Rep. Ronald A. Wait

Filed: 2/14/2006

 

 


 

 


 
09400HB4398ham001 LRB094 16039 RLC 55304 a

1
AMENDMENT TO HOUSE BILL 4398

2     AMENDMENT NO. ______. Amend House Bill 4398 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-3 as follows:
 
6     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7     Sec. 3-6-3. Rules and Regulations for Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses listed in clause (i),
14     (ii), or (iii) of this paragraph (2) committed on or after
15     June 19, 1998 or with respect to the offense listed in
16     clause (iv) of this paragraph (2) committed on or after
17     June 23, 2005 (the effective date of Public Act 94-71) this
18     amendatory Act of the 94th General Assembly or with respect
19     to the offense of being an armed habitual criminal
20     committed on or after August 2, 2005 (the effective date of
21     Public Act 94-398) or with respect to the offense of
22     aggravated battery under subsection (a) of Section 12-4 of
23     the Criminal Code of 1961 when the prisoner knew the
24     individual harmed to be a peace officer engaged in the

 

 

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1     execution of any of his or her official duties, or the
2     battery is to prevent the officer from performing his or
3     her official duties, or in retaliation for the officer
4     performing his or her official duties and the offense was
5     committed on or after the effective date of this amendatory
6     Act of the 94th General Assembly this amendatory Act of the
7     94th General Assembly, the following:
8             (i) that a prisoner who is serving a term of
9         imprisonment for first degree murder or for the offense
10         of terrorism shall receive no good conduct credit and
11         shall serve the entire sentence imposed by the court;
12             (ii) that a prisoner serving a sentence for attempt
13         to commit first degree murder, solicitation of murder,
14         solicitation of murder for hire, intentional homicide
15         of an unborn child, predatory criminal sexual assault
16         of a child, aggravated criminal sexual assault,
17         criminal sexual assault, aggravated kidnapping,
18         aggravated battery with a firearm, heinous battery,
19         being an armed habitual criminal, aggravated battery
20         of a senior citizen, or aggravated battery of a child
21         shall receive no more than 4.5 days of good conduct
22         credit for each month of his or her sentence of
23         imprisonment;
24             (iii) that a prisoner serving a sentence for home
25         invasion, armed robbery, aggravated vehicular
26         hijacking, aggravated discharge of a firearm, or armed
27         violence with a category I weapon or category II
28         weapon, when the court has made and entered a finding,
29         pursuant to subsection (c-1) of Section 5-4-1 of this
30         Code, that the conduct leading to conviction for the
31         enumerated offense resulted in great bodily harm to a
32         victim, shall receive no more than 4.5 days of good
33         conduct credit for each month of his or her sentence of
34         imprisonment; and

 

 

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1             (iv) that a prisoner serving a sentence for
2         aggravated discharge of a firearm, whether or not the
3         conduct leading to conviction for the offense resulted
4         in great bodily harm to the victim, shall receive no
5         more than 4.5 days of good conduct credit for each
6         month of his or her sentence of imprisonment; and
7             (v) that a prisoner serving a sentence for
8         aggravated battery under subsection (a) of Section
9         12-4 of the Criminal Code of 1961 when the prisoner
10         knew the individual harmed to be a peace officer
11         engaged in the execution of any of his or her official
12         duties, or the battery is to prevent the officer from
13         performing his or her official duties, or in
14         retaliation for the officer performing his or her
15         official duties and the offense was committed on or
16         after the effective date of this amendatory Act of the
17         94th General Assembly, shall receive no more than 4.5
18         days of good conduct credit for each month of his or
19         her sentence of imprisonment.
20         (2.1) For all offenses, other than those enumerated in
21     subdivision (a)(2)(i), (ii), or (iii) committed on or after
22     June 19, 1998 or subdivision (a)(2)(iv) committed on or
23     after June 23, 2005 (the effective date of Public Act
24     94-71) this amendatory Act of the 94th General Assembly,
25     and other than the offense of reckless homicide as defined
26     in subsection (e) of Section 9-3 of the Criminal Code of
27     1961 committed on or after January 1, 1999, or aggravated
28     driving under the influence of alcohol, other drug or
29     drugs, or intoxicating compound or compounds, or any
30     combination thereof as defined in subparagraph (F) of
31     paragraph (1) of subsection (d) of Section 11-501 of the
32     Illinois Vehicle Code, the rules and regulations shall
33     provide that a prisoner who is serving a term of
34     imprisonment shall receive one day of good conduct credit

 

 

