96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3906

 

Introduced 2/26/2009, by Rep. Michael P. McAuliffe - Sandra M. Pihos, Mark H. Beaubien, Jr., Michael G. Connelly, Michael W. Tryon, et al.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Provides that a prisoner in a Department of Corrections facility who is serving a sentence for the offense of domestic battery or aggravated domestic battery committed on or after the effective date of the amendatory Act shall receive no good conduct credit and shall serve the entire sentence imposed by the court.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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)(A)
14     or (i)(B), (ii), or (iii) of this paragraph (2) committed
15     on or after June 19, 1998 or with respect to the offense
16     listed in clause (iv) of this paragraph (2) committed on or
17     after June 23, 2005 (the effective date of Public Act
18     94-71) or with respect to offense listed in clause (vi)
19     committed on or after June 1, 2008 (the effective date of
20     Public Act 95-625) or with respect to the offense of being
21     an armed habitual criminal committed on or after August 2,
22     2005 (the effective date of Public Act 94-398) or with
23     respect to the offenses listed in clause (v) of this

 

 

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1     paragraph (2) committed on or after August 13, 2007 (the
2     effective date of Public Act 95-134) or with respect to the
3     offenses listed in clauses (i)(C) and (i)(D) of this
4     paragraph (2) committed on or after the effective date of
5     this amendatory Act of the 96th General Assembly, the
6     following:
7             (i) that a prisoner who is serving a term of
8         imprisonment for: (A) first degree murder, (B) or for
9         the offense of terrorism, (C) the offense of domestic
10         battery, or (D) the offense of aggravated domestic
11         battery shall receive no good conduct credit and shall
12         serve the entire sentence imposed by the court;
13             (ii) that a prisoner serving a sentence for attempt
14         to commit first degree murder, solicitation of murder,
15         solicitation of murder for hire, intentional homicide
16         of an unborn child, predatory criminal sexual assault
17         of a child, aggravated criminal sexual assault,
18         criminal sexual assault, aggravated kidnapping,
19         aggravated battery with a firearm, heinous battery,
20         being an armed habitual criminal, aggravated battery
21         of a senior citizen, or aggravated battery of a child
22         shall receive no more than 4.5 days of good conduct
23         credit for each month of his or her sentence of
24         imprisonment;
25             (iii) that a prisoner serving a sentence for home
26         invasion, armed robbery, aggravated vehicular

 

 

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1         hijacking, aggravated discharge of a firearm, or armed
2         violence with a category I weapon or category II
3         weapon, when the court has made and entered a finding,
4         pursuant to subsection (c-1) of Section 5-4-1 of this
5         Code, that the conduct leading to conviction for the
6         enumerated offense resulted in great bodily harm to a
7         victim, shall receive no more than 4.5 days of good
8         conduct credit for each month of his or her sentence of
9         imprisonment;
10             (iv) that a prisoner serving a sentence for
11         aggravated discharge of a firearm, whether or not the
12         conduct leading to conviction for the offense resulted
13         in great bodily harm to the victim, shall receive no
14         more than 4.5 days of good conduct credit for each
15         month of his or her sentence of imprisonment;
16             (v) that a person serving a sentence for
17         gunrunning, narcotics racketeering, controlled
18         substance trafficking, methamphetamine trafficking,
19         drug-induced homicide, aggravated
20         methamphetamine-related child endangerment, money
21         laundering pursuant to clause (c) (4) or (5) of Section
22         29B-1 of the Criminal Code of 1961, or a Class X felony
23         conviction for delivery of a controlled substance,
24         possession of a controlled substance with intent to
25         manufacture or deliver, calculated criminal drug
26         conspiracy, criminal drug conspiracy, street gang

 

 

