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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 Sections 3-3-7 and 3-6-3 as follows: | |||||||||||||||||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | |||||||||||||||||||||
7 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | |||||||||||||||||||||
8 | Release.
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9 | (a) The conditions of parole or mandatory
supervised | |||||||||||||||||||||
10 | release shall be such as the Prisoner Review
Board deems | |||||||||||||||||||||
11 | necessary to assist the subject in leading a
law-abiding life. | |||||||||||||||||||||
12 | The conditions of every parole and mandatory
supervised release | |||||||||||||||||||||
13 | are that the subject:
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14 | (1) not violate any criminal statute of any | |||||||||||||||||||||
15 | jurisdiction
during the parole or release term;
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16 | (2) refrain from possessing a firearm or other | |||||||||||||||||||||
17 | dangerous
weapon;
| |||||||||||||||||||||
18 | (3) report to an agent of the Department of | |||||||||||||||||||||
19 | Corrections;
| |||||||||||||||||||||
20 | (4) permit the agent to visit him or her at his or her | |||||||||||||||||||||
21 | home, employment,
or
elsewhere to the
extent necessary for | |||||||||||||||||||||
22 | the agent to discharge his or her duties;
| |||||||||||||||||||||
23 | (5) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction or
residence
of persons on
parole or mandatory | ||||||
2 | supervised release;
| ||||||
3 | (6) secure permission before visiting or writing a | ||||||
4 | committed person in an
Illinois Department
of Corrections | ||||||
5 | facility;
| ||||||
6 | (7) report all arrests to an agent of the Department of | ||||||
7 | Corrections as
soon as
permitted by the
arresting authority | ||||||
8 | but in no event later than 24 hours after release from
| ||||||
9 | custody;
| ||||||
10 | (7.5) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Management Board Act, the individual shall | ||||||
12 | undergo and successfully complete
sex offender treatment | ||||||
13 | conducted in conformance with the standards developed by
| ||||||
14 | the Sex
Offender Management Board Act by a treatment | ||||||
15 | provider approved by the Board;
| ||||||
16 | (7.6) if convicted of a sex offense as defined in the | ||||||
17 | Sex Offender
Management Board Act, refrain from residing at | ||||||
18 | the same address or in the same condominium unit or | ||||||
19 | apartment unit or in the same condominium complex or | ||||||
20 | apartment complex with another person he or she knows or | ||||||
21 | reasonably should know is a convicted sex offender or has | ||||||
22 | been placed on supervision for a sex offense; the | ||||||
23 | provisions of this paragraph do not apply to a person | ||||||
24 | convicted of a sex offense who is placed in a Department of | ||||||
25 | Corrections licensed transitional housing facility for sex | ||||||
26 | offenders, or is in any facility operated or licensed by |
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| |||||||
1 | the Department of Children and Family Services or by the | ||||||
2 | Department of Human Services, or is in any licensed medical | ||||||
3 | facility;
| ||||||
4 | (7.7) if convicted for an offense that would qualify | ||||||
5 | the accused as a sexual predator under the Sex Offender | ||||||
6 | Registration Act on or after the effective date of this | ||||||
7 | amendatory Act of the 94th General Assembly, wear an | ||||||
8 | approved electronic monitoring device as defined in | ||||||
9 | Section 5-8A-2 for the duration of the person's parole, | ||||||
10 | mandatory supervised release term, or extended mandatory | ||||||
11 | supervised release term and if convicted for an offense of | ||||||
12 | criminal sexual assault, aggravated criminal sexual | ||||||
13 | assault, predatory criminal sexual assault of a child, | ||||||
14 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
15 | or ritualized abuse of a child committed on or after August | ||||||
16 | 11, 2009 ( the effective date of Public Act 96-236) this | ||||||
17 | amendatory Act of the 96th General Assembly when the victim | ||||||
18 | was under 18 years of age at the time of the commission of | ||||||
19 | the offense and the defendant used force or the threat of | ||||||
20 | force in the commission of the offense wear an approved | ||||||
21 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
22 | that has Global Positioning System (GPS) capability for the | ||||||
23 | duration of the person's parole, mandatory supervised | ||||||
24 | release term, or extended mandatory supervised release | ||||||
25 | term;
| ||||||
26 | (7.8) if convicted for an offense committed on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is not | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
10 | is not related to the accused if the person is not: (i) the | ||||||
11 | spouse, brother, or sister of the accused; (ii) a | ||||||
12 | descendant of the accused; (iii) a first or second cousin | ||||||
13 | of the accused; or (iv) a step-child or adopted child of | ||||||
14 | the accused;
| ||||||
15 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
16 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
17 | search of computers, PDAs, cellular phones, and other | ||||||
18 | devices under his or her control that are capable of | ||||||
19 | accessing the Internet or storing electronic files, in | ||||||
20 | order to confirm Internet protocol addresses reported in | ||||||
21 | accordance with the Sex Offender Registration Act and | ||||||
22 | compliance with conditions in this Act;
| ||||||
23 | (7.10)
if convicted for an offense that would qualify | ||||||
24 | the accused as a sex offender or sexual predator under the | ||||||
25 | Sex Offender Registration Act on or after the effective | ||||||
26 | date of this amendatory Act of the 95th General Assembly, |
| |||||||
| |||||||
1 | not possess prescription drugs for erectile dysfunction;
| ||||||
2 | (7.11) if convicted for an offense under Section 11-6, | ||||||