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1     for each day of his or her sentence of imprisonment or
2     recommitment under Section 3-3-9. Each day of good conduct
3     credit shall reduce by one day the prisoner's period of
4     imprisonment or recommitment under Section 3-3-9.
5         (2.2) A prisoner serving a term of natural life
6     imprisonment or a prisoner who has been sentenced to death
7     shall receive no good conduct credit.
8         (2.3) The rules and regulations on early release shall
9     provide that a prisoner who is serving a sentence for
10     reckless homicide as defined in subsection (e) of Section
11     9-3 of the Criminal Code of 1961 committed on or after
12     January 1, 1999, or aggravated driving under the influence
13     of alcohol, other drug or drugs, or intoxicating compound
14     or compounds, or any combination thereof as defined in
15     subparagraph (F) of paragraph (1) of subsection (d) of
16     Section 11-501 of the Illinois Vehicle Code, shall receive
17     no more than 4.5 days of good conduct credit for each month
18     of his or her sentence of imprisonment.
19         (2.4) The rules and regulations on early release shall
20     provide with respect to the offenses of aggravated battery
21     with a machine gun or a firearm equipped with any device or
22     attachment designed or used for silencing the report of a
23     firearm or aggravated discharge of a machine gun or a
24     firearm equipped with any device or attachment designed or
25     used for silencing the report of a firearm, committed on or
26     after July 15, 1999 (the effective date of Public Act
27     91-121), that a prisoner serving a sentence for any of
28     these offenses shall receive no more than 4.5 days of good
29     conduct credit for each month of his or her sentence of
30     imprisonment.
31         (2.5) The rules and regulations on early release shall
32     provide that a prisoner who is serving a sentence for
33     aggravated arson committed on or after July 27, 2001 (the
34     effective date of Public Act 92-176) shall receive no more

 

 

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1     than 4.5 days of good conduct credit for each month of his
2     or her sentence of imprisonment.
3         (3) The rules and regulations shall also provide that
4     the Director may award up to 180 days additional good
5     conduct credit for meritorious service in specific
6     instances as the Director deems proper; except that no more
7     than 90 days of good conduct credit for meritorious service
8     shall be awarded to any prisoner who is serving a sentence
9     for conviction of first degree murder, reckless homicide
10     while under the influence of alcohol or any other drug, or
11     aggravated driving under the influence of alcohol, other
12     drug or drugs, or intoxicating compound or compounds, or
13     any combination thereof as defined in subparagraph (F) of
14     paragraph (1) of subsection (d) of Section 11-501 of the
15     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
16     predatory criminal sexual assault of a child, aggravated
17     criminal sexual assault, criminal sexual assault, deviate
18     sexual assault, aggravated criminal sexual abuse,
19     aggravated indecent liberties with a child, indecent
20     liberties with a child, child pornography, heinous
21     battery, aggravated battery of a spouse, aggravated
22     battery of a spouse with a firearm, stalking, aggravated
23     stalking, aggravated battery of a child, endangering the
24     life or health of a child, cruelty to a child, or narcotic
25     racketeering. Notwithstanding the foregoing, good conduct
26     credit for meritorious service shall not be awarded on a
27     sentence of imprisonment imposed for conviction of: (i) one
28     of the offenses enumerated in subdivision (a)(2)(i), (ii),
29     or (iii) when the offense is committed on or after June 19,
30     1998 or subdivision (a)(2)(iv) when the offense is
31     committed on or after June 23, 2005 (the effective date of
32     Public Act 94-71) this amendatory Act of the 94th General
33     Assembly, (ii) reckless homicide as defined in subsection
34     (e) of Section 9-3 of the Criminal Code of 1961 when the

 

 

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1     offense is committed on or after January 1, 1999, or
2     aggravated driving under the influence of alcohol, other
3     drug or drugs, or intoxicating compound or compounds, or
4     any combination thereof as defined in subparagraph (F) of
5     paragraph (1) of subsection (d) of Section 11-501 of the
6     Illinois Vehicle Code, (iii) one of the offenses enumerated
7     in subdivision (a)(2.4) when the offense is committed on or
8     after July 15, 1999 (the effective date of Public Act
9     91-121), or (iv) aggravated arson when the offense is
10     committed on or after July 27, 2001 (the effective date of
11     Public Act 92-176), or (v) aggravated battery under
12     subsection (a) of Section 12-4 of the Criminal Code of 1961
13     when the prisoner knew the individual harmed to be a peace
14     officer engaged in the execution of any of his or her
15     official duties, or the battery is to prevent the officer
16     from performing his or her official duties, or in
17     retaliation for the officer performing his or her official
18     duties and the offense was committed on or after the
19     effective date of this amendatory Act of the 94th General
20     Assembly.
21         (4) The rules and regulations shall also provide that
22     the good conduct credit accumulated and retained under
23     paragraph (2.1) of subsection (a) of this Section by any
24     inmate during specific periods of time in which such inmate
25     is engaged full-time in substance abuse programs,
26     correctional industry assignments, or educational programs
27     provided by the Department under this paragraph (4) and
28     satisfactorily completes the assigned program as
29     determined by the standards of the Department, shall be
30     multiplied by a factor of 1.25 for program participation
31     before August 11, 1993 and 1.50 for program participation
32     on or after that date. However, no inmate shall be eligible
33     for the additional good conduct credit under this paragraph
34     (4) or (4.1) of this subsection (a) while assigned to a