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1         criminal drug conspiracy, participation in
2         methamphetamine manufacturing, aggravated
3         participation in methamphetamine manufacturing,
4         delivery of methamphetamine, possession with intent to
5         deliver methamphetamine, aggravated delivery of
6         methamphetamine, aggravated possession with intent to
7         deliver methamphetamine, methamphetamine conspiracy
8         when the substance containing the controlled substance
9         or methamphetamine is 100 grams or more shall receive
10         no more than 7.5 days good conduct credit for each
11         month of his or her sentence of imprisonment; and
12             (vi) that a prisoner serving a sentence for a
13         second or subsequent offense of luring a minor shall
14         receive no more than 4.5 days of good conduct credit
15         for each month of his or her sentence of imprisonment.
16         (2.1) For all offenses, other than those enumerated in
17     subdivision (a)(2)(i)(A) or (a)(2)(i)(B), (ii), or (iii)
18     committed on or after June 19, 1998 or subdivision
19     (a)(2)(iv) committed on or after June 23, 2005 (the
20     effective date of Public Act 94-71) or subdivision
21     (a)(2)(v) committed on or after August 13, 2007 (the
22     effective date of Public Act 95-134) or subdivision
23     (a)(2)(vi) committed on or after June 1, 2008 (the
24     effective date of Public Act 95-625), and other than the
25     offense of reckless homicide as defined in subsection (e)
26     of Section 9-3 of the Criminal Code of 1961 committed on or

 

 

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1     after January 1, 1999, or subdivision (a)(2)(i)(C) or
2     (a)(2)(i)(D) committed on or after the effective date of
3     this amendatory Act of the 96th General Assembly, or
4     aggravated driving under the influence of alcohol, other
5     drug or drugs, or intoxicating compound or compounds, or
6     any combination thereof as defined in subparagraph (F) of
7     paragraph (1) of subsection (d) of Section 11-501 of the
8     Illinois Vehicle Code, the rules and regulations shall
9     provide that a prisoner who is serving a term of
10     imprisonment shall receive one day of good conduct credit
11     for each day of his or her sentence of imprisonment or
12     recommitment under Section 3-3-9. Each day of good conduct
13     credit shall reduce by one day the prisoner's period of
14     imprisonment or recommitment under Section 3-3-9.
15         (2.2) A prisoner serving a term of natural life
16     imprisonment or a prisoner who has been sentenced to death
17     shall receive no good conduct credit.
18         (2.3) The rules and regulations on early release shall
19     provide that a prisoner who is serving a sentence for
20     reckless homicide as defined in subsection (e) of Section
21     9-3 of the Criminal Code of 1961 committed on or after
22     January 1, 1999, or aggravated driving under the influence
23     of alcohol, other drug or drugs, or intoxicating compound
24     or compounds, or any combination thereof as defined in
25     subparagraph (F) of paragraph (1) of subsection (d) of
26     Section 11-501 of the Illinois Vehicle Code, shall receive

 

 

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1     no more than 4.5 days of good conduct credit for each month
2     of his or her sentence of imprisonment.
3         (2.4) The rules and regulations on early release shall
4     provide with respect to the offenses of aggravated battery
5     with a machine gun or a firearm equipped with any device or
6     attachment designed or used for silencing the report of a
7     firearm or aggravated discharge of a machine gun or a
8     firearm equipped with any device or attachment designed or
9     used for silencing the report of a firearm, committed on or
10     after July 15, 1999 (the effective date of Public Act
11     91-121), that a prisoner serving a sentence for any of
12     these offenses shall receive no more than 4.5 days of good
13     conduct credit for each month of his or her sentence of
14     imprisonment.
15         (2.5) The rules and regulations on early release shall
16     provide that a prisoner who is serving a sentence for
17     aggravated arson committed on or after July 27, 2001 (the
18     effective date of Public Act 92-176) shall receive no more
19     than 4.5 days of good conduct credit for each month of his
20     or her sentence of imprisonment.
21         (3) The rules and regulations shall also provide that
22     the Director may award up to 180 days additional good
23     conduct credit for meritorious service in specific
24     instances as the Director deems proper; except that no more
25     than 90 days of good conduct credit for meritorious service
26     shall be awarded to any prisoner who is serving a sentence

 

 