3 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
4 | Code of 1961, or any attempt to commit any of these | ||||||
5 | offenses, committed on or after June 1, 2009 (the effective | ||||||
6 | date of Public Act 95-983): | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's supervising | ||||||
13 | agent, a law enforcement officer, or assigned computer | ||||||
14 | or information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the Board, the Department or the offender's |
| |||||||
| |||||||
1 | supervising agent; | ||||||
2 | (7.12) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender
Registration Act committed on or after January | ||||||
4 | 1, 2010 ( the effective date of Public Act 96-262) this | ||||||
5 | amendatory Act of the 96th General Assembly , refrain from | ||||||
6 | accessing or using a social networking website as defined | ||||||
7 | in Section 16D-2 of the Criminal Code of 1961;
| ||||||
8 | (7.13) (7.12) if convicted of a sex offense as defined | ||||||
9 | in Section 2 of the Sex Offender Registration Act committed | ||||||
10 | on or after January 1, 2010 ( the effective date of Public | ||||||
11 | Act 96-362) this amendatory Act of the 96th General | ||||||
12 | Assembly that requires the person to register as a sex | ||||||
13 | offender under that Act, may not knowingly use any computer | ||||||
14 | scrub software on any computer that the sex offender uses; | ||||||
15 | (8) obtain permission of an agent of the Department of | ||||||
16 | Corrections before
leaving the
State of Illinois;
| ||||||
17 | (9) obtain permission of an agent of the Department of | ||||||
18 | Corrections before
changing
his or her residence or | ||||||
19 | employment;
| ||||||
20 | (10) consent to a search of his or her person, | ||||||
21 | property, or residence
under his or her
control;
| ||||||
22 | (11) refrain from the use or possession of narcotics or | ||||||
23 | other controlled
substances in
any form, or both, or any | ||||||
24 | paraphernalia related to those substances and submit
to a
| ||||||
25 | urinalysis test as instructed by a parole agent of the | ||||||
26 | Department of
Corrections;
|
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| |||||||
1 | (12) not frequent places where controlled substances | ||||||
2 | are illegally sold,
used,
distributed, or administered;
| ||||||
3 | (13) not knowingly associate with other persons on | ||||||
4 | parole or mandatory
supervised
release without prior | ||||||
5 | written permission of his or her parole agent and not
| ||||||
6 | associate with
persons who are members of an organized gang | ||||||
7 | as that term is defined in the
Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act;
| ||||||
9 | (14) provide true and accurate information, as it | ||||||
10 | relates to his or her
adjustment in the
community while on | ||||||
11 | parole or mandatory supervised release or to his or her
| ||||||
12 | conduct
while incarcerated, in response to inquiries by his | ||||||
13 | or her parole agent or of
the
Department of Corrections;
| ||||||
14 | (15) follow any specific instructions provided by the | ||||||
15 | parole agent that
are consistent
with furthering | ||||||
16 | conditions set and approved by the Prisoner Review Board or | ||||||
17 | by
law,
exclusive of placement on electronic detention, to | ||||||
18 | achieve the goals and
objectives of his
or her parole or | ||||||
19 | mandatory supervised release or to protect the public. | ||||||
20 | These
instructions by the parole agent may be modified at | ||||||
21 | any time, as the agent
deems
appropriate;
| ||||||
22 | (16) if convicted of a sex offense as defined in | ||||||
23 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
24 | offender is a parent or guardian of the person under 18 | ||||||
25 | years of age present in the home and no non-familial minors | ||||||
26 | are present, not participate in a holiday event involving |
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1 | children under 18 years of age, such as distributing candy | ||||||
2 | or other items to children on Halloween, wearing a Santa | ||||||
3 | Claus costume on or preceding Christmas, being employed as | ||||||
4 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
5 | costume on or preceding Easter; and | ||||||
6 | (17) if convicted of a violation of an order of | ||||||
7 | protection under Section 12-30 of the Criminal Code of | ||||||
8 | 1961, be placed under electronic surveillance as provided | ||||||
9 | in Section 5-8A-7 of this Code. | ||||||
10 | (b) The Board may in addition to other conditions
require | ||||||
11 | that the subject:
| ||||||
12 | (1) work or pursue a course of study or vocational | ||||||
13 | training;
| ||||||
14 | (2) undergo medical or psychiatric treatment, or | ||||||
15 | treatment
for drug addiction or alcoholism;
| ||||||
16 | (3) attend or reside in a facility established for the
| ||||||
17 | instruction or residence of persons on probation or parole;
| ||||||
18 | (4) support his dependents;
| ||||||
19 | (5) (blank);
| ||||||
20 | (6) (blank);
| ||||||
21 | (7) comply with the terms and conditions of an order of | ||||||
22 | protection
issued pursuant to the Illinois Domestic | ||||||
23 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
24 | or an order of protection issued by the court of another
| ||||||
25 | state, tribe, or United States territory;
| ||||||
26 | (7.5) if convicted for an offense committed on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961, refrain from communicating with or | ||||||
5 | contacting, by means of the Internet, a person who is | ||||||
6 | related to the accused and whom the accused reasonably | ||||||
7 | believes to be under 18 years of age; for purposes of this | ||||||
8 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
9 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
10 | is related to the accused if the person is: (i) the spouse, | ||||||
11 | brother, or sister of the accused; (ii) a descendant of the | ||||||
12 | accused; (iii) a first or second cousin of the accused; or | ||||||
13 | (iv) a step-child or adopted child of the accused; | ||||||
14 | (7.6) if convicted for an offense committed on or after | ||||||
15 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
