| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 6-106.1 and 6-508 as follows:
| ||||||||||||||||||||||||
6 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||||||||||||||||||||
7 | Sec. 6-106.1. School bus driver permit.
| ||||||||||||||||||||||||
8 | (a) The Secretary of State shall issue a school bus driver
| ||||||||||||||||||||||||
9 | permit to those applicants who have met all the requirements of | ||||||||||||||||||||||||
10 | the
application and screening process under this Section to | ||||||||||||||||||||||||
11 | insure the
welfare and safety of children who are transported | ||||||||||||||||||||||||
12 | on school buses
throughout the State of Illinois. Applicants | ||||||||||||||||||||||||
13 | shall obtain the
proper application required by the Secretary | ||||||||||||||||||||||||
14 | of State from their
prospective or current employer and submit | ||||||||||||||||||||||||
15 | the completed
application to the prospective or current | ||||||||||||||||||||||||
16 | employer along
with the necessary fingerprint submission as | ||||||||||||||||||||||||
17 | required by the
Department of
State Police to conduct | ||||||||||||||||||||||||
18 | fingerprint based criminal background
checks on current and | ||||||||||||||||||||||||
19 | future information available in the state
system and current | ||||||||||||||||||||||||
20 | information available through the Federal Bureau
of | ||||||||||||||||||||||||
21 | Investigation's system. Applicants who have completed the
| ||||||||||||||||||||||||
22 | fingerprinting requirements shall not be subjected to the
| ||||||||||||||||||||||||
23 | fingerprinting process when applying for subsequent permits or
|
| |||||||
| |||||||
1 | submitting proof of successful completion of the annual | ||||||
2 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
3 | effective date of Public Act 88-612) possess a valid
school bus | ||||||
4 | driver permit that has been previously issued by the | ||||||
5 | appropriate
Regional School Superintendent are not subject to | ||||||
6 | the fingerprinting
provisions of this Section as long as the | ||||||
7 | permit remains valid and does not
lapse. The applicant shall be | ||||||
8 | required to pay all related
application and fingerprinting fees | ||||||
9 | as established by rule
including, but not limited to, the | ||||||
10 | amounts established by the Department of
State Police and the | ||||||
11 | Federal Bureau of Investigation to process
fingerprint based | ||||||
12 | criminal background investigations. All fees paid for
| ||||||
13 | fingerprint processing services under this Section shall be | ||||||
14 | deposited into the
State Police Services Fund for the cost | ||||||
15 | incurred in processing the fingerprint
based criminal | ||||||
16 | background investigations. All other fees paid under this
| ||||||
17 | Section shall be deposited into the Road
Fund for the purpose | ||||||
18 | of defraying the costs of the Secretary of State in
| ||||||
19 | administering this Section. All applicants must:
| ||||||
20 | 1. be 21 years of age or older;
| ||||||
21 | 2. possess a valid and properly classified driver's | ||||||
22 | license
issued by the Secretary of State;
| ||||||
23 | 3. possess a valid driver's license, which has not been
| ||||||
24 | revoked, suspended, or canceled for 3 years immediately | ||||||
25 | prior to
the date of application, or have not had his or | ||||||
26 | her commercial motor vehicle
driving privileges
|
| |||||||
| |||||||
1 | disqualified within the 3 years immediately prior to the | ||||||
2 | date of application;
| ||||||
3 | 4. successfully pass a written test, administered by | ||||||
4 | the
Secretary of State, on school bus operation, school bus | ||||||
5 | safety, and
special traffic laws relating to school buses | ||||||
6 | and submit to a review
of the applicant's driving habits by | ||||||
7 | the Secretary of State at the time the
written test is | ||||||
8 | given;
| ||||||
9 | 5. demonstrate ability to exercise reasonable care in | ||||||
10 | the operation of
school buses in accordance with rules | ||||||
11 | promulgated by the Secretary of State;
| ||||||
12 | 6. demonstrate physical fitness to operate school | ||||||
13 | buses by
submitting the results of a medical examination, | ||||||
14 | including tests for drug
use for each applicant not subject | ||||||
15 | to such testing pursuant to
federal law, conducted by a | ||||||
16 | licensed physician, a licensed advanced practice | ||||||
17 | registered nurse, or a licensed physician assistant
within | ||||||
18 | 90 days of the date
of application according to standards | ||||||
19 | promulgated by the Secretary of State;
| ||||||
20 | 7. affirm under penalties of perjury that he or she has | ||||||
21 | not made a
false statement or knowingly concealed a | ||||||
22 | material fact
in any application for permit;
| ||||||
23 | 8. have completed an initial classroom course, | ||||||
24 | including first aid
procedures, in school bus driver safety | ||||||
25 | as promulgated by the Secretary of
State; and after | ||||||
26 | satisfactory completion of said initial course an annual
|
| |||||||
| |||||||
1 | refresher course; such courses and the agency or | ||||||
2 | organization conducting such
courses shall be approved by | ||||||
3 | the Secretary of State; failure to
complete the annual | ||||||
4 | refresher course, shall result in
cancellation of the | ||||||
5 | permit until such course is completed;
| ||||||
6 | 9. not have been under an order of court supervision | ||||||
7 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
8 | defined by rule, within one year prior to the date of | ||||||
9 | application that may
endanger the life or safety of any of | ||||||
10 | the driver's passengers within the
duration of the permit | ||||||
11 | period;
| ||||||
12 | 10. not have been under an order of court supervision | ||||||
13 | for or convicted of reckless driving, aggravated reckless | ||||||
14 | driving, driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or | ||||||
16 | any combination thereof, or reckless homicide resulting | ||||||
17 | from the operation of a motor
vehicle within 3 years of the | ||||||
18 | date of application;
| ||||||
19 | 11. not have been convicted of committing or attempting
| ||||||
20 | to commit any
one or more of the following offenses: (i) | ||||||
21 | those offenses defined in
Sections 8-1, 8-1.2, 9-1, 9-1.2, | ||||||
22 | 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
| ||||||
23 | 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
24 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
25 | 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, | ||||||
26 | 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, |
| |||||||
| |||||||
1 | 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
3 | 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1, | ||||||
4 | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | ||||||
5 | 12-4.9,
12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, | ||||||
6 | 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, | ||||||
7 | 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, | ||||||
8 | 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, | ||||||
9 | 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | ||||||
10 | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7 before the | ||||||
11 | effective date of this amendatory Act of the 101st General | ||||||
12 | Assembly , 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| ||||||
13 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
14 | of Section 24-3, and those offenses contained in Article | ||||||
15 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
16 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
17 | Act except those offenses defined in subsections (a) and
| ||||||
18 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
19 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
20 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
21 | defined in the Methamphetamine Control and Community | ||||||
22 | Protection Act; and (v) any offense committed or attempted | ||||||
23 | in any other state or against
the laws of the United | ||||||
24 | States, which if committed or attempted in this
State would | ||||||
25 | be punishable as one or more of the foregoing offenses; | ||||||
26 | (vi)
the offenses defined in Section 4.1 and 5.1 of the |
| |||||||
| |||||||
1 | Wrongs to Children Act or Section 11-9.1A of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012; (vii) those | ||||||
3 | offenses defined in Section 6-16 of the Liquor Control Act | ||||||
4 | of
1934;
and (viii) those offenses defined in the | ||||||
5 | Methamphetamine Precursor Control Act;
| ||||||
6 | 12. not have been repeatedly involved as a driver in | ||||||
7 | motor vehicle
collisions or been repeatedly convicted of | ||||||
8 | offenses against
laws and ordinances regulating the | ||||||
9 | movement of traffic, to a degree which
indicates lack of | ||||||
10 | ability to exercise ordinary and reasonable care in the
| ||||||
11 | safe operation of a motor vehicle or disrespect for the | ||||||
12 | traffic laws and
the safety of other persons upon the | ||||||
13 | highway;
| ||||||
14 | 13. not have, through the unlawful operation of a motor
| ||||||
15 | vehicle, caused an accident resulting in the death of any | ||||||
16 | person;
| ||||||
17 | 14. not have, within the last 5 years, been adjudged to | ||||||
18 | be
afflicted with or suffering from any mental disability | ||||||
19 | or disease;
| ||||||
20 | 15. consent, in writing, to the release of results of | ||||||
21 | reasonable suspicion drug and alcohol testing under | ||||||
22 | Section 6-106.1c of this Code by the employer of the | ||||||
23 | applicant to the Secretary of State; and | ||||||
24 | 16. not have been convicted of committing or attempting | ||||||
25 | to commit within the last 20 years: (i) an offense defined | ||||||
26 | in subsection (c) of Section 4, subsection (b) of Section |
| |||||||
| |||||||
1 | 5, and subsection (a) of Section 8 of the Cannabis Control | ||||||
2 | Act; or (ii) any offenses in any other state or against the | ||||||
3 | laws of the United States that, if committed or attempted | ||||||
4 | in this State, would be punishable as one or more of the | ||||||
5 | foregoing offenses. | ||||||
6 | (b) A school bus driver permit shall be valid for a period | ||||||
7 | specified by
the Secretary of State as set forth by rule. It | ||||||
8 | shall be renewable upon compliance with subsection (a) of this
| ||||||
9 | Section.
| ||||||
10 | (c) A school bus driver permit shall contain the holder's | ||||||
11 | driver's
license number, legal name, residence address, zip | ||||||
12 | code, and date
of birth, a brief description of the holder and | ||||||
13 | a space for signature. The
Secretary of State may require a | ||||||
14 | suitable photograph of the holder.
| ||||||
15 | (d) The employer shall be responsible for conducting a | ||||||
16 | pre-employment
interview with prospective school bus driver | ||||||
17 | candidates, distributing school
bus driver applications and | ||||||
18 | medical forms to be completed by the applicant, and
submitting | ||||||
19 | the applicant's fingerprint cards to the Department of State | ||||||
20 | Police
that are required for the criminal background | ||||||
21 | investigations. The employer
shall certify in writing to the | ||||||
22 | Secretary of State that all pre-employment
conditions have been | ||||||
23 | successfully completed including the successful completion
of | ||||||
24 | an Illinois specific criminal background investigation through | ||||||
25 | the
Department of State Police and the submission of necessary
| ||||||
26 | fingerprints to the Federal Bureau of Investigation for |
| |||||||
| |||||||
1 | criminal
history information available through the Federal | ||||||
2 | Bureau of
Investigation system. The applicant shall present the
| ||||||
3 | certification to the Secretary of State at the time of | ||||||
4 | submitting
the school bus driver permit application.
| ||||||
5 | (e) Permits shall initially be provisional upon receiving
| ||||||
6 | certification from the employer that all pre-employment | ||||||
7 | conditions
have been successfully completed, and upon | ||||||
8 | successful completion of
all training and examination | ||||||
9 | requirements for the classification of
the vehicle to be | ||||||
10 | operated, the Secretary of State shall
provisionally issue a | ||||||
11 | School Bus Driver Permit. The permit shall
remain in a | ||||||
12 | provisional status pending the completion of the
Federal Bureau | ||||||
13 | of Investigation's criminal background investigation based
| ||||||
14 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
15 | of
Investigation by the Department of State Police. The Federal | ||||||
16 | Bureau of
Investigation shall report the findings directly to | ||||||
17 | the Secretary
of State. The Secretary of State shall remove the | ||||||
18 | bus driver
permit from provisional status upon the applicant's | ||||||
19 | successful
completion of the Federal Bureau of Investigation's | ||||||
20 | criminal
background investigation.