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1     for conviction of first degree murder, reckless homicide
2     while under the influence of alcohol or any other drug, or
3     aggravated driving under the influence of alcohol, other
4     drug or drugs, or intoxicating compound or compounds, or
5     any combination thereof as defined in subparagraph (F) of
6     paragraph (1) of subsection (d) of Section 11-501 of the
7     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
8     predatory criminal sexual assault of a child, aggravated
9     criminal sexual assault, criminal sexual assault, deviate
10     sexual assault, aggravated criminal sexual abuse,
11     aggravated indecent liberties with a child, indecent
12     liberties with a child, child pornography, heinous
13     battery, aggravated battery of a spouse, aggravated
14     battery of a spouse with a firearm, stalking, aggravated
15     stalking, aggravated battery of a child, endangering the
16     life or health of a child, or cruelty to a child.
17     Notwithstanding the foregoing, good conduct credit for
18     meritorious service shall not be awarded on a sentence of
19     imprisonment imposed for conviction of: (i) one of the
20     offenses enumerated in subdivision (a)(2)(i)(A) or
21     (a)(2)(i)(B), (ii), or (iii) when the offense is committed
22     on or after June 19, 1998 or subdivision (a)(2)(iv) when
23     the offense is committed on or after June 23, 2005 (the
24     effective date of Public Act 94-71) or subdivision
25     (a)(2)(v) when the offense is committed on or after August
26     13, 2007 (the effective date of Public Act 95-134) or

 

 

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1     subdivision (a)(2)(vi) when the offense is committed on or
2     after June 1, 2008 (the effective date of Public Act
3     95-625), (ii) reckless homicide as defined in subsection
4     (e) of Section 9-3 of the Criminal Code of 1961 when the
5     offense is committed on or after January 1, 1999, or one of
6     the offenses enumerated in subdivision (a)(2)(i)(C) or
7     (a)(2)(i)(D) when the offense is committed on or after the
8     effective date of this amendatory Act of the 96th General
9     Assembly, or aggravated driving under the influence of
10     alcohol, other drug or drugs, or intoxicating compound or
11     compounds, or any combination thereof as defined in
12     subparagraph (F) of paragraph (1) of subsection (d) of
13     Section 11-501 of the Illinois Vehicle Code, (iii) one of
14     the offenses enumerated in subdivision (a)(2.4) when the
15     offense is committed on or after July 15, 1999 (the
16     effective date of Public Act 91-121), or (iv) aggravated
17     arson when the offense is committed on or after July 27,
18     2001 (the effective date of Public Act 92-176).
19         (4) The rules and regulations shall also provide that
20     the good conduct credit accumulated and retained under
21     paragraph (2.1) of subsection (a) of this Section by any
22     inmate during specific periods of time in which such inmate
23     is engaged full-time in substance abuse programs,
24     correctional industry assignments, or educational programs
25     provided by the Department under this paragraph (4) and
26     satisfactorily completes the assigned program as

 

 

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1     determined by the standards of the Department, shall be
2     multiplied by a factor of 1.25 for program participation
3     before August 11, 1993 and 1.50 for program participation
4     on or after that date. However, no inmate shall be eligible
5     for the additional good conduct credit under this paragraph
6     (4) or (4.1) of this subsection (a) while assigned to a
7     boot camp or electronic detention, or if convicted of an
8     offense enumerated in subdivision (a)(2)(i)(A) or
9     (a)(2)(i)(B), (ii), or (iii) of this Section that is
10     committed on or after June 19, 1998 or subdivision
11     (a)(2)(iv) of this Section that is committed on or after
12     June 23, 2005 (the effective date of Public Act 94-71) or
13     subdivision (a)(2)(v) of this Section that is committed on
14     or after August 13, 2007 (the effective date of Public Act
15     95-134) or subdivision (a)(2)(vi) when the offense is
16     committed on or after June 1, 2008 (the effective date of
17     Public Act 95-625), or if convicted of reckless homicide as
18     defined in subsection (e) of Section 9-3 of the Criminal
19     Code of 1961 if the offense is committed on or after
20     January 1, 1999, or subdivision (a)(2)(i)(C) or
21     (a)(2)(i)(D) that is committed on or after the effective
22     date of this amendatory Act of the 96th General Assembly,
23     or aggravated driving under the influence of alcohol, other
24     drug or drugs, or intoxicating compound or compounds, or
25     any combination thereof as defined in subparagraph (F) of
26     paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1     Illinois Vehicle Code, or if convicted of an offense
2     enumerated in paragraph (a)(2.4) of this Section that is
3     committed on or after July 15, 1999 (the effective date of
4     Public Act 91-121), or first degree murder, a Class X
5     felony, criminal sexual assault, felony criminal sexual
6     abuse, aggravated criminal sexual abuse, aggravated
7     battery with a firearm, or any predecessor or successor
8     offenses with the same or substantially the same elements,
9     or any inchoate offenses relating to the foregoing
10     offenses. No inmate shall be eligible for the additional
11     good conduct credit under this paragraph (4) who (i) has
12     previously received increased good conduct credit under
13     this paragraph (4) and has subsequently been convicted of a
14     felony, or (ii) has previously served more than one prior
15     sentence of imprisonment for a felony in an adult
16     correctional facility.
17         Educational, vocational, substance abuse and
18     correctional industry programs under which good conduct
19     credit may be increased under this paragraph (4) and
20     paragraph (4.1) of this subsection (a) shall be evaluated
21     by the Department on the basis of documented standards. The
22     Department shall report the results of these evaluations to
23     the Governor and the General Assembly by September 30th of
24     each year. The reports shall include data relating to the
25     recidivism rate among program participants.
26         Availability of these programs shall be subject to the

