Illinois General Assembly - Full Text of HB3659
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Full Text of HB3659  102nd General Assembly

HB3659eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing 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 sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14        (A) successful completion of programming while in
15    custody of the Department or while in custody prior to
16    sentencing;
17        (B) compliance with the rules and regulations of the
18    Department; or
19        (C) service to the institution, service to a
20    community, or service to the State.
21    (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),

 

 

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1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990), the following:
17        (i) that a prisoner who is serving a term of
18    imprisonment for first degree murder or for the offense of
19    terrorism shall receive no sentence credit and shall serve
20    the entire sentence imposed by the court;
21        (ii) that a prisoner serving a sentence for attempt to
22    commit terrorism, attempt to commit first degree murder,
23    solicitation of murder, solicitation of murder for hire,
24    intentional homicide of an unborn child, predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, criminal sexual assault, aggravated

 

 

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1    kidnapping, aggravated battery with a firearm as described
2    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
3    or (e)(4) of Section 12-3.05, heinous battery as described
4    in Section 12-4.1 or subdivision (a)(2) of Section
5    12-3.05, being an armed habitual criminal, aggravated
6    battery of a senior citizen as described in Section 12-4.6
7    or subdivision (a)(4) of Section 12-3.05, or aggravated
8    battery of a child as described in Section 12-4.3 or
9    subdivision (b)(1) of Section 12-3.05 shall receive no
10    more than 4.5 days of sentence credit for each month of his
11    or her sentence of imprisonment;
12        (iii) that a prisoner serving a sentence for home
13    invasion, armed robbery, aggravated vehicular hijacking,
14    aggravated discharge of a firearm, or armed violence with
15    a category I weapon or category II weapon, when the court
16    has made and entered a finding, pursuant to subsection
17    (c-1) of Section 5-4-1 of this Code, that the conduct
18    leading to conviction for the enumerated offense resulted
19    in great bodily harm to a victim, shall receive no more
20    than 4.5 days of sentence credit for each month of his or
21    her sentence of imprisonment;
22        (iv) that a prisoner serving a sentence for aggravated
23    discharge of a firearm, whether or not the conduct leading
24    to conviction for the offense resulted in great bodily
25    harm to the victim, shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment;
2        (v) that a person serving a sentence for gunrunning,
3    narcotics racketeering, controlled substance trafficking,
4    methamphetamine trafficking, drug-induced homicide,
5    aggravated methamphetamine-related child endangerment,
6    money laundering pursuant to clause (c) (4) or (5) of
7    Section 29B-1 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, or a Class X felony conviction for delivery
9    of a controlled substance, possession of a controlled
10    substance with intent to manufacture or deliver,
11    calculated criminal drug conspiracy, criminal drug
12    conspiracy, street gang criminal drug conspiracy,
13    participation in methamphetamine manufacturing,
14    aggravated participation in methamphetamine
15    manufacturing, delivery of methamphetamine, possession
16    with intent to deliver methamphetamine, aggravated
17    delivery of methamphetamine, aggravated possession with
18    intent to deliver methamphetamine, methamphetamine
19    conspiracy when the substance containing the controlled
20    substance or methamphetamine is 100 grams or more shall
21    receive no more than 7.5 days sentence credit for each
22    month of his or her sentence of imprisonment;
23        (vi) that a prisoner serving a sentence for a second
24    or subsequent offense of luring a minor shall receive no
25    more than 4.5 days of sentence credit for each month of his
26    or her sentence of imprisonment; and

 

 

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1        (vii) that a prisoner serving a sentence for
2    aggravated domestic battery shall receive no more than 4.5
3    days of sentence credit for each month of his or her
4    sentence of imprisonment.
5    (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii)
13committed on or after July 23, 2010 (the effective date of
14Public Act 96-1224), and other than the offense of aggravated
15driving under the influence of alcohol, other drug or drugs,
16or intoxicating compound or compounds, or any combination
17thereof as defined in subparagraph (F) of paragraph (1) of
18subsection (d) of Section 11-501 of the Illinois Vehicle Code,
19and other than the offense of aggravated driving under the
20influence of alcohol, other drug or drugs, or intoxicating
21compound or compounds, or any combination thereof as defined
22in subparagraph (C) of paragraph (1) of subsection (d) of
23Section 11-501 of the Illinois Vehicle Code committed on or
24after January 1, 2011 (the effective date of Public Act
2596-1230), the rules and regulations shall provide that a
26prisoner who is serving a term of imprisonment shall receive