16 | would qualify as a sex offense as defined in the Sex | ||||||
17 | Offender Registration Act: | ||||||
18 | (i) not access or use a computer or any other | ||||||
19 | device with Internet capability without the prior | ||||||
20 | written approval of the Department; | ||||||
21 | (ii) submit to periodic unannounced examinations | ||||||
22 | of the offender's computer or any other device with | ||||||
23 | Internet capability by the offender's supervising | ||||||
24 | agent, a law enforcement officer, or assigned computer | ||||||
25 | or information technology specialist, including the | ||||||
26 | retrieval and copying of all data from the computer or |
| |||||||
| |||||||
1 | device and any internal or external peripherals and | ||||||
2 | removal of such information, equipment, or device to | ||||||
3 | conduct a more thorough inspection; | ||||||
4 | (iii) submit to the installation on the offender's | ||||||
5 | computer or device with Internet capability, at the | ||||||
6 | offender's expense, of one or more hardware or software | ||||||
7 | systems to monitor the Internet use; and | ||||||
8 | (iv) submit to any other appropriate restrictions | ||||||
9 | concerning the offender's use of or access to a | ||||||
10 | computer or any other device with Internet capability | ||||||
11 | imposed by the Board, the Department or the offender's | ||||||
12 | supervising agent; and
| ||||||
13 | (8) in addition, if a minor:
| ||||||
14 | (i) reside with his parents or in a foster home;
| ||||||
15 | (ii) attend school;
| ||||||
16 | (iii) attend a non-residential program for youth; | ||||||
17 | or
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster
home.
| ||||||
20 | (b-1) In addition to the conditions set forth in | ||||||
21 | subsections (a) and (b), persons required to register as sex | ||||||
22 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
23 | release from the custody of the Illinois Department of | ||||||
24 | Corrections, may be required by the Board to comply with the | ||||||
25 | following specific conditions of release: | ||||||
26 | (1) reside only at a Department approved location; |
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| |||||||
1 | (2) comply with all requirements of the Sex Offender | ||||||
2 | Registration Act;
| ||||||
3 | (3) notify
third parties of the risks that may be | ||||||
4 | occasioned by his or her criminal record; | ||||||
5 | (4) obtain the approval of an agent of the Department | ||||||
6 | of Corrections prior to accepting employment or pursuing a | ||||||
7 | course of study or vocational training and notify the | ||||||
8 | Department prior to any change in employment, study, or | ||||||
9 | training; | ||||||
10 | (5) not be employed or participate in any
volunteer | ||||||
11 | activity that involves contact with children, except under | ||||||
12 | circumstances approved in advance and in writing by an | ||||||
13 | agent of the Department of Corrections; | ||||||
14 | (6) be electronically monitored for a minimum of 12 | ||||||
15 | months from the date of release as determined by the Board;
| ||||||
16 | (7) refrain from entering into a designated
geographic | ||||||
17 | area except upon terms approved in advance by an agent of | ||||||
18 | the Department of Corrections. The terms may include | ||||||
19 | consideration of the purpose of the entry, the time of day, | ||||||
20 | and others accompanying the person; | ||||||
21 | (8) refrain from having any contact, including
written | ||||||
22 | or oral communications, directly or indirectly, personally | ||||||
23 | or by telephone, letter, or through a third party with | ||||||
24 | certain specified persons including, but not limited to, | ||||||
25 | the victim or the victim's family without the prior written | ||||||
26 | approval of an agent of the Department of Corrections; |
| |||||||
| |||||||
1 | (9) refrain from all contact, directly or
indirectly, | ||||||
2 | personally, by telephone, letter, or through a third party, | ||||||
3 | with minor children without prior identification and | ||||||
4 | approval of an agent of the Department of Corrections; | ||||||
5 | (10) neither possess or have under his or her
control | ||||||
6 | any material that is sexually oriented, sexually | ||||||
7 | stimulating, or that shows male or female sex organs or any | ||||||
8 | pictures depicting children under 18 years of age nude or | ||||||
9 | any written or audio material describing sexual | ||||||
10 | intercourse or that depicts or alludes to sexual activity, | ||||||
11 | including but not limited to visual, auditory, telephonic, | ||||||
12 | or electronic media, or any matter obtained through access | ||||||
13 | to any computer or material linked to computer access use; | ||||||
14 | (11) not patronize any business providing
sexually | ||||||
15 | stimulating or sexually oriented entertainment nor utilize | ||||||
16 | "900" or adult telephone numbers; | ||||||
17 | (12) not reside near, visit, or be in or about
parks, | ||||||
18 | schools, day care centers, swimming pools, beaches, | ||||||
19 | theaters, or any other places where minor children | ||||||
20 | congregate without advance approval of an agent of the | ||||||
21 | Department of Corrections and immediately report any | ||||||
22 | incidental contact with minor children to the Department; | ||||||
23 | (13) not possess or have under his or her control
| ||||||
24 | certain specified items of contraband related to the | ||||||
25 | incidence of sexually offending as determined by an agent | ||||||
26 | of the Department of Corrections; |
| |||||||
| |||||||
1 | (14) may be required to provide a written daily log of | ||||||
2 | activities
if directed by an agent of the Department of | ||||||
3 | Corrections; | ||||||
4 | (15) comply with all other special conditions
that the | ||||||
5 | Department may impose that restrict the person from | ||||||
6 | high-risk situations and limit access to potential | ||||||
7 | victims; | ||||||
8 | (16) take an annual polygraph exam; | ||||||
9 | (17) maintain a log of his or her travel; or | ||||||
10 | (18) obtain prior approval of his or her parole officer | ||||||
11 | before driving alone in a motor vehicle.