 

 

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1     limits of fiscal resources appropriated by the General
2     Assembly for these purposes. Eligible inmates who are
3     denied immediate admission shall be placed on a waiting
4     list under criteria established by the Department. The
5     inability of any inmate to become engaged in any such
6     programs by reason of insufficient program resources or for
7     any other reason established under the rules and
8     regulations of the Department shall not be deemed a cause
9     of action under which the Department or any employee or
10     agent of the Department shall be liable for damages to the
11     inmate.
12         (4.1) The rules and regulations shall also provide that
13     an additional 60 days of good conduct credit shall be
14     awarded to any prisoner who passes the high school level
15     Test of General Educational Development (GED) while the
16     prisoner is incarcerated. The good conduct credit awarded
17     under this paragraph (4.1) shall be in addition to, and
18     shall not affect, the award of good conduct under any other
19     paragraph of this Section, but shall also be pursuant to
20     the guidelines and restrictions set forth in paragraph (4)
21     of subsection (a) of this Section. The good conduct credit
22     provided for in this paragraph shall be available only to
23     those prisoners who have not previously earned a high
24     school diploma or a GED. If, after an award of the GED good
25     conduct credit has been made and the Department determines
26     that the prisoner was not eligible, then the award shall be

 

 

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

 

 

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1     may be eligible for a waiver and receive good conduct
2     credit under clause (3) of this subsection (a) at the
3     discretion of the Director.
4         (4.6) The rules and regulations on early release shall
5     also provide that a prisoner who has been convicted of a
6     sex offense as defined in Section 2 of the Sex Offender
7     Registration Act shall receive no good conduct credit
8     unless he or she either has successfully completed or is
9     participating in sex offender treatment as defined by the
10     Sex Offender Management Board. However, prisoners who are
11     waiting to receive such treatment, but who are unable to do
12     so due solely to the lack of resources on the part of the
13     Department, may, at the Director's sole discretion, be
14     awarded good conduct credit at such rate as the Director
15     shall determine.
16         (5) Whenever the Department is to release any inmate
17     earlier than it otherwise would because of a grant of good
18     conduct credit for meritorious service given at any time
19     during the term, the Department shall give reasonable
20     advance notice of the impending release to the State's
21     Attorney of the county where the prosecution of the inmate
22     took place.
23     (b) Whenever a person is or has been committed under
24 several convictions, with separate sentences, the sentences
25 shall be construed under Section 5-8-4 in granting and
26 forfeiting of good time.