 

 

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1one day of sentence credit for each day of his or her sentence
2of imprisonment or recommitment under Section 3-3-9. Each day
3of sentence credit shall reduce by one day the prisoner's
4period of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of
14paragraph (1) of subsection (d) of Section 11-501 of the
15Illinois Vehicle Code, shall receive no more than 4.5 days of
16sentence credit for each month of his or her sentence of
17imprisonment.
18    (2.4) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide with respect to the offenses of aggravated
21battery with a machine gun or a firearm equipped with any
22device or attachment designed or used for silencing the report
23of a firearm or aggravated discharge of a machine gun or a
24firearm equipped with any device or attachment designed or
25used for silencing the report of a firearm, committed on or
26after July 15, 1999 (the effective date of Public Act 91-121),

 

 

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1that a prisoner serving a sentence for any of these offenses
2shall receive no more than 4.5 days of sentence credit for each
3month of his or her sentence of imprisonment.
4    (2.5) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated arson committed on or after July 27, 2001 (the
8effective date of Public Act 92-176) shall receive no more
9than 4.5 days of sentence credit for each month of his or her
10sentence of imprisonment.
11    (2.6) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds or any
16combination thereof as defined in subparagraph (C) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code committed on or after January 1, 2011
19(the effective date of Public Act 96-1230) shall receive no
20more than 4.5 days of sentence credit for each month of his or
21her sentence of imprisonment.
22    (3) In addition to the sentence credits earned under
23paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that the Director may award up to 180 days of earned sentence
26credit for prisoners serving a sentence of incarceration of

 

 

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1less than 5 years, and up to 365 days of earned sentence credit
2for prisoners serving a sentence of 5 years or longer. The
3Director may grant this credit for good conduct in specific
4instances as the Director deems proper. The good conduct may
5include, but is not limited to, compliance with the rules and
6regulations of the Department, service to the Department,
7service to a community, or service to the State.
8    Eligible inmates for an award of earned sentence credit
9under this paragraph (3) may be selected to receive the credit
10at the Director's or his or her designee's sole discretion.
11Eligibility for the additional earned sentence credit under
12this paragraph (3) may be based on, but is not limited to,
13participation in programming offered by the Department as
14appropriate for the prisoner based on the results of any
15available risk/needs assessment or other relevant assessments
16or evaluations administered by the Department using a
17validated instrument, the circumstances of the crime,
18demonstrated commitment to rehabilitation by a prisoner with a
19history of conviction for a forcible felony enumerated in
20Section 2-8 of the Criminal Code of 2012, the inmate's
21behavior and improvements in disciplinary history while
22incarcerated, and the inmate's commitment to rehabilitation,
23including participation in programming offered by the
24Department.
25    The Director shall not award sentence credit under this
26paragraph (3) to an inmate unless the inmate has served a

 

 

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1minimum of 60 days of the sentence, including time served in a
2county jail; except nothing in this paragraph shall be
3construed to permit the Director to extend an inmate's
4sentence beyond that which was imposed by the court. Prior to
5awarding credit under this paragraph (3), the Director shall
6make a written determination that the inmate:
7        (A) is eligible for the earned sentence credit;
8        (B) has served a minimum of 60 days, or as close to 60
9    days as the sentence will allow;
10        (B-1) has received a risk/needs assessment or other
11    relevant evaluation or assessment administered by the
12    Department using a validated instrument; and
13        (C) has met the eligibility criteria established by
14    rule for earned sentence credit.
15    The Director shall determine the form and content of the
16written determination required in this subsection.
17    (3.5) The Department shall provide annual written reports
18to the Governor and the General Assembly on the award of earned
19sentence credit no later than February 1 of each year. The
20Department must publish both reports on its website within 48
21hours of transmitting the reports to the Governor and the
22General Assembly. The reports must include:
23        (A) the number of inmates awarded earned sentence
24    credit;
25        (B) the average amount of earned sentence credit
26    awarded;