| ||||||
21 | (f) A school bus driver permit holder shall notify the
| ||||||
22 | employer and the Secretary of State if he or she is issued an | ||||||
23 | order of court supervision for or convicted in
another state of | ||||||
24 | an offense that would make him or her ineligible
for a permit | ||||||
25 | under subsection (a) of this Section. The
written notification | ||||||
26 | shall be made within 5 days of the entry of
the order of court |
| |||||||
| |||||||
1 | supervision or conviction. Failure of the permit holder to | ||||||
2 | provide the
notification is punishable as a petty
offense for a | ||||||
3 | first violation and a Class B misdemeanor for a
second or | ||||||
4 | subsequent violation.
| ||||||
5 | (g) Cancellation; suspension; notice and procedure.
| ||||||
6 | (1) The Secretary of State shall cancel a school bus
| ||||||
7 | driver permit of an applicant whose criminal background | ||||||
8 | investigation
discloses that he or she is not in compliance | ||||||
9 | with the provisions of subsection
(a) of this Section.
| ||||||
10 | (2) The Secretary of State shall cancel a school
bus | ||||||
11 | driver permit when he or she receives notice that the | ||||||
12 | permit holder fails
to comply with any provision of this | ||||||
13 | Section or any rule promulgated for the
administration of | ||||||
14 | this Section.
| ||||||
15 | (3) The Secretary of State shall cancel a school bus
| ||||||
16 | driver permit if the permit holder's restricted commercial | ||||||
17 | or
commercial driving privileges are withdrawn or | ||||||
18 | otherwise
invalidated.
| ||||||
19 | (4) The Secretary of State may not issue a school bus
| ||||||
20 | driver permit for a period of 3 years to an applicant who | ||||||
21 | fails to
obtain a negative result on a drug test as | ||||||
22 | required in item 6 of
subsection (a) of this Section or | ||||||
23 | under federal law.
| ||||||
24 | (5) The Secretary of State shall forthwith suspend
a | ||||||
25 | school bus driver permit for a period of 3 years upon | ||||||
26 | receiving
notice that the holder has failed to obtain a |
| |||||||
| |||||||
1 | negative result on a
drug test as required in item 6 of | ||||||
2 | subsection (a) of this Section
or under federal law.
| ||||||
3 | (6) The Secretary of State shall suspend a school bus | ||||||
4 | driver permit for a period of 3 years upon receiving notice | ||||||
5 | from the employer that the holder failed to perform the | ||||||
6 | inspection procedure set forth in subsection (a) or (b) of | ||||||
7 | Section 12-816 of this Code. | ||||||
8 | (7) The Secretary of State shall suspend a school bus | ||||||
9 | driver permit for a period of 3 years upon receiving notice | ||||||
10 | from the employer that the holder refused to submit to an | ||||||
11 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
12 | submitted to a test required by that Section which | ||||||
13 | disclosed an alcohol concentration of more than 0.00 or | ||||||
14 | disclosed a positive result on a National Institute on Drug | ||||||
15 | Abuse five-drug panel, utilizing federal standards set | ||||||
16 | forth in 49 CFR 40.87. | ||||||
17 | The Secretary of State shall notify the State | ||||||
18 | Superintendent
of Education and the permit holder's | ||||||
19 | prospective or current
employer that the applicant has (1) has | ||||||
20 | failed a criminal
background investigation or (2) is no
longer | ||||||
21 | eligible for a school bus driver permit; and of the related
| ||||||
22 | cancellation of the applicant's provisional school bus driver | ||||||
23 | permit. The
cancellation shall remain in effect pending the | ||||||
24 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
25 | The scope of the
hearing shall be limited to the issuance | ||||||
26 | criteria contained in
subsection (a) of this Section. A |
| |||||||
| |||||||
1 | petition requesting a
hearing shall be submitted to the | ||||||
2 | Secretary of State and shall
contain the reason the individual | ||||||
3 | feels he or she is entitled to a
school bus driver permit. The | ||||||
4 | permit holder's
employer shall notify in writing to the | ||||||
5 | Secretary of State
that the employer has certified the removal | ||||||
6 | of the offending school
bus driver from service prior to the | ||||||
7 | start of that school bus
driver's next workshift. An employing | ||||||
8 | school board that fails to
remove the offending school bus | ||||||
9 | driver from service is
subject to the penalties defined in | ||||||
10 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
11 | violates a provision of this Section is
subject to the | ||||||
12 | penalties defined in Section 6-106.11.
| ||||||
13 | All valid school bus driver permits issued under this | ||||||
14 | Section
prior to January 1, 1995, shall remain effective until | ||||||
15 | their
expiration date unless otherwise invalidated.
| ||||||
16 | (h) When a school bus driver permit holder who is a service | ||||||
17 | member is called to active duty, the employer of the permit | ||||||
18 | holder shall notify the Secretary of State, within 30 days of | ||||||
19 | notification from the permit holder, that the permit holder has | ||||||
20 | been called to active duty. Upon notification pursuant to this | ||||||
21 | subsection, (i) the Secretary of State shall characterize the | ||||||
22 | permit as inactive until a permit holder renews the permit as | ||||||
23 | provided in subsection (i) of this Section, and (ii) if a | ||||||
24 | permit holder fails to comply with the requirements of this | ||||||
25 | Section while called to active duty, the Secretary of State | ||||||
26 | shall not characterize the permit as invalid. |
| |||||||
| |||||||
1 | (i) A school bus driver permit holder who is a service | ||||||
2 | member returning from active duty must, within 90 days, renew a | ||||||
3 | permit characterized as inactive pursuant to subsection (h) of | ||||||
4 | this Section by complying with the renewal requirements of | ||||||
5 | subsection (b) of this Section. | ||||||
6 | (j) For purposes of subsections (h) and (i) of this | ||||||
7 | Section: | ||||||
8 | "Active duty" means active duty pursuant to an executive | ||||||
9 | order of the President of the United States, an act of the | ||||||
10 | Congress of the United States, or an order of the Governor. | ||||||
11 | "Service member" means a member of the Armed Services or | ||||||
12 | reserve forces of the United States or a member of the Illinois | ||||||
13 | National Guard. | ||||||
14 | (k) A private carrier employer of a school bus driver | ||||||
15 | permit holder, having satisfied the employer requirements of | ||||||
16 | this Section, shall be held to a standard of ordinary care for | ||||||
17 | intentional acts committed in the course of employment by the | ||||||
18 | bus driver permit holder. This subsection (k) shall in no way | ||||||
19 | limit the liability of the private carrier employer for | ||||||
20 | violation of any provision of this Section or for the negligent | ||||||
21 | hiring or retention of a school bus driver permit holder. | ||||||
22 | (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20 .)
| ||||||
23 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
24 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
25 | qualification standards.
|
| |||||||
| |||||||
1 | (a) Testing.
| ||||||
2 | (1) General. No person shall be issued an original or | ||||||
3 | renewal CDL
unless that person is
domiciled in this State | ||||||
4 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
5 | and 6-510 of this Code. The Secretary shall cause to be | ||||||
6 | administered such
tests as the Secretary deems necessary to | ||||||
7 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
8 | H, and J.
| ||||||
9 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
10 | an original CDL or an upgraded CDL that requires a skills | ||||||
11 | test unless that person has held a CLP, for a minimum of 14 | ||||||
12 | calendar days, for the classification of vehicle and | ||||||
13 | endorsement, if any, for which the person is seeking a CDL. | ||||||
14 | (2) Third party testing. The Secretary of State may | ||||||
15 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
16 | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| ||||||
17 | skills test or tests specified by the Federal Motor Carrier | ||||||
18 | Safety
Administration pursuant to the
Commercial Motor | ||||||
19 | Vehicle Safety Act of 1986 and any appropriate federal | ||||||
20 | rule.
| ||||||
21 | (3)(i) Effective February 7, 2020, unless the person is | ||||||
22 | exempted by 49 CFR 380.603, no person shall be issued an | ||||||
23 | original (first time issuance) CDL, an upgraded CDL or a | ||||||
24 | school bus (S), passenger (P), or hazardous Materials (H) | ||||||
25 | endorsement unless the person has successfully completed | ||||||
26 | entry-level driver training (ELDT) taught by a training |
| |||||||
| |||||||
1 | provider listed on the federal Training Provider Registry. | ||||||
2 | (ii) Persons who obtain a CLP before February 7, 2020 | ||||||
3 | are not required to complete ELDT if the person obtains a | ||||||
4 | CDL before the CLP or renewed CLP expires. | ||||||
5 | (iii) Except for persons seeking the H endorsement, | ||||||
6 | persons must complete the theory and behind-the-wheel | ||||||
7 | (range and public road) portions of ELDT within one year of | ||||||
8 | completing the first portion. | ||||||
9 | (iv) The Secretary shall adopt rules to implement this | ||||||
10 | subsection.
| ||||||
11 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
12 | the skills
test specified in this Section for a driver | ||||||
13 | applicant for a commercial driver license
who meets the | ||||||
14 | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | ||||||
15 | waive the skills tests specified in this Section for a driver | ||||||
16 | applicant who has military commercial motor vehicle | ||||||
17 | experience, subject to the requirements of 49 C.F.R. 383.77.
| ||||||
18 | (b-1) No person shall be issued a CDL unless the person | ||||||
19 | certifies to the Secretary one of the following types of | ||||||
20 | driving operations in which he or she will be engaged: | ||||||
21 | (1) non-excepted interstate; | ||||||
22 | (2) non-excepted intrastate; | ||||||
23 | (3) excepted interstate; or | ||||||
24 | (4) excepted intrastate. | ||||||
25 | (b-2) (Blank). | ||||||
26 | (c) Limitations on issuance of a CDL. A CDL shall not be |
| |||||||
| |||||||
1 | issued to a person while the person is
subject to a | ||||||
2 | disqualification from driving a commercial motor vehicle, or
| ||||||
3 | unless otherwise permitted by this Code, while the person's | ||||||
4 | driver's
license is suspended, revoked or cancelled in
any | ||||||
5 | state, or any territory or province of Canada; nor may a CLP or | ||||||
6 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
7 | other state, or foreign
jurisdiction, nor may a CDL be issued | ||||||
8 | to a person who has an Illinois CLP unless the person first | ||||||
9 | surrenders all of these
licenses or permits. However, a person | ||||||
10 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
11 | is necessary to train or practice for an endorsement or vehicle | ||||||
12 | classification not present on the current CDL. No CDL shall be | ||||||
13 | issued to or renewed for a person who does not
meet the | ||||||
14 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
15 | with
the aid of a hearing aid.