 

 

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1     (c) The Department shall prescribe rules and regulations
2 for revoking good conduct credit, or suspending or reducing the
3 rate of accumulation of good conduct credit for specific rule
4 violations, during imprisonment. These rules and regulations
5 shall provide that no inmate may be penalized more than one
6 year of good conduct credit for any one infraction.
7     When the Department seeks to revoke, suspend or reduce the
8 rate of accumulation of any good conduct credits for an alleged
9 infraction of its rules, it shall bring charges therefor
10 against the prisoner sought to be so deprived of good conduct
11 credits before the Prisoner Review Board as provided in
12 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
13 amount of credit at issue exceeds 30 days or when during any 12
14 month period, the cumulative amount of credit revoked exceeds
15 30 days except where the infraction is committed or discovered
16 within 60 days of scheduled release. In those cases, the
17 Department of Corrections may revoke up to 30 days of good
18 conduct credit. The Board may subsequently approve the
19 revocation of additional good conduct credit, if the Department
20 seeks to revoke good conduct credit in excess of 30 days.
21 However, the Board shall not be empowered to review the
22 Department's decision with respect to the loss of 30 days of
23 good conduct credit within any calendar year for any prisoner
24 or to increase any penalty beyond the length requested by the
25 Department.
26     The Director of the Department of Corrections, in

 

 

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1 appropriate cases, may restore up to 30 days good conduct
2 credits which have been revoked, suspended or reduced. Any
3 restoration of good conduct credits in excess of 30 days shall
4 be subject to review by the Prisoner Review Board. However, the
5 Board may not restore good conduct credit in excess of the
6 amount requested by the Director.
7     Nothing contained in this Section shall prohibit the
8 Prisoner Review Board from ordering, pursuant to Section
9 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
10 sentence imposed by the court that was not served due to the
11 accumulation of good conduct credit.
12     (d) If a lawsuit is filed by a prisoner in an Illinois or
13 federal court against the State, the Department of Corrections,
14 or the Prisoner Review Board, or against any of their officers
15 or employees, and the court makes a specific finding that a
16 pleading, motion, or other paper filed by the prisoner is
17 frivolous, the Department of Corrections shall conduct a
18 hearing to revoke up to 180 days of good conduct credit by
19 bringing charges against the prisoner sought to be deprived of
20 the good conduct credits before the Prisoner Review Board as
21 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
22 If the prisoner has not accumulated 180 days of good conduct
23 credit at the time of the finding, then the Prisoner Review
24 Board may revoke all good conduct credit accumulated by the
25 prisoner.
26     For purposes of this subsection (d):

 

 

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1         (1) "Frivolous" means that a pleading, motion, or other
2     filing which purports to be a legal document filed by a
3     prisoner in his or her lawsuit meets any or all of the
4     following criteria:
5             (A) it lacks an arguable basis either in law or in
6         fact;
7             (B) it is being presented for any improper purpose,
8         such as to harass or to cause unnecessary delay or
9         needless increase in the cost of litigation;
10             (C) the claims, defenses, and other legal
11         contentions therein are not warranted by existing law
12         or by a nonfrivolous argument for the extension,
13         modification, or reversal of existing law or the
14         establishment of new law;
15             (D) the allegations and other factual contentions
16         do not have evidentiary support or, if specifically so
17         identified, are not likely to have evidentiary support
18         after a reasonable opportunity for further
19         investigation or discovery; or
20             (E) the denials of factual contentions are not
21         warranted on the evidence, or if specifically so
22         identified, are not reasonably based on a lack of
23         information or belief.
24         (2) "Lawsuit" means a motion pursuant to Section 116-3
25     of the Code of Criminal Procedure of 1963, a habeas corpus
26     action under Article X of the Code of Civil Procedure or

 

 

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1     under federal law (28 U.S.C. 2254), a petition for claim
2     under the Court of Claims Act, an action under the federal
3     Civil Rights Act (42 U.S.C. 1983), or a second or
4     subsequent petition for post-conviction relief under
5     Article 122 of the Code of Criminal Procedure of 1963
6     whether filed with or without leave of court or a second or
7     subsequent petition for relief from judgment under Section
8     2-1401 of the Code of Civil Procedure.
9     (e) Nothing in Public Act 90-592 or 90-593 affects the
10 validity of Public Act 89-404.
11     (f) Whenever the Department is to release any inmate who
12 has been convicted of a violation of an order of protection
13 under Section 12-30 of the Criminal Code of 1961, earlier than
14 it otherwise would because of a grant of good conduct credit,
15 the Department, as a condition of such early release, shall
16 require that the person, upon release, be placed under
17 electronic surveillance as provided in Section 5-8A-7 of this
18 Code.
19 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
20 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
21 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
22 eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
23 eff. 8-21-08.)