 

 

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1        (C) the holding offenses of inmates awarded earned
2    sentence credit; and
3        (D) the number of earned sentence credit revocations.
4    (4)(A) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations shall also provide
6that any prisoner who is engaged full-time in substance abuse
7programs, correctional industry assignments, educational
8programs, work-release programs or activities in accordance
9with Article 13 of Chapter III of this Code, behavior
10modification programs, life skills courses, or re-entry
11planning provided by the Department under this paragraph (4)
12and satisfactorily completes the assigned program as
13determined by the standards of the Department, shall receive
14one day of sentence credit for each day in which that prisoner
15is engaged in the activities described in this paragraph. The
16rules and regulations shall also provide that sentence credit
17may be provided to an inmate who was held in pre-trial
18detention prior to his or her current commitment to the
19Department of Corrections and successfully completed a
20full-time, 60-day or longer substance abuse program,
21educational program, behavior modification program, life
22skills course, or re-entry planning provided by the county
23department of corrections or county jail. Calculation of this
24county program credit shall be done at sentencing as provided
25in Section 5-4.5-100 of this Code and shall be included in the
26sentencing order. The rules and regulations shall also provide

 

 

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1that sentence credit may be provided to an inmate who is in
2compliance with programming requirements in an adult
3transition center.
4    (B) The Department shall award sentence credit under this
5paragraph (4) accumulated prior to January 1, 2020 (the
6effective date of Public Act 101-440) in an amount specified
7in subparagraph (C) of this paragraph (4) to an inmate serving
8a sentence for an offense committed prior to June 19, 1998, if
9the Department determines that the inmate is entitled to this
10sentence credit, based upon:
11        (i) documentation provided by the Department that the
12    inmate engaged in any full-time substance abuse programs,
13    correctional industry assignments, educational programs,
14    behavior modification programs, life skills courses, or
15    re-entry planning provided by the Department under this
16    paragraph (4) and satisfactorily completed the assigned
17    program as determined by the standards of the Department
18    during the inmate's current term of incarceration; or
19        (ii) the inmate's own testimony in the form of an
20    affidavit or documentation, or a third party's
21    documentation or testimony in the form of an affidavit
22    that the inmate likely engaged in any full-time substance
23    abuse programs, correctional industry assignments,
24    educational programs, behavior modification programs, life
25    skills courses, or re-entry planning provided by the
26    Department under paragraph (4) and satisfactorily

 

 

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1    completed the assigned program as determined by the
2    standards of the Department during the inmate's current
3    term of incarceration.
4    (C) If the inmate can provide documentation that he or she
5is entitled to sentence credit under subparagraph (B) in
6excess of 45 days of participation in those programs, the
7inmate shall receive 90 days of sentence credit. If the inmate
8cannot provide documentation of more than 45 days of
9participation in those programs, the inmate shall receive 45
10days of sentence credit. In the event of a disagreement
11between the Department and the inmate as to the amount of
12credit accumulated under subparagraph (B), if the Department
13provides documented proof of a lesser amount of days of
14participation in those programs, that proof shall control. If
15the Department provides no documentary proof, the inmate's
16proof as set forth in clause (ii) of subparagraph (B) shall
17control as to the amount of sentence credit provided.
18    (D) If the inmate has been convicted of a sex offense as
19defined in Section 2 of the Sex Offender Registration Act,
20sentencing credits under subparagraph (B) of this paragraph
21(4) shall be awarded by the Department only if the conditions
22set forth in paragraph (4.6) of subsection (a) are satisfied.
23No inmate serving a term of natural life imprisonment shall
24receive sentence credit under subparagraph (B) of this
25paragraph (4).
26    Educational, vocational, substance abuse, behavior

 

 