| ||||||
16 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
17 | driver endorsement
to allow a person to drive the type of bus | ||||||
18 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
19 | The CDL with a school bus driver endorsement may be
issued only | ||||||
20 | to a person meeting the following requirements:
| ||||||
21 | (1) the person has submitted his or her fingerprints to | ||||||
22 | the
Department of State Police in the form and manner
| ||||||
23 | prescribed by the Department of State Police. These
| ||||||
24 | fingerprints shall be checked against the fingerprint | ||||||
25 | records
now and hereafter filed in the Department of State | ||||||
26 | Police and
Federal Bureau of Investigation criminal |
| |||||||
| |||||||
1 | history records databases;
| ||||||
2 | (2) the person has passed a written test, administered | ||||||
3 | by the Secretary of
State, on charter bus operation, | ||||||
4 | charter bus safety, and certain special
traffic laws
| ||||||
5 | relating to school buses determined by the Secretary of | ||||||
6 | State to be relevant to
charter buses, and submitted to a | ||||||
7 | review of the driver applicant's driving
habits by the | ||||||
8 | Secretary of State at the time the written test is given;
| ||||||
9 | (3) the person has demonstrated physical fitness to | ||||||
10 | operate school buses
by
submitting the results of a medical | ||||||
11 | examination, including tests for drug
use; and
| ||||||
12 | (4) the person has not been convicted of committing or | ||||||
13 | attempting
to commit any
one or more of the following | ||||||
14 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
15 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
16 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
17 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
18 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
19 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
20 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
21 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
22 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
23 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
24 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
25 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
26 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, |
| |||||||
| |||||||
1 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
2 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
3 | 24-1.2-5, 24-1.6, 24-1.7 before the effective date of this | ||||||
4 | amendatory Act of the 101st General Assembly , 24-2.1, | ||||||
5 | 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and | ||||||
6 | 33D-1, and in subsection (b) of Section 8-1, and in | ||||||
7 | subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), | ||||||
8 | (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in | ||||||
9 | subsection (a) and subsection (b), clause (1), of Section
| ||||||
10 | 12-4, and in subsection (A), clauses (a) and (b), of | ||||||
11 | Section 24-3, and those offenses contained in Article 29D | ||||||
12 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
13 | (ii) those offenses defined in the
Cannabis Control Act | ||||||
14 | except those offenses defined in subsections (a) and
(b) of | ||||||
15 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
16 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
17 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
18 | the Methamphetamine Control and Community Protection Act; | ||||||
19 | (v) any offense committed or attempted in any other state | ||||||
20 | or against
the laws of the United States, which if | ||||||
21 | committed or attempted in this
State would be punishable as | ||||||
22 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
23 | defined in Sections 4.1 and 5.1 of the Wrongs to Children | ||||||
24 | Act or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012; (vii) those offenses defined in | ||||||
26 | Section 6-16 of the Liquor Control Act of
1934; and (viii) |
| |||||||
| |||||||
1 | those offenses defined in the Methamphetamine Precursor | ||||||
2 | Control Act.
| ||||||
3 | The Department of State Police shall charge
a fee for | ||||||
4 | conducting the criminal history records check, which shall be
| ||||||
5 | deposited into the State Police Services Fund and may not | ||||||
6 | exceed the actual
cost of the records check.
| ||||||
7 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
8 | endorsement to allow a person to drive a school bus as defined | ||||||
9 | in this Section. The CDL shall be issued according to the | ||||||
10 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
11 | operate a school bus as defined in this Section without a | ||||||
12 | school bus endorsement. The Secretary of State may adopt rules | ||||||
13 | consistent with Federal guidelines to implement this | ||||||
14 | subsection (c-2).
| ||||||
15 | (d) (Blank).
| ||||||
16 | (Source: P.A. 101-185, eff. 1-1-20 .) | ||||||
17 | Section 10. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 33A-3 as follows:
| ||||||
19 | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
| ||||||
20 | Sec. 33A-3. Sentence.
| ||||||
21 | (a) Violation of Section 33A-2(a) with a
Category I weapon | ||||||
22 | is a Class X felony for which the defendant shall be
sentenced | ||||||
23 | to a minimum term of imprisonment of 15 years.
| ||||||
24 | (a-5) Violation of Section 33A-2(a) with a Category II |
| |||||||
| |||||||
1 | weapon
is a Class X
felony for which the defendant shall be | ||||||
2 | sentenced to a minimum term of
imprisonment of 10 years.
| ||||||
3 | (b) Violation of Section 33A-2(a)
with a Category III | ||||||
4 | weapon is a Class 2 felony or the felony
classification | ||||||
5 | provided for the same act while unarmed, whichever
permits the | ||||||
6 | greater penalty. A second or subsequent violation of
Section | ||||||
7 | 33A-2(a) with a Category III weapon is a Class 1 felony
or the | ||||||
8 | felony classification provided for the same act while unarmed, | ||||||
9 | whichever
permits the greater penalty.
| ||||||
10 | (b-5) Violation of Section 33A-2(b) with a firearm that is | ||||||
11 | a Category I or
Category II
weapon is a Class X felony for | ||||||
12 | which the defendant shall be sentenced to a
minimum term of | ||||||
13 | imprisonment of 20 years.
| ||||||
14 | (b-10) Violation of Section 33A-2(c) with a firearm that is | ||||||
15 | a Category I or
Category II
weapon is a Class X felony for | ||||||
16 | which the defendant shall be sentenced to a
term of | ||||||
17 | imprisonment of not less than 25 years nor more than 40 years.
| ||||||
18 | (c) Unless sentencing under subsection (a) of Section | ||||||
19 | 5-4.5-95 of the Unified Code of Corrections (730 ILCS | ||||||
20 | 5/5-4.5-95) before the effective date of this amendatory Act of | ||||||
21 | the 101st General Assembly is applicable, any person who
| ||||||
22 | violates subsection (a) or (b) of Section 33A-2 with a
firearm, | ||||||
23 | when that person has been convicted in any state or federal | ||||||
24 | court
of 3 or more of the following offenses: treason, first | ||||||
25 | degree murder, second
degree murder, predatory criminal sexual | ||||||
26 | assault of a child, aggravated
criminal sexual assault, |
| |||||||
| |||||||
1 | criminal sexual assault,
robbery, burglary, arson, kidnaping, | ||||||
2 | aggravated battery resulting in great
bodily harm or permanent | ||||||
3 | disability or disfigurement, a violation of the | ||||||
4 | Methamphetamine Control and Community Protection Act, or a | ||||||
5 | violation of Section
401(a) of the Illinois Controlled | ||||||
6 | Substances Act,
when the third offense was committed after | ||||||
7 | conviction on the second, the second
offense was committed | ||||||
8 | after conviction on the first, and the violation of
Section | ||||||
9 | 33A-2 was committed after conviction on the third, shall be | ||||||
10 | sentenced
to a term of imprisonment of not less than 25 years | ||||||
11 | nor more than 50
years.
| ||||||
12 | (c-5) Except as otherwise provided in paragraph (b-10) or | ||||||
13 | (c) of this
Section, a person who violates Section 33A-2(a) | ||||||
14 | with a firearm that is a
Category I weapon or
Section 33A-2(b) | ||||||
15 | in any school, in any conveyance owned, leased, or contracted
| ||||||
16 | by a school to transport students to or from school or a school | ||||||
17 | related
activity, or on the real property comprising any school | ||||||
18 | or public park, and
where
the offense was related to the | ||||||
19 | activities of an organized gang, shall be
sentenced to a term | ||||||
20 | of imprisonment of not less than the term set forth in
| ||||||
21 | subsection (a) or (b-5) of this Section, whichever is | ||||||
22 | applicable, and not more
than 30 years. For the purposes of | ||||||
23 | this subsection (c-5), "organized gang" has
the meaning | ||||||
24 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
25 | Terrorism
Omnibus Prevention Act.
| ||||||
26 | (d) For armed violence based upon a predicate offense |
| |||||||
| |||||||
1 | listed in this
subsection (d) the court
shall enter the | ||||||
2 | sentence for armed violence to run consecutively to the
| ||||||
3 | sentence imposed for the predicate offense. The offenses | ||||||
4 | covered by this
provision are:
| ||||||
5 | (i) solicitation of murder,
| ||||||
6 | (ii) solicitation of murder for hire,
| ||||||
7 | (iii) heinous battery as described in Section 12-4.1 or | ||||||
8 | subdivision (a)(2) of Section 12-3.05,
| ||||||
9 | (iv) aggravated battery of a senior citizen as | ||||||
10 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
11 | Section 12-3.05,
| ||||||
12 | (v) (blank),
| ||||||
13 | (vi) a violation of subsection (g) of Section 5 of the | ||||||
14 | Cannabis Control
Act,
| ||||||
15 | (vii) cannabis trafficking,
| ||||||
16 | (viii) a violation of subsection (a) of Section 401 of | ||||||
17 | the Illinois
Controlled Substances Act,
| ||||||
18 | (ix) controlled substance trafficking involving a | ||||||
19 | Class X felony amount of
controlled substance under Section | ||||||
20 | 401 of the Illinois Controlled Substances
Act,
| ||||||
21 | (x) calculated criminal drug conspiracy,
| ||||||
22 | (xi) streetgang criminal drug conspiracy, or | ||||||
23 | (xii) a violation of the Methamphetamine Control and | ||||||
24 | Community Protection Act.
| ||||||
25 | (Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; | ||||||
26 | 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-1.7 rep.) | ||||||
2 | Section 15. The Criminal Code of 2012 is amended by | ||||||
3 | repealing Section 24-1.7. | ||||||
4 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 111-3 as follows:
| ||||||
6 | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
| ||||||
7 | Sec. 111-3. Form of charge.
| ||||||
8 | (a) A charge shall be in writing and allege the commission | ||||||
9 | of an
offense by:
| ||||||
10 | (1) Stating the name of the offense;
| ||||||
11 | (2) Citing the statutory provision alleged to have been | ||||||
12 | violated;
| ||||||
13 | (3) Setting forth the nature and elements of the | ||||||
14 | offense charged;
| ||||||
15 | (4) Stating the date and county of the offense as | ||||||
16 | definitely as can be
done; and
| ||||||
17 | (5) Stating the name of the accused, if known, and if | ||||||
18 | not known,
designate the accused by any name or description | ||||||
19 | by which he can be
identified with reasonable certainty.
| ||||||
20 | (a-5) If the victim is alleged to have been subjected to an | ||||||
21 | offense involving an illegal sexual act including, but not | ||||||
22 | limited to, a sexual offense defined in Article 11 or Section | ||||||
23 | 10-9 of the Criminal Code of 2012, the charge shall state the |
| |||||||
| |||||||
1 | identity of the victim by name, initials, or description. | ||||||
2 | (b) An indictment shall be signed by the foreman of the | ||||||
3 | Grand Jury and
an information shall be signed by the State's | ||||||
4 | Attorney and sworn to by him
or another. A complaint shall be | ||||||
5 | sworn to and signed by the complainant; provided, that when a | ||||||
6 | peace officer observes the commission of a misdemeanor
and is | ||||||
7 | the complaining witness, the signing of the complaint by the | ||||||
8 | peace
officer is sufficient to charge the defendant with the | ||||||
9 | commission of the
offense, and the complaint need not be sworn | ||||||
10 | to if the officer signing the
complaint certifies that the | ||||||
11 | statements set forth in the complaint are true and
correct and | ||||||
12 | are subject to the penalties provided by law for false
| ||||||
13 | certification
under Section 1-109 of the Code of Civil | ||||||
14 | Procedure and perjury under Section
32-2 of the Criminal Code | ||||||
15 | of 2012; and further provided, however, that when a citation is | ||||||
16 | issued on a Uniform Traffic
Ticket or Uniform Conservation | ||||||
17 | Ticket (in a form prescribed by the
Conference of Chief Circuit | ||||||
18 | Judges and filed with the Supreme Court), the
copy of such | ||||||
19 | Uniform Ticket which is filed with the circuit court
| ||||||
20 | constitutes a complaint to which the defendant may plead, | ||||||
21 | unless he
specifically requests that a verified complaint be | ||||||
22 | filed.
| ||||||
23 | (c) When the State seeks an enhanced sentence because of a | ||||||
24 | prior
conviction, the charge shall also state the intention to | ||||||
25 | seek an enhanced
sentence and shall state such prior conviction | ||||||
26 | so as to give notice to the
defendant. However, the fact of |
| |||||||
| |||||||
1 | such prior conviction and the State's
intention to seek an | ||||||
2 | enhanced sentence are not elements of the offense and
may not | ||||||
3 | be disclosed to the jury during trial unless otherwise | ||||||
4 | permitted by
issues properly raised during such trial.
