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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Section 3-6-3 as follows:
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe |
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| rules
and regulations for the early release on account of |
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| good
conduct of persons committed to the Department which |
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| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall |
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| provide, with
respect to offenses listed in clause (i), |
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| (ii), or (iii) of this paragraph (2) committed on or after |
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| June 19, 1998 or with respect to the offense listed in |
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| clause (iv) of this paragraph (2) committed on or after |
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| June 23, 2005 ( the effective date of Public Act 94-71)
this |
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| amendatory Act of the 94th General Assembly or with respect |
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| to the offense of being an armed habitual criminal |
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| committed on or after August 2, 2005 ( the effective date of |
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| Public Act 94-398) or with respect to the offense of |
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| aggravated battery under subsection (a) of Section 12-4 of |
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| the Criminal Code of 1961 when the prisoner knew the |
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| individual harmed to be a peace
officer engaged in the |
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| execution of any of his or her official duties, or the
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| battery is to prevent the officer from performing his or |
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| her official duties,
or in retaliation for the officer |
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| performing his or her official duties and the offense was |
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| committed on or after the effective date of this amendatory |
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| Act of the 94th General Assembly
this amendatory Act of the |
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| 94th General Assembly , the following:
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| (i) that a prisoner who is serving a term of |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| imprisonment for first
degree murder or for the offense |
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| of terrorism shall receive no good conduct
credit and |
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| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt |
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| to commit first
degree murder, solicitation of murder, |
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| solicitation of murder for hire,
intentional homicide |
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| of an unborn child, predatory criminal sexual assault |
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| of a
child, aggravated criminal sexual assault, |
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| criminal sexual assault, aggravated
kidnapping, |
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| aggravated battery with a firearm, heinous battery, |
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| being an armed habitual criminal, aggravated
battery |
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| of a senior citizen, or aggravated battery of a child |
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| shall receive no
more than 4.5 days of good conduct |
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| credit for each month of his or her sentence
of |
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| imprisonment;
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| (iii) that a prisoner serving a sentence
for home |
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| invasion, armed robbery, aggravated vehicular |
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| hijacking,
aggravated discharge of a firearm, or armed |
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| violence with a category I weapon
or category II |
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| weapon, when the court
has made and entered a finding, |
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| pursuant to subsection (c-1) of Section 5-4-1
of this |
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| Code, that the conduct leading to conviction for the |
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| enumerated offense
resulted in great bodily harm to a |
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| victim, shall receive no more than 4.5 days
of good |
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| conduct credit for each month of his or her sentence of |
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| imprisonment; and
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| (iv) that a prisoner serving a sentence for |
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| aggravated discharge of a firearm, whether or not the |
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| conduct leading to conviction for the offense resulted |
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| in great bodily harm to the victim, shall receive no |
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| more than 4.5 days of good conduct credit for each |
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| month of his or her sentence of imprisonment ; and |
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| (v) that a prisoner serving a sentence for |
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| aggravated battery under subsection (a) of Section |
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| 12-4 of the Criminal Code of 1961 when the prisoner |
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| knew the individual harmed to be a peace
officer |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| engaged in the execution of any of his or her official |
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| duties, or the
battery is to prevent the officer from |
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| performing his or her official duties,
or in |
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| retaliation for the officer performing his or her |
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| official duties and the offense was committed on or |
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| after the effective date of this amendatory Act of the |
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| 94th General Assembly, shall receive no more than 4.5 |
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| days of good conduct credit for each month of his or |
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| her sentence of imprisonment .
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| (2.1) For all offenses, other than those enumerated in |
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| subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
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| June 19, 1998 or subdivision (a)(2)(iv) committed on or |
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| after June 23, 2005 ( the effective date of Public Act |
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| 94-71)
this amendatory Act of the 94th General Assembly , |
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| and other than the offense of reckless
homicide as defined |
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| in subsection (e) of Section 9-3 of the Criminal Code of
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| 1961 committed on or after January 1, 1999,
or aggravated |
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| driving under the influence of alcohol, other drug or |
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| drugs, or
intoxicating compound or compounds, or any |
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| combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit |
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| for each day of
his or her sentence of imprisonment or |
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| recommitment under Section 3-3-9.