| ||||||
12 | (c) The conditions under which the parole or mandatory
| ||||||
13 | supervised release is to be served shall be communicated to
the | ||||||
14 | person in writing prior to his release, and he shall
sign the | ||||||
15 | same before release. A signed copy of these conditions,
| ||||||
16 | including a copy of an order of protection where one had been | ||||||
17 | issued by the
criminal court, shall be retained by the person | ||||||
18 | and another copy forwarded to
the officer in charge of his | ||||||
19 | supervision.
| ||||||
20 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
21 | Review Board may modify or enlarge the conditions of parole
or | ||||||
22 | mandatory supervised release.
| ||||||
23 | (e) The Department shall inform all offenders committed to
| ||||||
24 | the Department of the optional services available to them
upon | ||||||
25 | release and shall assist inmates in availing themselves
of such | ||||||
26 | optional services upon their release on a voluntary
basis. |
| |||||||
| |||||||
1 | (f) When the subject is in compliance with all conditions | ||||||
2 | of his or her parole or mandatory supervised release, the | ||||||
3 | subject shall receive a reduction of the period of his or her | ||||||
4 | parole or mandatory supervised release of 90 days upon | ||||||
5 | receiving a high school diploma or passage of the high school | ||||||
6 | level Test of General Educational Development during the period | ||||||
7 | of his or her parole or mandatory supervised release. This | ||||||
8 | reduction in the period of a subject's term of parole or | ||||||
9 | mandatory supervised release shall be available only to | ||||||
10 | subjects who have not previously earned a high school diploma | ||||||
11 | or who have not previously passed the high school level Test of | ||||||
12 | General Educational Development.
| ||||||
13 | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | ||||||
14 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
15 | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | ||||||
16 | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | ||||||
17 | revised 9-25-09.)
| ||||||
18 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
19 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
20 | (a) (1) The Department of Corrections shall prescribe | ||||||
21 | rules
and regulations for the early release on account of | ||||||
22 | good
conduct of persons committed to the Department which | ||||||
23 | shall
be subject to review by the Prisoner Review Board.
| ||||||
24 | (2) The rules and regulations on early release shall | ||||||
25 | provide, with
respect to offenses listed in clause (i), |
| |||||||
| |||||||
1 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
2 | June 19, 1998 or with respect to the offense listed in | ||||||
3 | clause (iv) of this paragraph (2) committed on or after | ||||||
4 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
5 | with
respect to offense listed in clause (vi)
committed on | ||||||
6 | or after June 1, 2008 (the effective date of Public Act | ||||||
7 | 95-625)
or with respect to the offense of being an armed | ||||||
8 | habitual criminal committed on or after August 2, 2005 (the | ||||||
9 | effective date of Public Act 94-398) or with respect to the | ||||||
10 | offenses listed in clause (v) of this paragraph (2) | ||||||
11 | committed on or after August 13, 2007 (the effective date | ||||||
12 | of Public Act 95-134), the following:
| ||||||
13 | (i) that a prisoner who is serving a term of | ||||||
14 | imprisonment for first
degree murder or for the offense | ||||||
15 | of terrorism shall receive no good conduct
credit and | ||||||
16 | shall serve the entire
sentence imposed by the court;
| ||||||
17 | (ii) that a prisoner serving a sentence for attempt | ||||||
18 | to commit first
degree murder, solicitation of murder, | ||||||
19 | solicitation of murder for hire,
intentional homicide | ||||||
20 | of an unborn child, predatory criminal sexual assault | ||||||
21 | of a
child, aggravated criminal sexual assault, | ||||||
22 | criminal sexual assault, aggravated
kidnapping, | ||||||
23 | aggravated battery with a firearm, heinous battery, | ||||||
24 | being an armed habitual criminal, aggravated
battery | ||||||
25 | of a senior citizen, or aggravated battery of a child | ||||||
26 | shall receive no
more than 4.5 days of good conduct |
| |||||||
| |||||||
1 | credit for each month of his or her sentence
of | ||||||
2 | imprisonment;
| ||||||
3 | (iii) that a prisoner serving a sentence
for home | ||||||
4 | invasion, armed robbery, aggravated vehicular | ||||||
5 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
6 | violence with a category I weapon
or category II | ||||||
7 | weapon, when the court
has made and entered a finding, | ||||||
8 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
9 | Code, that the conduct leading to conviction for the | ||||||
10 | enumerated offense
resulted in great bodily harm to a | ||||||
11 | victim, shall receive no more than 4.5 days
of good | ||||||
12 | conduct credit for each month of his or her sentence of | ||||||
13 | imprisonment;
| ||||||
14 | (iv) that a prisoner serving a sentence for | ||||||
15 | aggravated discharge of a firearm, whether or not the | ||||||