For the | ||||||
5 | purposes of this Section, "enhanced sentence" means a sentence
| ||||||
6 | which is increased by a prior conviction from one | ||||||
7 | classification of offense
to another higher level | ||||||
8 | classification of offense set forth in Section
5-4.5-10
of the | ||||||
9 | Unified Code of Corrections (730 ILCS 5/5-4.5-10) ; it does not | ||||||
10 | include an increase in the sentence applied within the
same | ||||||
11 | level of classification of offense.
| ||||||
12 | (c-5) Notwithstanding any other provision of law, in all | ||||||
13 | cases in which
the
imposition of the death penalty is not a | ||||||
14 | possibility, if an alleged fact (other
than the fact of a prior | ||||||
15 | conviction) is not an element of an offense but is
sought to be | ||||||
16 | used to increase the range of penalties for the offense beyond | ||||||
17 | the
statutory maximum that could otherwise be imposed for the | ||||||
18 | offense, the alleged
fact must be included in the charging | ||||||
19 | instrument or otherwise provided to the
defendant through a | ||||||
20 | written notification before trial, submitted to a trier
of fact | ||||||
21 | as an aggravating factor, and proved beyond a reasonable doubt.
| ||||||
22 | Failure to prove the fact beyond a reasonable doubt is not a | ||||||
23 | bar to a
conviction
for commission of the offense, but is a bar | ||||||
24 | to increasing, based on that fact,
the range of penalties for | ||||||
25 | the offense beyond the statutory maximum that could
otherwise | ||||||
26 | be imposed for that offense. Nothing in this subsection (c-5)
|
| |||||||
| |||||||
1 | requires the
imposition of a sentence that increases the range | ||||||
2 | of penalties for the offense
beyond the statutory maximum that | ||||||
3 | could otherwise be imposed for the offense if
the imposition of | ||||||
4 | that sentence is not required by law.
| ||||||
5 | (d) At any time prior to trial, the State on motion shall | ||||||
6 | be permitted
to amend the charge, whether brought by | ||||||
7 | indictment, information or
complaint, to make the charge comply | ||||||
8 | with subsection (c) or (c-5) of this
Section. Nothing in | ||||||
9 | Section 103-5 of this Code precludes such an
amendment or a | ||||||
10 | written notification made in accordance with subsection (c-5) | ||||||
11 | of
this Section.
| ||||||
12 | (e) The provisions of subsection (a) of Section 5-4.5-95 of | ||||||
13 | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
before | ||||||
14 | its repeal on the effective date of this amendatory Act of the | ||||||
15 | 101st General Assembly shall not be affected by this Section.
| ||||||
16 | (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
| ||||||
17 | Section 25. The Unified Code of Corrections is amended by | ||||||
18 | changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
| ||||||
19 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
20 | Sec. 3-2-2. Powers and duties of the Department.
| ||||||
21 | (1) In addition to the powers, duties, and responsibilities | ||||||
22 | which are
otherwise provided by law, the Department shall have | ||||||
23 | the following powers:
| ||||||
24 | (a) To accept persons committed to it by the courts of |
| |||||||
| |||||||
1 | this State for
care, custody, treatment and | ||||||
2 | rehabilitation, and to accept federal prisoners and aliens | ||||||
3 | over whom the Office of the Federal Detention Trustee is | ||||||
4 | authorized to exercise the federal detention function for | ||||||
5 | limited purposes and periods of time.
| ||||||
6 | (b) To develop and maintain reception and evaluation | ||||||
7 | units for purposes
of analyzing the custody and | ||||||
8 | rehabilitation needs of persons committed to
it and to | ||||||
9 | assign such persons to institutions and programs under its | ||||||
10 | control
or transfer them to other appropriate agencies. In | ||||||
11 | consultation with the
Department of Alcoholism and | ||||||
12 | Substance Abuse (now the Department of Human
Services), the | ||||||
13 | Department of Corrections
shall develop a master plan for | ||||||
14 | the screening and evaluation of persons
committed to its | ||||||
15 | custody who have alcohol or drug abuse problems, and for
| ||||||
16 | making appropriate treatment available to such persons; | ||||||
17 | the Department
shall report to the General Assembly on such | ||||||
18 | plan not later than April 1,
1987. The maintenance and | ||||||
19 | implementation of such plan shall be contingent
upon the | ||||||
20 | availability of funds.
| ||||||
21 | (b-1) To create and implement, on January 1, 2002, a | ||||||
22 | pilot
program to
establish the effectiveness of | ||||||
23 | pupillometer technology (the measurement of the
pupil's
| ||||||
24 | reaction to light) as an alternative to a urine test for | ||||||
25 | purposes of screening
and evaluating
persons committed to | ||||||
26 | its custody who have alcohol or drug problems. The
pilot |
| |||||||
| |||||||
1 | program shall require the pupillometer technology to be | ||||||
2 | used in at
least one Department of
Corrections facility. | ||||||
3 | The Director may expand the pilot program to include an
| ||||||
4 | additional facility or
facilities as he or she deems | ||||||
5 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
6 | the pilot program.
The
Department must report to the
| ||||||
7 | General Assembly on the
effectiveness of the program by | ||||||
8 | January 1, 2003.
| ||||||
9 | (b-5) To develop, in consultation with the Department | ||||||
10 | of State Police, a
program for tracking and evaluating each | ||||||
11 | inmate from commitment through release
for recording his or | ||||||
12 | her gang affiliations, activities, or ranks.
| ||||||
13 | (c) To maintain and administer all State correctional | ||||||
14 | institutions and
facilities under its control and to | ||||||
15 | establish new ones as needed. Pursuant
to its power to | ||||||
16 | establish new institutions and facilities, the Department
| ||||||
17 | may, with the written approval of the Governor, authorize | ||||||
18 | the Department of
Central Management Services to enter into | ||||||
19 | an agreement of the type
described in subsection (d) of | ||||||
20 | Section 405-300 of the
Department
of Central Management | ||||||
21 | Services Law (20 ILCS 405/405-300) . The Department shall
| ||||||
22 | designate those institutions which
shall constitute the | ||||||
23 | State Penitentiary System.
| ||||||
24 | Pursuant to its power to establish new institutions and | ||||||
25 | facilities, the
Department may authorize the Department of | ||||||
26 | Central Management Services to
accept bids from counties |
| |||||||
| |||||||
1 | and municipalities for the construction,
remodeling or | ||||||
2 | conversion of a structure to be leased to the Department of
| ||||||
3 | Corrections for the purposes of its serving as a | ||||||
4 | correctional institution
or facility. Such construction, | ||||||
5 | remodeling or conversion may be financed
with revenue bonds | ||||||
6 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
7 | by the municipality or county. The lease specified in a bid | ||||||
8 | shall be
for a term of not less than the time needed to | ||||||
9 | retire any revenue bonds
used to finance the project, but | ||||||
10 | not to exceed 40 years. The lease may
grant to the State | ||||||
11 | the option to purchase the structure outright.
| ||||||
12 | Upon receipt of the bids, the Department may certify | ||||||
13 | one or more of the
bids and shall submit any such bids to | ||||||
14 | the General Assembly for approval.
Upon approval of a bid | ||||||
15 | by a constitutional majority of both houses of the
General | ||||||
16 | Assembly, pursuant to joint resolution, the Department of | ||||||
17 | Central
Management Services may enter into an agreement | ||||||
18 | with the county or
municipality pursuant to such bid.
| ||||||
19 | (c-5) To build and maintain regional juvenile | ||||||
20 | detention centers and to
charge a per diem to the counties | ||||||
21 | as established by the Department to defray
the costs of | ||||||
22 | housing each minor in a center. In this subsection (c-5),
| ||||||
23 | "juvenile
detention center" means a facility to house | ||||||
24 | minors during pendency of trial who
have been transferred | ||||||
25 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
26 | prosecutions under the criminal laws of this State in |
| |||||||
| |||||||
1 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
2 | 1987, whether the transfer was by operation
of
law or | ||||||
3 | permissive under that Section. The Department shall | ||||||
4 | designate the
counties to be served by each regional | ||||||
5 | juvenile detention center.
| ||||||
6 | (d) To develop and maintain programs of control, | ||||||
7 | rehabilitation and
employment of committed persons within | ||||||
8 | its institutions.
| ||||||
9 | (d-5) To provide a pre-release job preparation program | ||||||
10 | for inmates at Illinois adult correctional centers.
| ||||||
11 | (d-10) To provide educational and visitation | ||||||
12 | opportunities to committed persons within its institutions | ||||||
13 | through temporary access to content-controlled tablets | ||||||
14 | that may be provided as a privilege to committed persons to | ||||||
15 | induce or reward compliance. | ||||||
16 | (e) To establish a system of supervision and guidance | ||||||
17 | of committed persons
in the community.
| ||||||
18 | (f) To establish in cooperation with the Department of | ||||||
19 | Transportation
to supply a sufficient number of prisoners | ||||||
20 | for use by the Department of
Transportation to clean up the | ||||||
21 | trash and garbage along State, county,
township, or | ||||||
22 | municipal highways as designated by the Department of
| ||||||
23 | Transportation. The Department of Corrections, at the | ||||||
24 | request of the
Department of Transportation, shall furnish | ||||||
25 | such prisoners at least
annually for a period to be agreed | ||||||
26 | upon between the Director of
Corrections and the Secretary |
| |||||||
| |||||||
1 | of Transportation. The prisoners used on this
program shall | ||||||
2 | be selected by the Director of Corrections on whatever | ||||||
3 | basis
he deems proper in consideration of their term, | ||||||
4 | behavior and earned eligibility
to participate in such | ||||||
5 | program - where they will be outside of the prison
facility | ||||||
6 | but still in the custody of the Department of Corrections. | ||||||
7 | Prisoners
convicted of first degree murder, or a Class X | ||||||
8 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
9 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
10 | or a subsequent conviction for criminal sexual abuse, or | ||||||
11 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
12 | Habitual Criminal before the effective date of this | ||||||
13 | amendatory Act of the 101st General Assembly shall not be
| ||||||
14 | eligible for selection to participate in such program. The | ||||||
15 | prisoners shall
remain as prisoners in the custody of the | ||||||
16 | Department of Corrections and such
Department shall | ||||||
17 | furnish whatever security is necessary. The Department of
| ||||||
18 | Transportation shall furnish trucks and equipment for the | ||||||
19 | highway cleanup
program and personnel to supervise and | ||||||
20 | direct the program. Neither the
Department of Corrections | ||||||
21 | nor the Department of Transportation shall replace
any | ||||||
22 | regular employee with a prisoner.
| ||||||
23 | (g) To maintain records of persons committed to it and | ||||||
24 | to establish
programs of research, statistics and | ||||||
25 | planning.