Each day of good conduct |
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| credit shall reduce by one day the prisoner's period
of |
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| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life |
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| imprisonment or a
prisoner who has been sentenced to death |
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| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall |
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| provide that
a prisoner who is serving a sentence for |
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| reckless homicide as defined in
subsection (e) of Section |
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| 9-3 of the Criminal Code of 1961 committed on or
after |
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| January 1, 1999, or aggravated driving under the influence |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| of alcohol,
other drug or drugs, or intoxicating compound |
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| or compounds, or any combination
thereof as defined in |
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| subparagraph (F) of paragraph (1) of subsection (d) of
|
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| Section 11-501 of the Illinois Vehicle Code, shall receive |
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| no more than 4.5
days of good conduct credit for each month |
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| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall |
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| provide with
respect to the offenses of aggravated battery |
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| with a machine gun or a firearm
equipped with any device or |
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| attachment designed or used for silencing the
report of a |
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| firearm or aggravated discharge of a machine gun or a |
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| firearm
equipped with any device or attachment designed or |
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| used for silencing the
report of a firearm, committed on or |
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| after
July 15, 1999 (the effective date of Public Act |
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| 91-121),
that a prisoner serving a sentence for any of |
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| these offenses shall receive no
more than 4.5 days of good |
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| conduct credit for each month of his or her sentence
of |
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| imprisonment.
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| (2.5) The rules and regulations on early release shall |
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| provide that a
prisoner who is serving a sentence for |
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| aggravated arson committed on or after
July 27, 2001 (the |
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| effective date of Public Act 92-176) shall receive no more |
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| than
4.5 days of good conduct credit for each month of his |
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| or her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good |
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| conduct
credit for meritorious service in specific |
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| instances as the
Director deems proper; except that no more |
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| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence |
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| for
conviction of first degree murder, reckless homicide |
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| while under the
influence of alcohol or any other drug,
or |
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| aggravated driving under the influence of alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated |
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| criminal sexual assault, criminal sexual assault, deviate |
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| sexual
assault, aggravated criminal sexual abuse, |
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| aggravated indecent liberties
with a child, indecent |
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| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated |
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| battery of a spouse
with a firearm, stalking, aggravated |
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| stalking, aggravated battery of a child,
endangering the |
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| life or health of a child, cruelty to a child, or narcotic
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| racketeering. Notwithstanding the foregoing, good conduct |
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| credit for
meritorious service shall not be awarded on a
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| sentence of imprisonment imposed for conviction of: (i) one |
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| of the offenses
enumerated in subdivision (a)(2)(i), (ii), |
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| or (iii) when the offense is committed on or after
June 19, |
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| 1998 or subdivision (a)(2)(iv) when the offense is |
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| committed on or after June 23, 2005 ( the effective date of |
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| Public Act 94-71)
this amendatory Act of the 94th General |
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| Assembly , (ii) reckless homicide as
defined in subsection |
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| (e) of Section 9-3 of the Criminal Code of 1961 when
the |
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| offense is committed on or after January 1, 1999,
or |
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| aggravated driving under the influence of alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, (iii) one of the offenses enumerated |
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| in subdivision
(a)(2.4) when the offense is committed on or |
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| after
July 15, 1999 (the effective date of Public Act |
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| 91-121),
or (iv) aggravated arson when the offense is |
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| committed
on or after July 27, 2001 (the effective date of |
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| Public Act 92-176) , or (v) aggravated battery under |
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| subsection (a) of Section 12-4 of the Criminal Code of 1961 |
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| when the prisoner knew the individual harmed to be a peace
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| officer engaged in the execution of any of his or her |
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| official duties, or the
battery is to prevent the officer |
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| from performing his or her official duties,
or in |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| retaliation for the officer performing his or her official |
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| duties and the offense was committed on or after the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly .
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| (4) The rules and regulations shall also provide that |
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| the good conduct
credit accumulated and retained under |
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| paragraph (2.1) of subsection (a) of
this Section by any |
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| inmate during specific periods of time in which such
inmate |
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| is engaged full-time in substance abuse programs, |
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| correctional
industry assignments, or educational programs |
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| provided by the Department
under this paragraph (4) and |
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| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be |
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| multiplied by a factor
of 1.25 for program participation |
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| before August 11, 1993
and 1.50 for program participation |
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| on or after that date.