16 | conduct leading to conviction for the offense resulted | ||||||
17 | in great bodily harm to the victim, shall receive no | ||||||
18 | more than 4.5 days of good conduct credit for each | ||||||
19 | month of his or her sentence of imprisonment;
| ||||||
20 | (v) that a person serving a sentence for | ||||||
21 | gunrunning, narcotics racketeering, controlled | ||||||
22 | substance trafficking, methamphetamine trafficking, | ||||||
23 | drug-induced homicide, aggravated | ||||||
24 | methamphetamine-related child endangerment, money | ||||||
25 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
26 | 29B-1 of the Criminal Code of 1961, or a Class X felony |
| |||||||
| |||||||
1 | conviction for delivery of a controlled substance, | ||||||
2 | possession of a controlled substance with intent to | ||||||
3 | manufacture or deliver, calculated criminal drug | ||||||
4 | conspiracy, criminal drug conspiracy, street gang | ||||||
5 | criminal drug conspiracy, participation in | ||||||
6 | methamphetamine manufacturing, aggravated | ||||||
7 | participation in methamphetamine manufacturing, | ||||||
8 | delivery of methamphetamine, possession with intent to | ||||||
9 | deliver methamphetamine, aggravated delivery of | ||||||
10 | methamphetamine, aggravated possession with intent to | ||||||
11 | deliver methamphetamine, methamphetamine conspiracy | ||||||
12 | when the substance containing the controlled substance | ||||||
13 | or methamphetamine is 100 grams or more shall receive | ||||||
14 | no more than 7.5 days good conduct credit for each | ||||||
15 | month of his or her sentence of imprisonment; and
| ||||||
16 | (vi)
that a prisoner serving a sentence for a | ||||||
17 | second or subsequent offense of luring a minor shall | ||||||
18 | receive no more than 4.5 days of good conduct credit | ||||||
19 | for each month of his or her sentence of imprisonment.
| ||||||
20 | (2.1) For all offenses, other than those enumerated in | ||||||
21 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
22 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
23 | after June 23, 2005 (the effective date of Public Act | ||||||
24 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
25 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
26 | or subdivision (a)(2)(vi) committed on or after June 1, |
| |||||||
| |||||||
1 | 2008 (the effective date of Public Act 95-625), and other | ||||||
2 | than the offense of reckless
homicide as defined in | ||||||
3 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
4 | committed on or after January 1, 1999,
or aggravated | ||||||
5 | driving under the influence of alcohol, other drug or | ||||||
6 | drugs, or
intoxicating compound or compounds, or any | ||||||
7 | combination thereof as defined in
subparagraph (F) of | ||||||
8 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
9 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
10 | provide that a prisoner who is serving a term of
| ||||||
11 | imprisonment shall receive one day of good conduct credit | ||||||
12 | for each day of
his or her sentence of imprisonment or | ||||||
13 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
14 | credit shall reduce by one day the prisoner's period
of | ||||||
15 | imprisonment or recommitment under Section 3-3-9.
| ||||||
16 | (2.2) A prisoner serving a term of natural life | ||||||
17 | imprisonment or a
prisoner who has been sentenced to death | ||||||
18 | shall receive no good conduct
credit.
| ||||||
19 | (2.3) The rules and regulations on early release shall | ||||||
20 | provide that
a prisoner who is serving a sentence for | ||||||
21 | reckless homicide as defined in
subsection (e) of Section | ||||||
22 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
23 | January 1, 1999, or aggravated driving under the influence | ||||||
24 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
25 | or compounds, or any combination
thereof as defined in | ||||||
26 | subparagraph (F) of paragraph (1) of subsection (d) of
|
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
2 | no more than 4.5
days of good conduct credit for each month | ||||||
3 | of his or her sentence of
imprisonment.
| ||||||
4 | (2.4) The rules and regulations on early release shall | ||||||
5 | provide with
respect to the offenses of aggravated battery | ||||||
6 | with a machine gun or a firearm
equipped with any device or | ||||||
7 | attachment designed or used for silencing the
report of a | ||||||
8 | firearm or aggravated discharge of a machine gun or a | ||||||
9 | firearm
equipped with any device or attachment designed or | ||||||
10 | used for silencing the
report of a firearm, committed on or | ||||||
11 | after
July 15, 1999 (the effective date of Public Act | ||||||
12 | 91-121),
that a prisoner serving a sentence for any of | ||||||
13 | these offenses shall receive no
more than 4.5 days of good | ||||||
14 | conduct credit for each month of his or her sentence
of | ||||||
15 | imprisonment.
| ||||||
16 | (2.5) The rules and regulations on early release shall | ||||||
17 | provide that a
prisoner who is serving a sentence for | ||||||
18 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
19 | effective date of Public Act 92-176) shall receive no more | ||||||
20 | than
4.5 days of good conduct credit for each month of his | ||||||
21 | or her sentence of
imprisonment.