| ||||||
26 | (h) To investigate the grievances of any person |
| |||||||
| |||||||
1 | committed to the
Department and to inquire into any alleged | ||||||
2 | misconduct by employees
or committed persons; and for
these | ||||||
3 | purposes it may issue subpoenas and compel the attendance | ||||||
4 | of witnesses
and the production of writings and papers, and | ||||||
5 | may examine under oath any
witnesses who may appear before | ||||||
6 | it; to also investigate alleged violations
of a parolee's | ||||||
7 | or releasee's conditions of parole or release; and for this
| ||||||
8 | purpose it may issue subpoenas and compel the attendance of | ||||||
9 | witnesses and
the production of documents only if there is | ||||||
10 | reason to believe that such
procedures would provide | ||||||
11 | evidence that such violations have occurred.
| ||||||
12 | If any person fails to obey a subpoena issued under | ||||||
13 | this subsection,
the Director may apply to any circuit | ||||||
14 | court to secure compliance with the
subpoena. The failure | ||||||
15 | to comply with the order of the court issued in
response | ||||||
16 | thereto shall be punishable as contempt of court.
| ||||||
17 | (i) To appoint and remove the chief administrative | ||||||
18 | officers, and
administer
programs of training and | ||||||
19 | development of personnel of the Department. Personnel
| ||||||
20 | assigned by the Department to be responsible for the
| ||||||
21 | custody and control of committed persons or to investigate | ||||||
22 | the alleged
misconduct of committed persons or employees or | ||||||
23 | alleged violations of a
parolee's or releasee's conditions | ||||||
24 | of parole shall be conservators of the peace
for those | ||||||
25 | purposes, and shall have the full power of peace officers | ||||||
26 | outside
of the facilities of the Department in the |
| |||||||
| |||||||
1 | protection, arrest, retaking
and reconfining of committed | ||||||
2 | persons or where the exercise of such power
is necessary to | ||||||
3 | the investigation of such misconduct or violations. This | ||||||
4 | subsection shall not apply to persons committed to the | ||||||
5 | Department of Juvenile Justice under the Juvenile Court Act | ||||||
6 | of 1987 on aftercare release.
| ||||||
7 | (j) To cooperate with other departments and agencies | ||||||
8 | and with local
communities for the development of standards | ||||||
9 | and programs for better
correctional services in this | ||||||
10 | State.
| ||||||
11 | (k) To administer all moneys and properties of the | ||||||
12 | Department.
| ||||||
13 | (l) To report annually to the Governor on the committed
| ||||||
14 | persons, institutions and programs of the Department.
| ||||||
15 | (l-5) (Blank).
| ||||||
16 | (m) To make all rules and regulations and exercise all | ||||||
17 | powers and duties
vested by law in the Department.
| ||||||
18 | (n) To establish rules and regulations for | ||||||
19 | administering a system of
sentence credits, established in | ||||||
20 | accordance with Section 3-6-3, subject
to review by the | ||||||
21 | Prisoner Review Board.
| ||||||
22 | (o) To administer the distribution of funds
from the | ||||||
23 | State Treasury to reimburse counties where State penal
| ||||||
24 | institutions are located for the payment of assistant | ||||||
25 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
26 | Counties Code.
|
| |||||||
| |||||||
1 | (p) To exchange information with the Department of | ||||||
2 | Human Services and the
Department of Healthcare and Family | ||||||
3 | Services
for the purpose of verifying living arrangements | ||||||
4 | and for other purposes
directly connected with the | ||||||
5 | administration of this Code and the Illinois
Public Aid | ||||||
6 | Code.
| ||||||
7 | (q) To establish a diversion program.
| ||||||
8 | The program shall provide a structured environment for | ||||||
9 | selected
technical parole or mandatory supervised release | ||||||
10 | violators and committed
persons who have violated the rules | ||||||
11 | governing their conduct while in work
release. This program | ||||||
12 | shall not apply to those persons who have committed
a new | ||||||
13 | offense while serving on parole or mandatory supervised | ||||||
14 | release or
while committed to work release.
| ||||||
15 | Elements of the program shall include, but shall not be | ||||||
16 | limited to, the
following:
| ||||||
17 | (1) The staff of a diversion facility shall provide | ||||||
18 | supervision in
accordance with required objectives set | ||||||
19 | by the facility.
| ||||||
20 | (2) Participants shall be required to maintain | ||||||
21 | employment.
| ||||||
22 | (3) Each participant shall pay for room and board | ||||||
23 | at the facility on a
sliding-scale basis according to | ||||||
24 | the participant's income.
| ||||||
25 | (4) Each participant shall:
| ||||||
26 | (A) provide restitution to victims in |
| |||||||
| |||||||
1 | accordance with any court order;
| ||||||
2 | (B) provide financial support to his | ||||||
3 | dependents; and
| ||||||
4 | (C) make appropriate payments toward any other | ||||||
5 | court-ordered
obligations.
| ||||||
6 | (5) Each participant shall complete community | ||||||
7 | service in addition to
employment.
| ||||||
8 | (6) Participants shall take part in such | ||||||
9 | counseling, educational and
other programs as the | ||||||
10 | Department may deem appropriate.
| ||||||
11 | (7) Participants shall submit to drug and alcohol | ||||||
12 | screening.
| ||||||
13 | (8) The Department shall promulgate rules | ||||||
14 | governing the administration
of the program.
| ||||||
15 | (r) To enter into intergovernmental cooperation | ||||||
16 | agreements under which
persons in the custody of the | ||||||
17 | Department may participate in a county impact
| ||||||
18 | incarceration program established under Section 3-6038 or | ||||||
19 | 3-15003.5 of the
Counties Code.
| ||||||
20 | (r-5) (Blank).
| ||||||
21 | (r-10) To systematically and routinely identify with | ||||||
22 | respect to each
streetgang active within the correctional | ||||||
23 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
24 | affiliation or alliance; and (3) the current leaders
in | ||||||
25 | each gang. The Department shall promptly segregate leaders | ||||||
26 | from inmates who
belong to their gangs and allied gangs. |
| |||||||
| |||||||
1 | "Segregate" means no physical contact
and, to the extent | ||||||
2 | possible under the conditions and space available at the
| ||||||
3 | correctional facility, prohibition of visual and sound | ||||||
4 | communication. For the
purposes of this paragraph (r-10), | ||||||
5 | "leaders" means persons who:
| ||||||
6 | (i) are members of a criminal streetgang;
| ||||||
7 | (ii) with respect to other individuals within the | ||||||
8 | streetgang, occupy a
position of organizer, | ||||||
9 | supervisor, or other position of management or
| ||||||
10 | leadership; and
| ||||||
11 | (iii) are actively and personally engaged in | ||||||
12 | directing, ordering,
authorizing, or requesting | ||||||
13 | commission of criminal acts by others, which are
| ||||||
14 | punishable as a felony, in furtherance of streetgang | ||||||
15 | related activity both
within and outside of the | ||||||
16 | Department of Corrections.
| ||||||
17 | "Streetgang", "gang", and "streetgang related" have the | ||||||
18 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
19 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
20 | (s) To operate a super-maximum security institution, | ||||||
21 | in order to
manage and
supervise inmates who are disruptive | ||||||
22 | or dangerous and provide for the safety
and security of the | ||||||
23 | staff and the other inmates.
| ||||||
24 | (t) To monitor any unprivileged conversation or any | ||||||
25 | unprivileged
communication, whether in person or by mail, | ||||||
26 | telephone, or other means,
between an inmate who, before |
| |||||||
| |||||||
1 | commitment to the Department, was a member of an
organized | ||||||
2 | gang and any other person without the need to show cause or | ||||||
3 | satisfy
any other requirement of law before beginning the | ||||||
4 | monitoring, except as
constitutionally required. The | ||||||
5 | monitoring may be by video, voice, or other
method of | ||||||
6 | recording or by any other means. As used in this | ||||||
7 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
8 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
9 | Terrorism Omnibus Prevention Act.
| ||||||
10 | As used in this subdivision (1)(t), "unprivileged | ||||||
11 | conversation" or
"unprivileged communication" means a | ||||||
12 | conversation or communication that is not
protected by any | ||||||
13 | privilege recognized by law or by decision, rule, or order | ||||||
14 | of
the Illinois Supreme Court.
| ||||||
15 | (u) To establish a Women's and Children's Pre-release | ||||||
16 | Community
Supervision
Program for the purpose of providing | ||||||
17 | housing and services to eligible female
inmates, as | ||||||
18 | determined by the Department, and their newborn and young
| ||||||
19 | children.
| ||||||
20 | (u-5) To issue an order, whenever a person committed to | ||||||
21 | the Department absconds or absents himself or herself, | ||||||
22 | without authority to do so, from any facility or program to | ||||||
23 | which he or she is assigned. The order shall be certified | ||||||
24 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
25 | or any person duly designated by the Director, with the | ||||||
26 | seal of the Department affixed. The order shall be directed |
| |||||||
| |||||||
1 | to all sheriffs, coroners, and police officers, or to any | ||||||
2 | particular person named in the order. Any order issued | ||||||
3 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
4 | warrant for the officer or person named in the order to | ||||||
5 | arrest and deliver the committed person to the proper | ||||||
6 | correctional officials and shall be executed the same as | ||||||
7 | criminal process. | ||||||
8 | (v) To do all other acts necessary to carry out the | ||||||
9 | provisions
of this Chapter.
| ||||||
10 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
11 | consider
building and operating a correctional facility within | ||||||
12 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
13 | a facility designed to house juvenile
participants in the | ||||||
14 | impact incarceration program.
| ||||||
15 | (3) When the Department lets bids for contracts for medical
| ||||||
16 | services to be provided to persons committed to Department | ||||||
17 | facilities by
a health maintenance organization, medical | ||||||
18 | service corporation, or other
health care provider, the bid may | ||||||
19 | only be let to a health care provider
that has obtained an | ||||||
20 | irrevocable letter of credit or performance bond
issued by a | ||||||
21 | company whose bonds have an investment grade or higher rating | ||||||
22 | by a bond rating
organization.
| ||||||
23 | (4) When the Department lets bids for
contracts for food or | ||||||
24 | commissary services to be provided to
Department facilities, | ||||||
25 | the bid may only be let to a food or commissary
services | ||||||
26 | provider that has obtained an irrevocable letter of
credit or |
| |||||||
| |||||||
1 | performance bond issued by a company whose bonds have an | ||||||
2 | investment grade or higher rating by a bond rating | ||||||
3 | organization.
| ||||||
4 | (5) On and after the date 6 months after August 16, 2013 | ||||||
5 | (the effective date of Public Act 98-488), as provided in the | ||||||
6 | Executive Order 1 (2012) Implementation Act, all of the powers, | ||||||
7 | duties, rights, and responsibilities related to State | ||||||
8 | healthcare purchasing under this Code that were transferred | ||||||
9 | from the Department of Corrections to the Department of | ||||||
10 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
11 | transferred back to the Department of Corrections; however, | ||||||
12 | powers, duties, rights, and responsibilities related to State | ||||||
13 | healthcare purchasing under this Code that were exercised by | ||||||
14 | the Department of Corrections before the effective date of | ||||||
15 | Executive Order 3 (2005) but that pertain to individuals | ||||||
16 | resident in facilities operated by the Department of Juvenile | ||||||
17 | Justice are transferred to the Department of Juvenile Justice. | ||||||
18 | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
19 | 101-235, eff. 1-1-20 .)