However, no inmate shall be eligible |
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| for the additional good conduct credit
under this paragraph |
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| (4) or (4.1) of this subsection (a) while assigned to a |
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| boot camp ,
or electronic detention, or if convicted of an |
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| offense enumerated in
subdivision (a)(2)(i), (ii), or |
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| (iii) of this Section that is committed on or after June |
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| 19,
1998 or subdivision (a)(2)(iv) of this Section that is |
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| committed on or after June 23, 2005 ( the effective date of |
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| Public Act 94-71)
this amendatory Act of the 94th General |
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| Assembly , or if convicted of reckless homicide as defined |
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| in subsection (e) of
Section 9-3 of the Criminal Code of |
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| 1961 if the offense is committed on or
after January 1, |
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| 1999,
or aggravated driving under the influence of alcohol, |
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| other drug or drugs, or
intoxicating compound or compounds, |
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| or any combination thereof as defined in
subparagraph (F) |
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| of paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense |
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| enumerated in paragraph
(a)(2.4) of this Section that is |
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| committed on or after
July 15, 1999 (the effective date of |
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| Public Act 91-121),
or first degree murder, a Class X |
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| felony, criminal sexual
assault, felony criminal sexual |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| abuse, aggravated criminal sexual abuse,
aggravated |
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| battery with a firearm, aggravated battery under |
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| subsection (a) of Section 12-4 of the Criminal Code of 1961 |
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| when the prisoner knew the individual harmed to be a peace
|
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| officer engaged in the execution of any of his or her |
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| official duties, or the
battery is to prevent the officer |
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| from performing his or her official duties,
or in |
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| retaliation for the officer performing his or her official |
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| duties and the offense was committed on or after the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, or any predecessor or successor offenses
with the |
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| same or substantially the same elements, or any inchoate |
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| offenses
relating to the foregoing offenses. No inmate |
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| shall be eligible for the
additional good conduct credit |
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| under this paragraph (4) who (i) has previously
received |
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| increased good conduct credit under this paragraph (4) and |
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| has
subsequently been convicted of a
felony, or (ii) has |
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| previously served more than one prior sentence of
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| imprisonment for a felony in an adult correctional |
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| facility.
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| Educational, vocational, substance abuse and |
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| correctional
industry programs under which good conduct |
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| credit may be increased under
this paragraph (4) and |
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| paragraph (4.1) of this subsection (a) shall be evaluated |
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| by the Department on the basis of
documented standards. The |
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| Department shall report the results of these
evaluations to |
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| the Governor and the General Assembly by September 30th of |
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| each
year. The reports shall include data relating to the |
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| recidivism rate among
program participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General |
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| Assembly for these
purposes. Eligible inmates who are |
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| denied immediate admission shall be
placed on a waiting |
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| list under criteria established by the Department.
The |
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| inability of any inmate to become engaged in any such |
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| programs
by reason of insufficient program resources or for |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| any other reason
established under the rules and |
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| regulations of the Department shall not be
deemed a cause |
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| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the |
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| inmate.
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| (4.1) The rules and regulations shall also provide that |
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| an additional 60 days of good conduct credit shall be |
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| awarded to any prisoner who passes the high school level |
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| Test of General Educational Development (GED) and receives |
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| a GED certificate while the prisoner is incarcerated. The |
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| good conduct credit awarded under this paragraph (4.1) |
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| shall be in addition to, and shall not affect, the award of |
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| good conduct under any other paragraph of this Section, but |
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| shall also be pursuant to the guidelines and restrictions |
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| set forth in paragraph (4) of subsection (a) of this |
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| Section.
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| (4.5) The rules and regulations on early release shall |
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| also provide that
when the court's sentencing order |
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| recommends a prisoner for substance abuse treatment and the
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| crime was committed on or after September 1, 2003 (the |
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| effective date of
Public Act 93-354), the prisoner shall |
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| receive no good conduct credit awarded under clause (3) of |
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| this subsection (a) unless he or she participates in and
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| completes a substance abuse treatment program. The |
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| Director may waive the requirement to participate in or |
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| complete a substance abuse treatment program and award the |
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| good conduct credit in specific instances if the prisoner |
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| is not a good candidate for a substance abuse treatment |
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| program for medical, programming , or operational reasons. |
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| Availability of
substance abuse treatment shall be subject |
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| to the limits of fiscal resources
appropriated by the |
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| General Assembly for these purposes. If treatment is not
|
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| available and the requirement to participate and complete |
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| the treatment has not been waived by the Director, the |
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| prisoner shall be placed on a waiting list under criteria
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| established by the Department. The Director may allow a |
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HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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| prisoner placed on
a waiting list to participate in and |
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| complete a substance abuse education class or attend |
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| substance
abuse self-help meetings in lieu of a substance |
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| abuse treatment program. A prisoner on a waiting list who |
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| is not placed in a substance abuse program prior to release |
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| may be eligible for a waiver and receive good conduct |
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| credit under clause (3) of this subsection (a) at the |
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| discretion of the Director.
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| (5) Whenever the Department is to release any inmate |
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| earlier than it
otherwise would because of a grant of good |
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| conduct credit for meritorious
service given at any time |
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| during the term, the Department shall give
reasonable |
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| advance notice of the impending release to the State's
|
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| Attorney of the county where the prosecution of the inmate |
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| took place.
|
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| (b) Whenever a person is or has been committed under
|
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
|
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| (c) The Department shall prescribe rules and regulations
|
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| for revoking good conduct credit, or suspending or reducing
the |
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| rate of accumulation of good conduct credit for specific
rule |
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| violations, during imprisonment. These rules and regulations
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| shall provide that no inmate may be penalized more than one
|
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| year of good conduct credit for any one infraction.