| ||||||
22 | (3) The rules and regulations shall also provide that
| ||||||
23 | the Director may award up to 180 days additional good | ||||||
24 | conduct
credit for meritorious service in specific | ||||||
25 | instances as the
Director deems proper; except that no more | ||||||
26 | than 90 days
of good conduct credit for meritorious service
|
| |||||||
| |||||||
1 | shall be awarded to any prisoner who is serving a sentence | ||||||
2 | for
conviction of first degree murder, reckless homicide | ||||||
3 | while under the
influence of alcohol or any other drug,
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, aggravated kidnapping, kidnapping,
| ||||||
9 | predatory criminal sexual assault of a child,
aggravated | ||||||
10 | criminal sexual assault, criminal sexual assault, deviate | ||||||
11 | sexual
assault, aggravated criminal sexual abuse, | ||||||
12 | aggravated indecent liberties
with a child, indecent | ||||||
13 | liberties with a child, child pornography, heinous
| ||||||
14 | battery, aggravated battery of a spouse, aggravated | ||||||
15 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
16 | stalking, aggravated battery of a child,
endangering the | ||||||
17 | life or health of a child, or cruelty to a child. | ||||||
18 | Notwithstanding the foregoing, good conduct credit for
| ||||||
19 | meritorious service shall not be awarded on a
sentence of | ||||||
20 | imprisonment imposed for conviction of: (i) one of the | ||||||
21 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
22 | (iii) when the offense is committed on or after
June 19, | ||||||
23 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
24 | committed on or after June 23, 2005 (the effective date of | ||||||
25 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
26 | is committed on or after August 13, 2007 (the effective |
| |||||||
| |||||||
1 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
2 | the offense is committed on or after June 1, 2008 (the | ||||||
3 | effective date of Public Act 95-625), (ii) reckless | ||||||
4 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
5 | Criminal Code of 1961 when
the offense is committed on or | ||||||
6 | after January 1, 1999,
or aggravated driving under the | ||||||
7 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
8 | compound or compounds, or any combination thereof as | ||||||
9 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
10 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
11 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
12 | the offense is committed on or after
July 15, 1999 (the | ||||||
13 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
14 | arson when the offense is committed
on or after July 27, | ||||||
15 | 2001 (the effective date of Public Act 92-176).
| ||||||
16 | The Director shall not award good conduct credit for | ||||||
17 | meritorious service under this paragraph (3) to an inmate | ||||||
18 | unless the inmate has served a minimum of 60 days of the | ||||||
19 | sentence; except nothing in this paragraph shall be | ||||||
20 | construed to permit the Director to extend an inmate's | ||||||
21 | sentence beyond that which was imposed by the court. Prior | ||||||
22 | to awarding credit under this paragraph (3), the Director | ||||||
23 | shall make a written determination that the inmate: | ||||||
24 | (A) is eligible for good conduct credit for | ||||||
25 | meritorious service; | ||||||
26 | (B) has served a minimum of 60 days, or as close to |
| |||||||
| |||||||
1 | 60 days as the sentence will allow; and | ||||||
2 | (C) has met the eligibility criteria established | ||||||
3 | by rule. | ||||||
4 | The Director shall determine the form and content of | ||||||
5 | the written determination required in this subsection.
| ||||||
6 | (4) The rules and regulations shall also provide that | ||||||
7 | the good conduct
credit accumulated and retained under | ||||||
8 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
9 | inmate during specific periods of time in which such
inmate | ||||||
10 | is engaged full-time in substance abuse programs, | ||||||
11 | correctional
industry assignments, or educational programs | ||||||
12 | provided by the Department
under this paragraph (4) and | ||||||
13 | satisfactorily completes the assigned program as
| ||||||
14 | determined by the standards of the Department, shall be | ||||||
15 | multiplied by a factor
of 1.25 for program participation | ||||||
16 | before August 11, 1993
and 1.50 for program participation | ||||||
17 | on or after that date.
However, no inmate shall be eligible | ||||||
18 | for the additional good conduct credit
under this paragraph | ||||||
19 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
20 | boot camp
or electronic detention, or if convicted of an | ||||||
21 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
22 | (iii) of this Section that is committed on or after June | ||||||
23 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
24 | committed on or after June 23, 2005 (the effective date of | ||||||
25 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
26 | that is committed on or after August 13, 2007 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-134)
or subdivision | ||||||
2 | (a)(2)(vi) when the offense is committed on or after June | ||||||
3 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
4 | convicted of reckless homicide as defined in subsection (e) | ||||||
5 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
6 | is committed on or
after January 1, 1999,
or aggravated | ||||||
7 | driving under the influence of alcohol, other drug or | ||||||
8 | drugs, or
intoxicating compound or compounds, or any | ||||||
9 | combination thereof as defined in
subparagraph (F) of | ||||||
10 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
11 | Illinois Vehicle Code, or if convicted of an offense | ||||||
12 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
13 | committed on or after
July 15, 1999 (the effective date of | ||||||
14 | Public Act 91-121),
or first degree murder, a Class X | ||||||
15 | felony, criminal sexual
assault, felony criminal sexual | ||||||
16 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
17 | battery with a firearm, or any predecessor or successor | ||||||
18 | offenses
with the same or substantially the same elements, | ||||||
19 | or any inchoate offenses
relating to the foregoing | ||||||
20 | offenses. No inmate shall be eligible for the
additional | ||||||
21 | good conduct credit under this paragraph (4) who (i) has | ||||||
22 | previously
received increased good conduct credit under | ||||||
23 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
24 | felony, or (ii) has previously served more than one prior | ||||||
25 | sentence of
imprisonment for a felony in an adult | ||||||
26 | correctional facility.
|
| |||||||
| |||||||
1 | Educational, vocational, substance abuse and | ||||||
2 | correctional
industry programs under which good conduct | ||||||
3 | credit may be increased under
this paragraph (4) and | ||||||
4 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
5 | by the Department on the basis of
documented standards. The | ||||||
6 | Department shall report the results of these
evaluations to | ||||||
7 | the Governor and the General Assembly by September 30th of | ||||||
8 | each
year. The reports shall include data relating to the | ||||||
9 | recidivism rate among
program participants.
| ||||||
10 | Availability of these programs shall be subject to the
| ||||||
11 | limits of fiscal resources appropriated by the General | ||||||
12 | Assembly for these
purposes. Eligible inmates who are | ||||||
13 | denied immediate admission shall be
placed on a waiting | ||||||
14 | list under criteria established by the Department.
