ||||||
14 | program for medical, programming, or operational reasons. | ||||||
15 | Availability of
substance abuse treatment shall be subject | ||||||
16 | to the limits of fiscal resources
appropriated by the | ||||||
17 | General Assembly for these purposes. If treatment is not
| ||||||
18 | available and the requirement to participate and complete | ||||||
19 | the treatment has not been waived by the Director, the | ||||||
20 | prisoner shall be placed on a waiting list under criteria
| ||||||
21 | established by the Department. The Director may allow a | ||||||
22 | prisoner placed on
a waiting list to participate in and | ||||||
23 | complete a substance abuse education class or attend | ||||||
24 | substance
abuse self-help meetings in lieu of a substance | ||||||
25 | abuse treatment program. A prisoner on a waiting list who | ||||||
26 | is not placed in a substance abuse program prior to release |
| |||||||
| |||||||
1 | may be eligible for a waiver and receive good conduct | ||||||
2 | credit under clause (3) of this subsection (a) at the | ||||||
3 | discretion of the Director.
| ||||||
4 | (4.6) The rules and regulations on early release shall | ||||||
5 | also provide that a prisoner who has been convicted of a | ||||||
6 | sex offense as defined in Section 2 of the Sex Offender | ||||||
7 | Registration Act shall receive no good conduct credit | ||||||
8 | unless he or she either has successfully completed or is | ||||||
9 | participating in sex offender treatment as defined by the | ||||||
10 | Sex Offender Management Board. However, prisoners who are | ||||||
11 | waiting to receive such treatment, but who are unable to do | ||||||
12 | so due solely to the lack of resources on the part of the | ||||||
13 | Department, may, at the Director's sole discretion, be | ||||||
14 | awarded good conduct credit at such rate as the Director | ||||||
15 | shall determine.
| ||||||
16 | (5) Whenever the Department is to release any inmate | ||||||
17 | earlier than it
otherwise would because of a grant of good | ||||||
18 | conduct credit for meritorious
service given at any time | ||||||
19 | during the term, the Department shall give
reasonable | ||||||
20 | advance notice of the impending release to the State's
| ||||||
21 | Attorney of the county where the prosecution of the inmate | ||||||
22 | took place.
| ||||||
23 | (b) Whenever a person is or has been committed under
| ||||||
24 | several convictions, with separate sentences, the sentences
| ||||||
25 | shall be construed under Section 5-8-4 in granting and
| ||||||
26 | forfeiting of good time.
|
| |||||||
| |||||||
1 | (c) The Department shall prescribe rules and regulations
| ||||||
2 | for revoking good conduct credit, or suspending or reducing
the | ||||||
3 | rate of accumulation of good conduct credit for specific
rule | ||||||
4 | violations, during imprisonment. These rules and regulations
| ||||||
5 | shall provide that no inmate may be penalized more than one
| ||||||
6 | year of good conduct credit for any one infraction.
| ||||||
7 | When the Department seeks to revoke, suspend or reduce
the | ||||||
8 | rate of accumulation of any good conduct credits for
an alleged | ||||||
9 | infraction of its rules, it shall bring charges
therefor | ||||||
10 | against the prisoner sought to be so deprived of
good conduct | ||||||
11 | credits before the Prisoner Review Board as
provided in | ||||||
12 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
13 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
14 | month period, the cumulative amount of
credit revoked exceeds | ||||||
15 | 30 days except where the infraction is committed
or discovered | ||||||
16 | within 60 days of scheduled release. In those cases,
the | ||||||
17 | Department of Corrections may revoke up to 30 days of good | ||||||
18 | conduct credit.