 

 

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1     boot camp, or electronic detention, or if convicted of an
2     offense enumerated in subdivision (a)(2)(i), (ii), or
3     (iii) of this Section that is committed on or after June
4     19, 1998 or subdivision (a)(2)(iv) of this Section that is
5     committed on or after June 23, 2005 (the effective date of
6     Public Act 94-71) this amendatory Act of the 94th General
7     Assembly, or if convicted of reckless homicide as defined
8     in subsection (e) of Section 9-3 of the Criminal Code of
9     1961 if the offense is committed on or after January 1,
10     1999, or aggravated driving under the influence of alcohol,
11     other drug or drugs, or intoxicating compound or compounds,
12     or any combination thereof as defined in subparagraph (F)
13     of paragraph (1) of subsection (d) of Section 11-501 of the
14     Illinois Vehicle Code, or if convicted of an offense
15     enumerated in paragraph (a)(2.4) of this Section that is
16     committed on or after July 15, 1999 (the effective date of
17     Public Act 91-121), or first degree murder, a Class X
18     felony, criminal sexual assault, felony criminal sexual
19     abuse, aggravated criminal sexual abuse, aggravated
20     battery with a firearm, aggravated battery under
21     subsection (a) of Section 12-4 of the Criminal Code of 1961
22     when the prisoner knew the individual harmed to be a peace
23     officer engaged in the execution of any of his or her
24     official duties, or the battery is to prevent the officer
25     from performing his or her official duties, or in
26     retaliation for the officer performing his or her official
27     duties and the offense was committed on or after the
28     effective date of this amendatory Act of the 94th General
29     Assembly, or any predecessor or successor offenses with the
30     same or substantially the same elements, or any inchoate
31     offenses relating to the foregoing offenses. No inmate
32     shall be eligible for the additional good conduct credit
33     under this paragraph (4) who (i) has previously received
34     increased good conduct credit under this paragraph (4) and

 

 

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1     has subsequently been convicted of a felony, or (ii) has
2     previously served more than one prior sentence of
3     imprisonment for a felony in an adult correctional
4     facility.
5         Educational, vocational, substance abuse and
6     correctional industry programs under which good conduct
7     credit may be increased under this paragraph (4) and
8     paragraph (4.1) of this subsection (a) shall be evaluated
9     by the Department on the basis of documented standards. The
10     Department shall report the results of these evaluations to
11     the Governor and the General Assembly by September 30th of
12     each year. The reports shall include data relating to the
13     recidivism rate among program participants.
14         Availability of these programs shall be subject to the
15     limits of fiscal resources appropriated by the General
16     Assembly for these purposes. Eligible inmates who are
17     denied immediate admission shall be placed on a waiting
18     list under criteria established by the Department. The
19     inability of any inmate to become engaged in any such
20     programs by reason of insufficient program resources or for
21     any other reason established under the rules and
22     regulations of the Department shall not be deemed a cause
23     of action under which the Department or any employee or
24     agent of the Department shall be liable for damages to the
25     inmate.
26         (4.1) The rules and regulations shall also provide that
27     an additional 60 days of good conduct credit shall be
28     awarded to any prisoner who passes the high school level
29     Test of General Educational Development (GED) and receives
30     a GED certificate while the prisoner is incarcerated. The
31     good conduct credit awarded under this paragraph (4.1)
32     shall be in addition to, and shall not affect, the award of
33     good conduct under any other paragraph of this Section, but
34     shall also be pursuant to the guidelines and restrictions

 

 

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1     set forth in paragraph (4) of subsection (a) of this
2     Section.
3         (4.5) The rules and regulations on early release shall
4     also provide that when the court's sentencing order
5     recommends a prisoner for substance abuse treatment and the
6     crime was committed on or after September 1, 2003 (the
7     effective date of Public Act 93-354), the prisoner shall
8     receive no good conduct credit awarded under clause (3) of
9     this subsection (a) unless he or she participates in and
10     completes a substance abuse treatment program. The
11     Director may waive the requirement to participate in or
12     complete a substance abuse treatment program and award the
13     good conduct credit in specific instances if the prisoner
14     is not a good candidate for a substance abuse treatment
15     program for medical, programming, or operational reasons.
16     Availability of substance abuse treatment shall be subject
17     to the limits of fiscal resources appropriated by the
18     General Assembly for these purposes. If treatment is not
19     available and the requirement to participate and complete
20     the treatment has not been waived by the Director, the
21     prisoner shall be placed on a waiting list under criteria
22     established by the Department. The Director may allow a
23     prisoner placed on a waiting list to participate in and
24     complete a substance abuse education class or attend
25     substance abuse self-help meetings in lieu of a substance
26     abuse treatment program. A prisoner on a waiting list who
27     is not placed in a substance abuse program prior to release
28     may be eligible for a waiver and receive good conduct
29     credit under clause (3) of this subsection (a) at the
30     discretion of the Director.
31         (5) Whenever the Department is to release any inmate
32     earlier than it otherwise would because of a grant of good
33     conduct credit for meritorious service given at any time
34     during the term, the Department shall give reasonable