| ||||||
20 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| ||||||
21 | Sec. 3-3-3. Eligibility for parole or release.
| ||||||
22 | (a) Except for those offenders who accept the fixed release
| ||||||
23 | date established by the Prisoner Review Board under Section
| ||||||
24 | 3-3-2.1, every person serving a term of imprisonment under
the | ||||||
25 | law in effect prior to the effective date of this
amendatory |
| |||||||
| |||||||
1 | Act of 1977 shall be eligible for parole when
he or she has | ||||||
2 | served:
| ||||||
3 | (1) the minimum term of an indeterminate sentence less
| ||||||
4 | time credit for good behavior, or 20 years less time credit
| ||||||
5 | for good behavior, whichever is less; or
| ||||||
6 | (2) 20 years of a life sentence less time credit for | ||||||
7 | good behavior; or
| ||||||
8 | (3) 20 years or one-third of a determinate sentence,
| ||||||
9 | whichever is less, less time credit for good behavior.
| ||||||
10 | (b) No person sentenced under this amendatory Act of 1977 | ||||||
11 | or who accepts
a release date under Section 3-3-2.1 shall be | ||||||
12 | eligible for parole.
| ||||||
13 | (c) Except for those sentenced to a term of natural
life | ||||||
14 | imprisonment, every person sentenced to imprisonment
under | ||||||
15 | this amendatory Act of 1977 or given a release date
under | ||||||
16 | Section 3-3-2.1 of this Act shall serve the full term
of a | ||||||
17 | determinate sentence less time credit for good behavior
and | ||||||
18 | shall then be released under the mandatory supervised
release | ||||||
19 | provisions of paragraph (d) of Section 5-8-1 of this Code.
| ||||||
20 | (d) No person serving a term of natural life imprisonment | ||||||
21 | may be paroled
or released except through executive clemency.
| ||||||
22 | (d-5) Notwithstanding any provision of law to the contrary, | ||||||
23 | a person convicted under Section 24-1.7 of the Criminal Code of | ||||||
24 | 2012 or Section 5-4.5-95 of this Code before their repeal on | ||||||
25 | the effective date of this amendatory Act of the 101st General | ||||||
26 | Assembly shall not be eligible for consideration of conditions |
| |||||||
| |||||||
1 | of parole or mandatory supervised release if any of his or her | ||||||
2 | convictions under those statutes were for first degree murder, | ||||||
3 | second degree murder, or any offense under Article 11 of the | ||||||
4 | Criminal Code of 2012 or the Criminal Code of 1961. | ||||||
5 | (e) Every person committed to the Department of Juvenile | ||||||
6 | Justice under the Juvenile
Court Act
of 1987 and confined in | ||||||
7 | the State correctional
institutions or facilities if such | ||||||
8 | juvenile has not been
tried as an adult shall be eligible for | ||||||
9 | aftercare release under Section 3-2.5-85 of this Code.
However, | ||||||
10 | if a juvenile has been tried as an adult he or she shall
only be | ||||||
11 | eligible for parole or mandatory supervised release
as an adult | ||||||
12 | under this Section.
| ||||||
13 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| ||||||
14 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
15 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
16 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
17 | and regulations for awarding and revoking sentence credit for | ||||||
18 | persons committed to the Department which shall
be subject to | ||||||
19 | review by the Prisoner Review Board.
| ||||||
20 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
21 | awarded for the following: | ||||||
22 | (A) successful completion of programming while in | ||||||
23 | custody of the Department or while in custody prior to | ||||||
24 | sentencing; | ||||||
25 | (B) compliance with the rules and regulations of the |
| |||||||
| |||||||
1 | Department; or | ||||||
2 | (C) service to the institution, service to a community, | ||||||
3 | or service to the State. | ||||||
4 | (2) 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 offenses listed in clause (i), | ||||||
7 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
8 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
9 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
10 | effective date of Public Act 94-71) or with
respect to offense | ||||||
11 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
12 | effective date of Public Act 95-625) but before the effective | ||||||
13 | date of this amendatory Act of the 101st General Assembly
or | ||||||
14 | with respect to the offense of being an armed habitual criminal | ||||||
15 | committed on or after August 2, 2005 (the effective date of | ||||||
16 | Public Act 94-398) or with respect to the offenses listed in | ||||||
17 | clause (v) of this paragraph (2) committed on or after August | ||||||
18 | 13, 2007 (the effective date of Public Act 95-134) or with | ||||||
19 | respect to the offense of aggravated domestic battery committed | ||||||
20 | on or after July 23, 2010 (the effective date of Public Act | ||||||
21 | 96-1224) or with respect to the offense of attempt to commit | ||||||
22 | terrorism committed on or after January 1, 2013 (the effective | ||||||
23 | date of Public Act 97-990), the following:
| ||||||
24 | (i) that a prisoner who is serving a term of | ||||||
25 | imprisonment for first
degree murder or for the offense of | ||||||
26 | terrorism shall receive no sentence
credit and shall serve |
| |||||||
| |||||||
1 | the entire
sentence imposed by the court;
| ||||||
2 | (ii) that a prisoner serving a sentence for attempt to | ||||||
3 | commit terrorism, attempt to commit first
degree murder, | ||||||
4 | solicitation of murder, solicitation of murder for hire,
| ||||||
5 | intentional homicide of an unborn child, predatory | ||||||
6 | criminal sexual assault of a
child, aggravated criminal | ||||||
7 | sexual assault, criminal sexual assault, aggravated
| ||||||
8 | kidnapping, aggravated battery with a firearm as described | ||||||
9 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
10 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
11 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
12 | being an armed habitual criminal before the effective date | ||||||
13 | of this amendatory Act of the 101st General Assembly , | ||||||
14 | aggravated
battery of a senior citizen as described in | ||||||
15 | Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||||||
16 | aggravated battery of a child as described in Section | ||||||
17 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
18 | receive no
more than 4.5 days of sentence credit for each | ||||||
19 | month of his or her sentence
of imprisonment;
| ||||||
20 | (iii) that a prisoner serving a sentence
for home | ||||||
21 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
22 | aggravated discharge of a firearm, or armed violence with a | ||||||
23 | category I weapon
or category II weapon, when the court
has | ||||||
24 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
25 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
26 | conviction for the enumerated offense
resulted in great |
| |||||||
| |||||||
1 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
2 | days
of sentence credit for each month of his or her | ||||||
3 | sentence of imprisonment;
| ||||||
4 | (iv) that a prisoner serving a sentence for aggravated | ||||||
5 | discharge of a firearm, whether or not the conduct leading | ||||||
6 | to conviction for the offense resulted in great bodily harm | ||||||
7 | to the victim, shall receive no more than 4.5 days of | ||||||
8 | sentence credit for each month of his or her sentence of | ||||||
9 | imprisonment;
| ||||||
10 | (v) that a person serving a sentence for gunrunning, | ||||||
11 | narcotics racketeering, controlled substance trafficking, | ||||||
12 | methamphetamine trafficking, drug-induced homicide, | ||||||
13 | aggravated methamphetamine-related child endangerment, | ||||||
14 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
15 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, or a Class X felony conviction for delivery | ||||||
17 | of a controlled substance, possession of a controlled | ||||||
18 | substance with intent to manufacture or deliver, | ||||||
19 | calculated criminal drug conspiracy, criminal drug | ||||||
20 | conspiracy, street gang criminal drug conspiracy, | ||||||
21 | participation in methamphetamine manufacturing, aggravated | ||||||
22 | participation in methamphetamine manufacturing, delivery | ||||||
23 | of methamphetamine, possession with intent to deliver | ||||||
24 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
25 | aggravated possession with intent to deliver | ||||||
26 | methamphetamine, methamphetamine conspiracy when the |
| |||||||
| |||||||
1 | substance containing the controlled substance or | ||||||
2 | methamphetamine is 100 grams or more shall receive no more | ||||||
3 | than 7.5 days sentence credit for each month of his or her | ||||||
4 | sentence of imprisonment;
| ||||||
5 | (vi)
that a prisoner serving a sentence for a second or | ||||||
6 | subsequent offense of luring a minor shall receive no more | ||||||
7 | than 4.5 days of sentence credit for each month of his or | ||||||
8 | her sentence of imprisonment; and
| ||||||
9 | (vii) that a prisoner serving a sentence for aggravated | ||||||
10 | domestic battery shall receive no more than 4.5 days of | ||||||
11 | sentence credit for each month of his or her sentence of | ||||||
12 | imprisonment. | ||||||
13 | (2.1) For all offenses, other than those enumerated in | ||||||
14 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
15 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
16 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
17 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
18 | (the effective date of Public Act 95-134)
or subdivision | ||||||
19 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
20 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
21 | on or after July 23, 2010 (the effective date of Public Act | ||||||
22 | 96-1224), and other than the offense of aggravated driving | ||||||
23 | under the influence of alcohol, other drug or drugs, or
| ||||||
24 | intoxicating compound or compounds, or any combination thereof | ||||||
25 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
26 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other |
| |||||||
| |||||||
1 | than the offense of aggravated driving under the influence of | ||||||
2 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
3 | compounds, or any combination
thereof as defined in | ||||||
4 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
5 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
6 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
7 | rules and regulations shall
provide that a prisoner who is | ||||||
8 | serving a term of
imprisonment shall receive one day of | ||||||
9 | sentence credit for each day of
his or her sentence of | ||||||
10 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
11 | sentence credit shall reduce by one day the prisoner's period
| ||||||
12 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
13 | (2.2) A prisoner serving a term of natural life | ||||||
14 | imprisonment or a
prisoner who has been sentenced to death | ||||||
15 | shall receive no sentence
credit.
| ||||||
16 | (2.3) 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 driving under the influence of alcohol,
other drug | ||||||
20 | or drugs, or intoxicating compound or compounds, or any | ||||||
21 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
22 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
23 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
24 | for each month of his or her sentence of
imprisonment.
| ||||||
25 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
26 | subsection (a), the rules and regulations on sentence credit |
| |||||||
| |||||||
1 | shall provide with
respect to the offenses of aggravated | ||||||
2 | battery with a machine gun or a firearm
equipped with any | ||||||
3 | device or attachment designed or used for silencing the
report | ||||||
4 | of a firearm or aggravated discharge of a machine gun or a | ||||||
5 | firearm
equipped with any device or attachment designed or used | ||||||
6 | for silencing the
report of a firearm, committed on or after
| ||||||
7 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
8 | prisoner serving a sentence for any of these offenses shall | ||||||
9 | receive no
more than 4.5 days of sentence credit for each month | ||||||
10 | of his or her sentence
of imprisonment.
| ||||||
11 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
12 | subsection (a), the rules and regulations on sentence credit | ||||||
13 | shall provide that a
prisoner who is serving a sentence for | ||||||
14 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
15 | effective date of Public Act 92-176) shall receive no more than
| ||||||
16 | 4.5 days of sentence credit for each month of his or her | ||||||
17 | sentence of
imprisonment.