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| When the Department seeks to revoke, suspend or reduce
the |
27 |
| rate of accumulation of any good conduct credits for
an alleged |
28 |
| infraction of its rules, it shall bring charges
therefor |
29 |
| against the prisoner sought to be so deprived of
good conduct |
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| credits before the Prisoner Review Board as
provided in |
31 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
32 |
| amount of credit at issue exceeds 30 days or
when during any 12 |
33 |
| month period, the cumulative amount of
credit revoked exceeds |
34 |
| 30 days except where the infraction is committed
or discovered |
35 |
| within 60 days of scheduled release. In those cases,
the |
36 |
| Department of Corrections may revoke up to 30 days of good |
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|
HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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|
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| conduct credit.
The Board may subsequently approve the |
2 |
| revocation of additional good
conduct credit, if the Department |
3 |
| seeks to revoke good conduct credit in
excess of 30 days. |
4 |
| However, the Board shall not be empowered to review the
|
5 |
| Department's decision with respect to the loss of 30 days of |
6 |
| good conduct
credit within any calendar year for any prisoner |
7 |
| or to increase any penalty
beyond the length requested by the |
8 |
| Department.
|
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| The Director of the Department of Corrections, in |
10 |
| appropriate cases, may
restore up to 30 days good conduct |
11 |
| credits which have been revoked, suspended
or reduced. Any |
12 |
| restoration of good conduct credits in excess of 30 days shall
|
13 |
| be subject to review by the Prisoner Review Board. However, the |
14 |
| Board may not
restore good conduct credit in excess of the |
15 |
| amount requested by the Director.
|
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| Nothing contained in this Section shall prohibit the |
17 |
| Prisoner Review Board
from ordering, pursuant to Section |
18 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
19 |
| sentence imposed by the court that was not served due to the
|
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| accumulation of good conduct credit.
|
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| (d) If a lawsuit is filed by a prisoner in an Illinois or |
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| federal court
against the State, the Department of Corrections, |
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| or the Prisoner Review Board,
or against any of
their officers |
24 |
| or employees, and the court makes a specific finding that a
|
25 |
| pleading, motion, or other paper filed by the prisoner is |
26 |
| frivolous, the
Department of Corrections shall conduct a |
27 |
| hearing to revoke up to
180 days of good conduct credit by |
28 |
| bringing charges against the prisoner
sought to be deprived of |
29 |
| the good conduct credits before the Prisoner Review
Board as |
30 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
|
31 |
| If the prisoner has not accumulated 180 days of good conduct |
32 |
| credit at the
time of the finding, then the Prisoner Review |
33 |
| Board may revoke all
good conduct credit accumulated by the |
34 |
| prisoner.
|
35 |
| For purposes of this subsection (d):
|
36 |
| (1) "Frivolous" means that a pleading, motion, or other |
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|
HB4398 Engrossed |
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LRB094 16039 RLC 51274 b |
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|
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| filing which
purports to be a legal document filed by a |
2 |
| prisoner in his or her lawsuit meets
any or all of the |
3 |
| following criteria:
|
4 |
| (A) it lacks an arguable basis either in law or in |
5 |
| fact;
|
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| (B) it is being presented for any improper purpose, |
7 |
| such as to harass or
to cause unnecessary delay or |
8 |
| needless increase in the cost of litigation;
|
9 |
| (C) the claims, defenses, and other legal |
10 |
| contentions therein are not
warranted by existing law |
11 |
| or by a nonfrivolous argument for the extension,
|
12 |
| modification, or reversal of existing law or the |
13 |
| establishment of new law;
|
14 |
| (D) the allegations and other factual contentions |
15 |
| do not have
evidentiary
support or, if specifically so |
16 |
| identified, are not likely to have evidentiary
support |
17 |
| after a reasonable opportunity for further |
18 |
| investigation or discovery;
or
|
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| (E) the denials of factual contentions are not |
20 |
| warranted on the
evidence, or if specifically so |
21 |
| identified, are not reasonably based on a lack
of |
22 |
| information or belief.
|
23 |
| (2) "Lawsuit" means a petition for post-conviction |
24 |
| relief under Article
122 of the Code of Criminal Procedure |
25 |
| of 1963, a motion pursuant to Section
116-3 of the Code of |
26 |
| Criminal Procedure of 1963, a habeas corpus action under
|
27 |
| Article X of the Code of Civil Procedure or under federal |
28 |
| law (28 U.S.C. 2254),
a petition for claim under the Court |
29 |
| of Claims Act or an action under the
federal Civil Rights |
30 |
| Act (42 U.S.C. 1983).
|
31 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the |
32 |
| validity of Public Act 89-404.
|
33 |
| (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, |
34 |
| eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, |
35 |
| eff. 8-2-05; 94-491, eff. 8-8-05; revised 8-19-05.)
|