 

 

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1     advance notice of the impending release to the State's
2     Attorney of the county where the prosecution of the inmate
3     took place.
4     (b) Whenever a person is or has been committed under
5 several convictions, with separate sentences, the sentences
6 shall be construed under Section 5-8-4 in granting and
7 forfeiting of good time.
8     (c) The Department shall prescribe rules and regulations
9 for revoking good conduct credit, or suspending or reducing the
10 rate of accumulation of good conduct credit for specific rule
11 violations, during imprisonment. These rules and regulations
12 shall provide that no inmate may be penalized more than one
13 year of good conduct credit for any one infraction.
14     When the Department seeks to revoke, suspend or reduce the
15 rate of accumulation of any good conduct credits for an alleged
16 infraction of its rules, it shall bring charges therefor
17 against the prisoner sought to be so deprived of good conduct
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 good
25 conduct credit. The Board may subsequently approve the
26 revocation of additional good conduct credit, if the Department
27 seeks to revoke good conduct credit in excess of 30 days.
28 However, the Board shall not be empowered to review the
29 Department's decision with respect to the loss of 30 days of
30 good conduct credit within any calendar year for any prisoner
31 or to increase any penalty beyond the length requested by the
32 Department.
33     The Director of the Department of Corrections, in
34 appropriate cases, may restore up to 30 days good conduct

 

 

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1 credits which have been revoked, suspended or reduced. Any
2 restoration of good conduct credits in excess of 30 days shall
3 be subject to review by the Prisoner Review Board. However, the
4 Board may not restore good conduct credit in excess of the
5 amount requested by the Director.
6     Nothing contained in this Section shall prohibit the
7 Prisoner Review Board from ordering, pursuant to Section
8 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
9 sentence imposed by the court that was not served due to the
10 accumulation of good conduct credit.
11     (d) If a lawsuit is filed by a prisoner in an Illinois or
12 federal court against the State, the Department of Corrections,
13 or the Prisoner Review Board, or against any of their officers
14 or employees, and the court makes a specific finding that a
15 pleading, motion, or other paper filed by the prisoner is
16 frivolous, the Department of Corrections shall conduct a
17 hearing to revoke up to 180 days of good conduct credit by
18 bringing charges against the prisoner sought to be deprived of
19 the good conduct credits before the Prisoner Review Board as
20 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
21 If the prisoner has not accumulated 180 days of good conduct
22 credit at the time of the finding, then the Prisoner Review
23 Board may revoke all good conduct credit accumulated by the
24 prisoner.
25     For purposes of this subsection (d):
26         (1) "Frivolous" means that a pleading, motion, or other
27     filing which purports to be a legal document filed by a
28     prisoner in his or her lawsuit meets any or all of the
29     following criteria:
30             (A) it lacks an arguable basis either in law or in
31         fact;
32             (B) it is being presented for any improper purpose,
33         such as to harass or to cause unnecessary delay or
34         needless increase in the cost of litigation;

 

 

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1             (C) the claims, defenses, and other legal
2         contentions therein are not warranted by existing law
3         or by a nonfrivolous argument for the extension,
4         modification, or reversal of existing law or the
5         establishment of new law;
6             (D) the allegations and other factual contentions
7         do not have evidentiary support or, if specifically so
8         identified, are not likely to have evidentiary support
9         after a reasonable opportunity for further
10         investigation or discovery; or
11             (E) the denials of factual contentions are not
12         warranted on the evidence, or if specifically so
13         identified, are not reasonably based on a lack of
14         information or belief.
15         (2) "Lawsuit" means a petition for post-conviction
16     relief under Article 122 of the Code of Criminal Procedure
17     of 1963, a motion pursuant to Section 116-3 of the Code of
18     Criminal Procedure of 1963, a habeas corpus action under
19     Article X of the Code of Civil Procedure or under federal
20     law (28 U.S.C. 2254), a petition for claim under the Court
21     of Claims Act or an action under the federal Civil Rights
22     Act (42 U.S.C. 1983).
23     (e) Nothing in Public Act 90-592 or 90-593 affects the
24 validity of Public Act 89-404.
25 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
26 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
27 eff. 8-2-05; 94-491, eff. 8-8-05; revised 8-19-05.)".