| ||||||
18 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the rules and regulations on sentence credit | ||||||
20 | shall provide that a
prisoner who is serving a sentence for | ||||||
21 | aggravated driving under the influence of alcohol,
other drug | ||||||
22 | or drugs, or intoxicating compound or compounds or any | ||||||
23 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
24 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
25 | Code committed on or after January 1, 2011 (the effective date | ||||||
26 | of Public Act 96-1230) shall receive no more than 4.5
days of |
| |||||||
| |||||||
1 | sentence credit for each month of his or her sentence of
| ||||||
2 | imprisonment. | ||||||
3 | (3) In addition to the sentence credits earned under | ||||||
4 | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | ||||||
5 | the rules and regulations shall also provide that
the Director | ||||||
6 | may award up to 180 days of earned sentence
credit for good | ||||||
7 | conduct in specific instances as the
Director deems proper. The | ||||||
8 | good conduct may include, but is not limited to, compliance | ||||||
9 | with the rules and regulations of the Department, service to | ||||||
10 | the Department, service to a community, or service to the | ||||||
11 | State.
| ||||||
12 | Eligible inmates for an award of earned sentence credit | ||||||
13 | under
this paragraph (3) may be selected to receive the credit | ||||||
14 | at
the Director's or his or her designee's sole discretion.
| ||||||
15 | Eligibility for the additional earned sentence credit under | ||||||
16 | this paragraph (3) shall be based on, but is not limited to, | ||||||
17 | the results of any available risk/needs assessment or other | ||||||
18 | relevant assessments or evaluations administered by the | ||||||
19 | Department using a validated instrument, the circumstances of | ||||||
20 | the crime, any history of conviction for a forcible felony | ||||||
21 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
22 | inmate's behavior and disciplinary history while incarcerated, | ||||||
23 | and the inmate's commitment to rehabilitation, including | ||||||
24 | participation in programming offered by the Department. | ||||||
25 | The Director shall not award sentence credit under this | ||||||
26 | paragraph (3) to an inmate unless the inmate has served a |
| |||||||
| |||||||
1 | minimum of 60 days of the sentence; except nothing in this | ||||||
2 | paragraph shall be construed to permit the Director to extend | ||||||
3 | an inmate's sentence beyond that which was imposed by the | ||||||
4 | court. Prior to awarding credit under this paragraph (3), the | ||||||
5 | Director shall make a written determination that the inmate: | ||||||
6 | (A) is eligible for the earned sentence credit; | ||||||
7 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
8 | days as the sentence will allow; | ||||||
9 | (B-1) has received a risk/needs assessment or other | ||||||
10 | relevant evaluation or assessment administered by the | ||||||
11 | Department using a validated instrument; and | ||||||
12 | (C) has met the eligibility criteria established by | ||||||
13 | rule for earned sentence credit. | ||||||
14 | The Director shall determine the form and content of the | ||||||
15 | written determination required in this subsection. | ||||||
16 | (3.5) The Department shall provide annual written reports | ||||||
17 | to the Governor and the General Assembly on the award of earned | ||||||
18 | sentence credit no later than February 1 of each year. The | ||||||
19 | Department must publish both reports on its website within 48 | ||||||
20 | hours of transmitting the reports to the Governor and the | ||||||
21 | General Assembly. The reports must include: | ||||||
22 | (A) the number of inmates awarded earned sentence | ||||||
23 | credit; | ||||||
24 | (B) the average amount of earned sentence credit | ||||||
25 | awarded; | ||||||
26 | (C) the holding offenses of inmates awarded earned |
| |||||||
| |||||||
1 | sentence credit; and | ||||||
2 | (D) the number of earned sentence credit revocations. | ||||||
3 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations shall also provide | ||||||
5 | that the sentence
credit accumulated and retained under | ||||||
6 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
7 | during specific periods of time in which such
inmate is engaged | ||||||
8 | full-time in substance abuse programs, correctional
industry | ||||||
9 | assignments, educational programs, behavior modification | ||||||
10 | programs, life skills courses, or re-entry planning provided by | ||||||
11 | the Department
under this paragraph (4) and satisfactorily | ||||||
12 | completes the assigned program as
determined by the standards | ||||||
13 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
14 | program participation before August 11, 1993
and 1.50 for | ||||||
15 | program participation on or after that date.
The rules and | ||||||
16 | regulations shall also provide that sentence credit, subject to | ||||||
17 | the same offense limits and multiplier provided in this | ||||||
18 | paragraph, may be provided to an inmate who was held in | ||||||
19 | pre-trial detention prior to his or her current commitment to | ||||||
20 | the Department of Corrections and successfully completed a | ||||||
21 | full-time, 60-day or longer substance abuse program, | ||||||
22 | educational program, behavior modification program, life | ||||||
23 | skills course, or re-entry planning provided by the county | ||||||
24 | department of corrections or county jail. Calculation of this | ||||||
25 | county program credit shall be done at sentencing as provided | ||||||
26 | in Section 5-4.5-100 of this Code and shall be included in the |
| |||||||
| |||||||
1 | sentencing order. However, no inmate shall be eligible for the | ||||||
2 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
3 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
4 | detention.
| ||||||
5 | (B) The Department shall award sentence credit under this | ||||||
6 | paragraph (4) accumulated prior to the effective date of this | ||||||
7 | amendatory Act of the 101st General Assembly in an amount | ||||||
8 | specified in subparagraph (C) of this paragraph (4) to an | ||||||
9 | inmate serving a sentence for an offense committed prior to | ||||||
10 | June 19, 1998, if the Department determines that the inmate is | ||||||
11 | entitled to this sentence credit, based upon: | ||||||
12 | (i) documentation provided by the Department that the | ||||||
13 | inmate engaged in any full-time substance abuse programs, | ||||||
14 | correctional industry assignments, educational programs, | ||||||
15 | behavior modification programs, life skills courses, or | ||||||
16 | re-entry planning provided by the Department under this | ||||||
17 | paragraph (4) and satisfactorily completed the assigned | ||||||
18 | program as determined by the standards of the Department | ||||||
19 | during the inmate's current term of incarceration; or | ||||||
20 | (ii) the inmate's own testimony in the form of an | ||||||
21 | affidavit or documentation, or a third party's | ||||||
22 | documentation or testimony in the form of an affidavit that | ||||||
23 | the inmate likely engaged in any full-time substance abuse | ||||||
24 | programs, correctional industry assignments, educational | ||||||
25 | programs, behavior modification programs, life skills | ||||||
26 | courses, or re-entry planning provided by the Department |
| |||||||
| |||||||
1 | under paragraph (4) and satisfactorily completed the | ||||||
2 | assigned program as determined by the standards of the | ||||||
3 | Department during the inmate's current term of | ||||||
4 | incarceration. | ||||||
5 | (C) If the inmate can provide documentation that he or she | ||||||
6 | is entitled to sentence credit under subparagraph (B) in excess | ||||||
7 | of 45 days of participation in those programs, the inmate shall | ||||||
8 | receive 90 days of sentence credit. If the inmate cannot | ||||||
9 | provide documentation of more than 45 days of participation | ||||||
10 | those programs, the inmate shall receive 45 days of sentence | ||||||
11 | credit. In the event of a disagreement between the Department | ||||||
12 | and the inmate as to the amount of credit accumulated under | ||||||
13 | subparagraph (B), if the Department provides documented proof | ||||||
14 | of a lesser amount of days of participation in those programs, | ||||||
15 | that proof shall control. If the Department provides no | ||||||
16 | documentary proof, the inmate's proof as set forth in clause | ||||||
17 | (ii) of subparagraph (B) shall control as to the amount of | ||||||
18 | sentence credit provided. | ||||||
19 | (D) If the inmate has been convicted of a sex offense as | ||||||
20 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
21 | sentencing credits under subparagraph (B) of this paragraph (4) | ||||||
22 | shall be awarded by the Department only if the conditions set | ||||||
23 | forth in paragraph (4.6) of subsection (a) are satisfied. No | ||||||
24 | inmate serving a term of natural life imprisonment shall | ||||||
25 | receive sentence credit under subparagraph (B) of this | ||||||
26 | paragraph (4). |
| |||||||
| |||||||
1 | Educational, vocational, substance abuse, behavior | ||||||
2 | modification programs, life skills courses, re-entry planning, | ||||||
3 | and correctional
industry programs under which sentence credit | ||||||
4 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
5 | of this subsection (a) shall be evaluated by the Department on | ||||||
6 | the basis of
documented standards. The Department shall report | ||||||
7 | the results of these
evaluations to the Governor and the | ||||||
8 | General Assembly by September 30th of each
year. The reports | ||||||
9 | shall include data relating to the recidivism rate among
| ||||||
10 | program participants.
| ||||||
11 | Availability of these programs shall be subject to the
| ||||||
12 | limits of fiscal resources appropriated by the General Assembly | ||||||
13 | for these
purposes. Eligible inmates who are denied immediate | ||||||
14 | admission shall be
placed on a waiting list under criteria | ||||||
15 | established by the Department.
The inability of any inmate to | ||||||
16 | become engaged in any such programs
by reason of insufficient | ||||||
17 | program resources or for any other reason
established under the | ||||||
18 | rules and regulations of the Department shall not be
deemed a | ||||||
19 | cause 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) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that an additional 90 days of sentence credit shall be awarded | ||||||
25 | to any prisoner who passes high school equivalency testing | ||||||
26 | while the prisoner is committed to the Department of |
| |||||||
| |||||||
1 | Corrections. The sentence credit awarded under this paragraph | ||||||
2 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
3 | of sentence credit under any other paragraph of this Section, | ||||||
4 | but shall also be pursuant to the guidelines and restrictions | ||||||
5 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
6 | The sentence credit provided for in this paragraph shall be | ||||||
7 | available only to those prisoners who have not previously | ||||||
8 | earned a high school diploma or a high school equivalency | ||||||
9 | certificate. If, after an award of the high school equivalency | ||||||
10 | testing sentence credit has been made, the Department | ||||||
11 | determines that the prisoner was not eligible, then the award | ||||||
12 | shall be revoked.