The | ||||||
15 | inability of any inmate to become engaged in any such | ||||||
16 | programs
by reason of insufficient program resources or for | ||||||
17 | any other reason
established under the rules and | ||||||
18 | regulations of the Department shall not be
deemed a cause | ||||||
19 | of action under which the Department or any employee or
| ||||||
20 | agent of the Department shall be liable for damages to the | ||||||
21 | inmate.
| ||||||
22 | (4.1) The rules and regulations shall also provide that | ||||||
23 | an additional 60 days of good conduct credit shall be | ||||||
24 | awarded to any prisoner who receives a high school diploma | ||||||
25 | or passes the high school level Test of General Educational | ||||||
26 | Development (GED) while the prisoner is incarcerated. The |
| |||||||
| |||||||
1 | good conduct credit awarded under this paragraph (4.1) | ||||||
2 | shall be in addition to, and shall not affect, the award of | ||||||
3 | good conduct under any other paragraph of this Section, but | ||||||
4 | shall also be pursuant to the guidelines and restrictions | ||||||
5 | set forth in paragraph (4) of subsection (a) of this | ||||||
6 | Section.
The good conduct credit provided for in this | ||||||
7 | paragraph shall be available only to those prisoners who | ||||||
8 | have not previously earned a high school diploma or a GED. | ||||||
9 | If, after an award of the GED good conduct credit has been | ||||||
10 | made and the Department determines that the prisoner was | ||||||
11 | not eligible, then the award shall be revoked.
| ||||||
12 | (4.5) The rules and regulations on early release shall | ||||||
13 | also provide that
when the court's sentencing order | ||||||
14 | recommends a prisoner for substance abuse treatment and the
| ||||||
15 | crime was committed on or after September 1, 2003 (the | ||||||
16 | effective date of
Public Act 93-354), the prisoner shall | ||||||
17 | receive no good conduct credit awarded under clause (3) of | ||||||
18 | this subsection (a) unless he or she participates in and
| ||||||
19 | completes a substance abuse treatment program. The | ||||||
20 | Director may waive the requirement to participate in or | ||||||
21 | complete a substance abuse treatment program and award the | ||||||
22 | good conduct credit in specific instances if the prisoner | ||||||
23 | is not a good candidate for a substance abuse treatment | ||||||
24 | program for medical, programming, or operational reasons. | ||||||
25 | Availability of
substance abuse treatment shall be subject | ||||||
26 | to the limits of fiscal resources
appropriated by the |
| |||||||
| |||||||
1 | General Assembly for these purposes. If treatment is not
| ||||||
2 | available and the requirement to participate and complete | ||||||
3 | the treatment has not been waived by the Director, the | ||||||
4 | prisoner shall be placed on a waiting list under criteria
| ||||||
5 | established by the Department. The Director may allow a | ||||||
6 | prisoner placed on
a waiting list to participate in and | ||||||
7 | complete a substance abuse education class or attend | ||||||
8 | substance
abuse self-help meetings in lieu of a substance | ||||||
9 | abuse treatment program. A prisoner on a waiting list who | ||||||
10 | is not placed in a substance abuse program prior to release | ||||||
11 | may be eligible for a waiver and receive good conduct | ||||||
12 | credit under clause (3) of this subsection (a) at the | ||||||
13 | discretion of the Director.
| ||||||
14 | (4.6) The rules and regulations on early release shall | ||||||
15 | also provide that a prisoner who has been convicted of a | ||||||
16 | sex offense as defined in Section 2 of the Sex Offender | ||||||
17 | Registration Act shall receive no good conduct credit | ||||||
18 | unless he or she either has successfully completed or is | ||||||
19 | participating in sex offender treatment as defined by the | ||||||
20 | Sex Offender Management Board. However, prisoners who are | ||||||
21 | waiting to receive such treatment, but who are unable to do | ||||||
22 | so due solely to the lack of resources on the part of the | ||||||
23 | Department, may, at the Director's sole discretion, be | ||||||
24 | awarded good conduct credit at such rate as the Director | ||||||
25 | shall determine.
| ||||||
26 | (5) Whenever the Department is to release any inmate |
| |||||||
| |||||||
1 | earlier than it
otherwise would because of a grant of good | ||||||
2 | conduct credit for meritorious
service given at any time | ||||||
3 | during the term, the Department shall give
reasonable | ||||||
4 | notice of the impending release not less than 14 days prior | ||||||
5 | to the date of the release to the State's
Attorney of the | ||||||
6 | county where the prosecution of the inmate took place, and | ||||||
7 | if applicable, the State's Attorney of the county into | ||||||
8 | which the inmate will be released.
| ||||||
9 | (b) Whenever a person is or has been committed under
| ||||||
10 | several convictions, with separate sentences, the sentences
| ||||||
11 | shall be construed under Section 5-8-4 in granting and
| ||||||
12 | forfeiting of good time.