The Board may subsequently approve the | ||||||
19 | revocation of additional good
conduct credit, if the Department | ||||||
20 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
21 | However, the Board shall not be empowered to review the
| ||||||
22 | Department's decision with respect to the loss of 30 days of | ||||||
23 | good conduct
credit within any calendar year for any prisoner | ||||||
24 | or to increase any penalty
beyond the length requested by the | ||||||
25 | Department.
| ||||||
26 | The Director of the Department of Corrections, in |
| |||||||
| |||||||
1 | appropriate cases, may
restore up to 30 days good conduct | ||||||
2 | credits which have been revoked, suspended
or reduced. Any | ||||||
3 | restoration of good conduct credits in excess of 30 days shall
| ||||||
4 | be subject to review by the Prisoner Review Board. However, the | ||||||
5 | Board may not
restore good conduct credit in excess of the | ||||||
6 | amount requested by the Director.
| ||||||
7 | Nothing contained in this Section shall prohibit the | ||||||
8 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
9 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
10 | sentence imposed by the court that was not served due to the
| ||||||
11 | accumulation of good conduct credit.
| ||||||
12 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
13 | federal court
against the State, the Department of Corrections, | ||||||
14 | or the Prisoner Review Board,
or against any of
their officers | ||||||
15 | or employees, and the court makes a specific finding that a
| ||||||
16 | pleading, motion, or other paper filed by the prisoner is | ||||||
17 | frivolous, the
Department of Corrections shall conduct a | ||||||
18 | hearing to revoke up to
180 days of good conduct credit by | ||||||
19 | bringing charges against the prisoner
sought to be deprived of | ||||||
20 | the good conduct credits before the Prisoner Review
Board as | ||||||
21 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
22 | If the prisoner has not accumulated 180 days of good conduct | ||||||
23 | credit at the
time of the finding, then the Prisoner Review | ||||||
24 | Board may revoke all
good conduct credit accumulated by the | ||||||
25 | prisoner.
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26 | For purposes of this subsection (d):
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1 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
2 | filing which
purports to be a legal document filed by a | ||||||
3 | prisoner in his or her lawsuit meets
any or all of the | ||||||
4 | following criteria:
| ||||||
5 | (A) it lacks an arguable basis either in law or in | ||||||
6 | fact;
| ||||||
7 | (B) it is being presented for any improper purpose, | ||||||
8 | such as to harass or
to cause unnecessary delay or | ||||||
9 | needless increase in the cost of litigation;
| ||||||
10 | (C) the claims, defenses, and other legal | ||||||
11 | contentions therein are not
warranted by existing law | ||||||
12 | or by a nonfrivolous argument for the extension,
| ||||||
13 | modification, or reversal of existing law or the | ||||||
14 | establishment of new law;
| ||||||
15 | (D) the allegations and other factual contentions | ||||||
16 | do not have
evidentiary
support or, if specifically so | ||||||
17 | identified, are not likely to have evidentiary
support | ||||||
18 | after a reasonable opportunity for further | ||||||
19 | investigation or discovery;
or
| ||||||
20 | (E) the denials of factual contentions are not | ||||||
21 | warranted on the
evidence, or if specifically so | ||||||
22 | identified, are not reasonably based on a lack
of | ||||||
23 | information or belief.
| ||||||
24 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
25 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
26 | action under
Article X of the Code of Civil Procedure or |
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| |||||||
1 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
2 | under the Court of Claims Act, an action under the
federal | ||||||
3 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
4 | subsequent petition for post-conviction relief under | ||||||
5 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
6 | whether filed with or without leave of court or a second or | ||||||
7 | subsequent petition for relief from judgment under Section | ||||||
8 | 2-1401 of the Code of Civil Procedure.
| ||||||
9 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
10 | validity of Public Act 89-404.
| ||||||
11 | (f) Whenever the Department is to release any inmate who | ||||||
12 | has been convicted of a violation of an order of protection | ||||||
13 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
14 | it
otherwise would because of a grant of good conduct credit, | ||||||
15 | the Department, as a condition of such early release, shall | ||||||
16 | require that the person, upon release, be placed under | ||||||
17 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
18 | Code. | ||||||
19 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
20 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
21 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
22 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
23 | eff. 8-21-08.)
|