The Department may also award 90 days of | ||||||
13 | sentence credit to any committed person who passed high school | ||||||
14 | equivalency testing while he or she was held in pre-trial | ||||||
15 | detention prior to the current commitment to the Department of | ||||||
16 | Corrections. | ||||||
17 | Except as provided in paragraph (4.7) of this subsection | ||||||
18 | (a), the rules and regulations shall provide that an additional | ||||||
19 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
20 | who obtains a bachelor's degree while the prisoner is committed | ||||||
21 | to the Department of Corrections. The sentence credit awarded | ||||||
22 | under this paragraph (4.1) shall be in addition to, and shall | ||||||
23 | not affect, the award of sentence credit under any other | ||||||
24 | paragraph of this Section, but shall also be under the | ||||||
25 | guidelines and restrictions set forth in paragraph (4) of this | ||||||
26 | subsection (a). The sentence credit provided for in this |
| |||||||
| |||||||
1 | paragraph shall be available only to those prisoners who have | ||||||
2 | not earned a bachelor's degree prior to the current commitment | ||||||
3 | to the Department of Corrections. If, after an award of the | ||||||
4 | bachelor's degree sentence credit has been made, the Department | ||||||
5 | determines that the prisoner was not eligible, then the award | ||||||
6 | shall be revoked. The Department may also award 180 days of | ||||||
7 | sentence credit to any committed person who earned a bachelor's | ||||||
8 | degree while he or she was held in pre-trial detention prior to | ||||||
9 | the current commitment to the Department of Corrections. | ||||||
10 | Except as provided in paragraph (4.7) of this subsection | ||||||
11 | (a), the rules and regulations shall provide that an additional | ||||||
12 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
13 | who obtains a master's or professional degree while the | ||||||
14 | prisoner is committed to the Department of Corrections. The | ||||||
15 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
16 | addition to, and shall not affect, the award of sentence credit | ||||||
17 | under any other paragraph of this Section, but shall also be | ||||||
18 | under the guidelines and restrictions set forth in paragraph | ||||||
19 | (4) of this subsection (a). The sentence credit provided for in | ||||||
20 | this paragraph shall be available only to those prisoners who | ||||||
21 | have not previously earned a master's or professional degree | ||||||
22 | prior to the current commitment to the Department of | ||||||
23 | Corrections. If, after an award of the master's or professional | ||||||
24 | degree sentence credit has been made, the Department determines | ||||||
25 | that the prisoner was not eligible, then the award shall be | ||||||
26 | revoked. The Department may also award 180 days of sentence |
| |||||||
| |||||||
1 | credit to any committed person who earned a master's or | ||||||
2 | professional degree while he or she was held in pre-trial | ||||||
3 | detention prior to the current commitment to the Department of | ||||||
4 | Corrections. | ||||||
5 | (4.5) The rules and regulations on sentence credit shall | ||||||
6 | also provide that
when the court's sentencing order recommends | ||||||
7 | a prisoner for substance abuse treatment and the
crime was | ||||||
8 | committed on or after September 1, 2003 (the effective date of
| ||||||
9 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
10 | credit awarded under clause (3) of this subsection (a) unless | ||||||
11 | he or she participates in and
completes a substance abuse | ||||||
12 | treatment program. The Director may waive the requirement to | ||||||
13 | participate in or complete a substance abuse treatment program | ||||||
14 | in specific instances if the prisoner is not a good candidate | ||||||
15 | for a substance abuse treatment program for medical, | ||||||
16 | programming, or operational reasons. Availability of
substance | ||||||
17 | abuse treatment shall be subject to the limits of fiscal | ||||||
18 | resources
appropriated by the General Assembly for these | ||||||
19 | purposes. If treatment is not
available and the requirement to | ||||||
20 | participate and complete the treatment has not been waived by | ||||||
21 | the Director, the prisoner shall be placed on a waiting list | ||||||
22 | under criteria
established by the Department. The Director may | ||||||
23 | allow a prisoner placed on
a waiting list to participate in and | ||||||
24 | complete a substance abuse education class or attend substance
| ||||||
25 | abuse self-help meetings in lieu of a substance abuse treatment | ||||||
26 | program. A prisoner on a waiting list who is not placed in a |
| |||||||
| |||||||
1 | substance abuse program prior to release may be eligible for a | ||||||
2 | waiver and receive sentence credit under clause (3) of this | ||||||
3 | subsection (a) at the discretion of the Director.
| ||||||
4 | (4.6) The rules and regulations on sentence credit shall | ||||||
5 | also provide that a prisoner who has been convicted of a sex | ||||||
6 | offense as defined in Section 2 of the Sex Offender | ||||||
7 | Registration Act shall receive no sentence credit unless he or | ||||||
8 | she either has successfully completed or is participating in | ||||||
9 | sex offender treatment as defined by the Sex Offender | ||||||
10 | Management Board. However, prisoners who are waiting to receive | ||||||
11 | treatment, but who are unable to do so due solely to the lack | ||||||
12 | of resources on the part of the Department, may, at the | ||||||
13 | Director's sole discretion, be awarded sentence credit at a | ||||||
14 | rate as the Director shall determine. | ||||||
15 | (4.7) On or after the effective date of this amendatory Act | ||||||
16 | of the 100th General Assembly, sentence credit under paragraph | ||||||
17 | (3), (4), or (4.1) of this subsection (a) may be awarded to a | ||||||
18 | prisoner who is serving a sentence for an offense described in | ||||||
19 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
20 | on or after the effective date of this amendatory Act of the | ||||||
21 | 100th General Assembly; provided, the award of the credits | ||||||
22 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
23 | prisoner to less than the following amounts: | ||||||
24 | (i) 85% of his or her sentence if the prisoner is | ||||||
25 | required to serve 85% of his or her sentence; or | ||||||
26 | (ii) 60% of his or her sentence if the prisoner is |
| |||||||
| |||||||
1 | required to serve 75% of his or her sentence, except if the | ||||||
2 | prisoner is serving a sentence for gunrunning his or her | ||||||
3 | sentence shall not be reduced to less than 75%. | ||||||
4 | (iii) 100% of his or her sentence if the prisoner is | ||||||
5 | required to serve 100% of his or her sentence. | ||||||
6 | (5) Whenever the Department is to release any inmate | ||||||
7 | earlier than it
otherwise would because of a grant of earned | ||||||
8 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
9 | Section given at any time during the term, the Department shall | ||||||
10 | give
reasonable notice of the impending release not less than | ||||||
11 | 14 days prior to the date of the release to the State's
| ||||||
12 | Attorney of the county where the prosecution of the inmate took | ||||||
13 | place, and if applicable, the State's Attorney of the county | ||||||
14 | into which the inmate will be released. The Department must | ||||||
15 | also make identification information and a recent photo of the | ||||||
16 | inmate being released accessible on the Internet by means of a | ||||||
17 | hyperlink labeled "Community Notification of Inmate Early | ||||||
18 | Release" on the Department's World Wide Web homepage.
The | ||||||
19 | identification information shall include the inmate's: name, | ||||||
20 | any known alias, date of birth, physical characteristics, | ||||||
21 | commitment offense and county where conviction was imposed. The | ||||||
22 | identification information shall be placed on the website | ||||||
23 | within 3 days of the inmate's release and the information may | ||||||
24 | not be removed until either: completion of the first year of | ||||||
25 | mandatory supervised release or return of the inmate to custody | ||||||
26 | of the Department.
|
| |||||||
| |||||||
1 | (b) Whenever a person is or has been committed under
| ||||||
2 | several convictions, with separate sentences, the sentences
| ||||||
3 | shall be construed under Section 5-8-4 in granting and
| ||||||
4 | forfeiting of sentence credit.
| ||||||
5 | (c) The Department shall prescribe rules and regulations
| ||||||
6 | for revoking sentence credit, including revoking sentence | ||||||
7 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
8 | Section. The Department shall prescribe rules and regulations | ||||||
9 | for suspending or reducing
the rate of accumulation of sentence | ||||||
10 | credit for specific
rule violations, during imprisonment. | ||||||
11 | These rules and regulations
shall provide that no inmate may be | ||||||
12 | penalized more than one
year of sentence credit for any one | ||||||
13 | infraction.
| ||||||
14 | When the Department seeks to revoke, suspend or reduce
the | ||||||
15 | rate of accumulation of any sentence credits for
an alleged | ||||||
16 | infraction of its rules, it shall bring charges
therefor | ||||||
17 | against the prisoner sought to be so deprived of
sentence | ||||||
18 | credits before the Prisoner Review Board as
provided in | ||||||
19 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
20 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
21 | month period, the cumulative amount of
credit revoked exceeds | ||||||
22 | 30 days except where the infraction is committed
or discovered | ||||||
23 | within 60 days of scheduled release. In those cases,
the | ||||||
24 | Department of Corrections may revoke up to 30 days of sentence | ||||||
25 | credit.
The Board may subsequently approve the revocation of | ||||||
26 | additional sentence credit, if the Department seeks to revoke |
| |||||||
| |||||||
1 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
2 | not be empowered to review the
Department's decision with | ||||||
3 | respect to the loss of 30 days of sentence
credit within any | ||||||
4 | calendar year for any prisoner or to increase any penalty
| ||||||
5 | beyond the length requested by the Department.
| ||||||
6 | The Director of the Department of Corrections, in | ||||||
7 | appropriate cases, may
restore up to 30 days of sentence | ||||||
8 | credits which have been revoked, suspended
or reduced. Any | ||||||
9 | restoration of sentence credits in excess of 30 days shall
be | ||||||
10 | subject to review by the Prisoner Review Board. However, the | ||||||
11 | Board may not
restore sentence credit in excess of the amount | ||||||
12 | requested by the Director.
| ||||||
13 | Nothing contained in this Section shall prohibit the | ||||||
14 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
15 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
16 | sentence imposed by the court that was not served due to the
| ||||||
17 | accumulation of sentence credit.
| ||||||
18 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
19 | federal court
against the State, the Department of Corrections, | ||||||
20 | or the Prisoner Review Board,
or against any of
their officers | ||||||
21 | or employees, and the court makes a specific finding that a
| ||||||
22 | pleading, motion, or other paper filed by the prisoner is | ||||||
23 | frivolous, the
Department of Corrections shall conduct a | ||||||
24 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
25 | charges against the prisoner
sought to be deprived of the | ||||||
26 | sentence credits before the Prisoner Review
Board as provided |
| |||||||
| |||||||
1 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
2 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
3 | time of the finding, then the Prisoner Review Board may revoke | ||||||
4 | all
sentence credit accumulated by the prisoner.
| ||||||
5 | For purposes of this subsection (d):
| ||||||
6 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
7 | filing which
purports to be a legal document filed by a | ||||||
8 | prisoner in his or her lawsuit meets
any or all of the | ||||||
9 | following criteria:
| ||||||
10 | (A) it lacks an arguable basis either in law or in | ||||||
11 | fact;
| ||||||
12 | (B) it is being presented for any improper purpose, | ||||||
13 | such as to harass or
to cause unnecessary delay or | ||||||
14 | needless increase in the cost of litigation;
| ||||||
15 | (C) the claims, defenses, and other legal | ||||||
16 | contentions therein are not
warranted by existing law | ||||||
17 | or by a nonfrivolous argument for the extension,
| ||||||
18 | modification, or reversal of existing law or the | ||||||
19 | establishment of new law;
| ||||||
20 | (D) the allegations and other factual contentions | ||||||
21 | do not have
evidentiary
support or, if specifically so | ||||||
22 | identified, are not likely to have evidentiary
support | ||||||
23 | after a reasonable opportunity for further | ||||||
24 | investigation or discovery;
or
| ||||||
25 | (E) the denials of factual contentions are not | ||||||
26 | warranted on the
evidence, or if specifically so |
| |||||||
| |||||||
1 | identified, are not reasonably based on a lack
of | ||||||
2 | information or belief.
| ||||||
3 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
4 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
5 | action under
Article X of the Code of Civil Procedure or | ||||||
6 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
7 | under the Court of Claims Act, an action under the
federal | ||||||
8 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
9 | subsequent petition for post-conviction relief under | ||||||
10 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
11 | whether filed with or without leave of court or a second or | ||||||
12 | subsequent petition for relief from judgment under Section | ||||||
13 | 2-1401 of the Code of Civil Procedure.
| ||||||
14 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
15 | validity of Public Act 89-404.
| ||||||
16 | (f) Whenever the Department is to release any inmate who | ||||||
17 | has been convicted of a violation of an order of protection | ||||||
18 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
20 | because of a grant of sentence credit, the Department, as a | ||||||
21 | condition of release, shall require that the person, upon | ||||||
22 | release, be placed under electronic surveillance as provided in | ||||||
23 | Section 5-8A-7 of this Code. | ||||||
24 | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
25 | 101-440, eff. 1-1-20 .)
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (730 ILCS 5/5-4.5-95 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 30. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | repealing Section 5-4.5-95.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||