| ||||||
13 | (c) The Department shall prescribe rules and regulations
| ||||||
14 | for revoking good conduct credit, or suspending or reducing
the | ||||||
15 | rate of accumulation of good conduct credit for specific
rule | ||||||
16 | violations, during imprisonment. These rules and regulations
| ||||||
17 | shall provide that no inmate may be penalized more than one
| ||||||
18 | year of good conduct credit for any one infraction.
| ||||||
19 | When the Department seeks to revoke, suspend or reduce
the | ||||||
20 | rate of accumulation of any good conduct credits for
an alleged | ||||||
21 | infraction of its rules, it shall bring charges
therefor | ||||||
22 | against the prisoner sought to be so deprived of
good conduct | ||||||
23 | credits before the Prisoner Review Board as
provided in | ||||||
24 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
25 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
26 | month period, the cumulative amount of
credit revoked exceeds |
| |||||||
| |||||||
1 | 30 days except where the infraction is committed
or discovered | ||||||
2 | within 60 days of scheduled release. In those cases,
the | ||||||
3 | Department of Corrections may revoke up to 30 days of good | ||||||
4 | conduct credit.
The Board may subsequently approve the | ||||||
5 | revocation of additional good
conduct credit, if the Department | ||||||
6 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
7 | However, the Board shall not be empowered to review the
| ||||||
8 | Department's decision with respect to the loss of 30 days of | ||||||
9 | good conduct
credit within any calendar year for any prisoner | ||||||
10 | or to increase any penalty
beyond the length requested by the | ||||||
11 | Department.
| ||||||
12 | The Director of the Department of Corrections, in | ||||||
13 | appropriate cases, may
restore up to 30 days good conduct | ||||||
14 | credits which have been revoked, suspended
or reduced. Any | ||||||
15 | restoration of good conduct credits in excess of 30 days shall
| ||||||
16 | be subject to review by the Prisoner Review Board. However, the | ||||||
17 | Board may not
restore good conduct credit in excess of the | ||||||
18 | amount requested by the Director.
| ||||||
19 | Nothing contained in this Section shall prohibit the | ||||||
20 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
21 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
22 | sentence imposed by the court that was not served due to the
| ||||||
23 | accumulation of good conduct credit.
| ||||||
24 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
25 | federal court
against the State, the Department of Corrections, | ||||||
26 | or the Prisoner Review Board,
or against any of
their officers |
| |||||||
| |||||||
1 | or employees, and the court makes a specific finding that a
| ||||||
2 | pleading, motion, or other paper filed by the prisoner is | ||||||
3 | frivolous, the
Department of Corrections shall conduct a | ||||||
4 | hearing to revoke up to
180 days of good conduct credit by | ||||||
5 | bringing charges against the prisoner
sought to be deprived of | ||||||
6 | the good conduct credits before the Prisoner Review
Board as | ||||||
7 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
8 | If the prisoner has not accumulated 180 days of good conduct | ||||||
9 | credit at the
time of the finding, then the Prisoner Review | ||||||
10 | Board may revoke all
good conduct credit accumulated by the | ||||||
11 | prisoner.
| ||||||
12 | For purposes of this subsection (d):
| ||||||
13 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
14 | filing which
purports to be a legal document filed by a | ||||||
15 | prisoner in his or her lawsuit meets
any or all of the | ||||||
16 | following criteria:
| ||||||
17 | (A) it lacks an arguable basis either in law or in | ||||||
18 | fact;
| ||||||
19 | (B) it is being presented for any improper purpose, | ||||||
20 | such as to harass or
to cause unnecessary delay or | ||||||
21 | needless increase in the cost of litigation;
| ||||||
22 | (C) the claims, defenses, and other legal | ||||||
23 | contentions therein are not
warranted by existing law | ||||||
24 | or by a nonfrivolous argument for the extension,
| ||||||
25 | modification, or reversal of existing law or the | ||||||
26 | establishment of new law;
|
| |||||||
| |||||||
1 | (D) the allegations and other factual contentions | ||||||
2 | do not have
evidentiary
support or, if specifically so | ||||||
3 | identified, are not likely to have evidentiary
support | ||||||
4 | after a reasonable opportunity for further | ||||||
5 | investigation or discovery;
or
| ||||||
6 | (E) the denials of factual contentions are not | ||||||
7 | warranted on the
evidence, or if specifically so | ||||||
8 | identified, are not reasonably based on a lack
of | ||||||
9 | information or belief.
| ||||||
10 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
11 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
12 | action under
Article X of the Code of Civil Procedure or | ||||||
13 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
14 | under the Court of Claims Act, an action under the
federal | ||||||
15 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
16 | subsequent petition for post-conviction relief under | ||||||
17 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
18 | whether filed with or without leave of court or a second or | ||||||
19 | subsequent petition for relief from judgment under Section | ||||||
20 | 2-1401 of the Code of Civil Procedure.
| ||||||
21 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
22 | validity of Public Act 89-404.
| ||||||
23 | (f) Whenever the Department is to release any inmate who | ||||||
24 | has been convicted of a violation of an order of protection | ||||||
25 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
26 | it
otherwise would because of a grant of good conduct credit, |
| |||||||
| |||||||
1 | the Department, as a condition of such early release, shall | ||||||
2 | require that the person, upon release, be placed under | ||||||
3 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
4 | Code. | ||||||
5 | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | ||||||
6 | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
7 | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|