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1modification programs, life skills courses, re-entry planning,
2and correctional industry programs under which sentence credit
3may be earned under this paragraph (4) and paragraph (4.1) of
4this subsection (a) shall be evaluated by the Department on
5the basis of documented standards. The Department shall report
6the results of these evaluations to the Governor and the
7General Assembly by September 30th of each year. The reports
8shall include data relating to the recidivism rate among
9program participants.
10    Availability of these programs shall be subject to the
11limits of fiscal resources appropriated by the General
12Assembly for these purposes. Eligible inmates who are denied
13immediate admission shall be placed on a waiting list under
14criteria established by the Department. The rules and
15regulations shall provide that a prisoner who has been placed
16on a waiting list but is transferred for non-disciplinary
17reasons before beginning a program shall receive priority
18placement on the waitlist for appropriate programs at the new
19facility. The inability of any inmate to become engaged in any
20such programs by reason of insufficient program resources or
21for any other reason established under the rules and
22regulations of the Department shall not be deemed a cause of
23action under which the Department or any employee or agent of
24the Department shall be liable for damages to the inmate. The
25rules and regulations shall provide that a prisoner who begins
26an educational, vocational, substance abuse, work-release

 

 

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1programs or activities in accordance with Article 13 of
2Chapter III of this Code, behavior modification program, life
3skills course, re-entry planning, or correctional industry
4programs but is unable to complete the program due to illness,
5disability, transfer, lockdown, or another reason outside of
6the prisoner's control shall receive prorated sentence credits
7for the days in which the prisoner did participate.
8    (4.1) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations shall also provide
10that an additional 90 days of sentence credit shall be awarded
11to any prisoner who passes high school equivalency testing
12while the prisoner is committed to the Department of
13Corrections. The sentence credit awarded under this paragraph
14(4.1) shall be in addition to, and shall not affect, the award
15of sentence credit under any other paragraph of this Section,
16but shall also be pursuant to the guidelines and restrictions
17set forth in paragraph (4) of subsection (a) of this Section.
18The sentence credit provided for in this paragraph shall be
19available only to those prisoners who have not previously
20earned a high school diploma or a high school equivalency
21certificate. If, after an award of the high school equivalency
22testing sentence credit has been made, the Department
23determines that the prisoner was not eligible, then the award
24shall be revoked. The Department may also award 90 days of
25sentence credit to any committed person who passed high school
26equivalency testing while he or she was held in pre-trial

 

 

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1detention prior to the current commitment to the Department of
2Corrections. Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall provide that
4an additional 120 days of sentence credit shall be awarded to
5any prisoner who obtains an associate degree while the
6prisoner is committed to the Department of Corrections,
7regardless of the date that the associate degree was obtained,
8including if prior to July 1, 2021 (the effective date of
9Public Act 101-652). The sentence credit awarded under this
10paragraph (4.1) shall be in addition to, and shall not affect,
11the award of sentence credit under any other paragraph of this
12Section, but shall also be under the guidelines and
13restrictions set forth in paragraph (4) of subsection (a) of
14this Section. The sentence credit provided for in this
15paragraph (4.1) shall be available only to those prisoners who
16have not previously earned an associate degree prior to the
17current commitment to the Department of Corrections. If, after
18an award of the associate degree sentence credit has been made
19and the Department determines that the prisoner was not
20eligible, then the award shall be revoked. The Department may
21also award 120 days of sentence credit to any committed person
22who earned an associate degree while he or she was held in
23pre-trial detention prior to the current commitment to the
24Department of Corrections.
25    Except as provided in paragraph (4.7) of this subsection
26(a), the rules and regulations shall provide that an

 

 

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1additional 180 days of sentence credit shall be awarded to any
2prisoner who obtains a bachelor's degree while the prisoner is
3committed to the Department of Corrections. The sentence
4credit awarded under this paragraph (4.1) shall be in addition
5to, and shall not affect, the award of sentence credit under
6any other paragraph of this Section, but shall also be under
7the guidelines and restrictions set forth in paragraph (4) of
8this subsection (a). The sentence credit provided for in this
9paragraph shall be available only to those prisoners who have
10not earned a bachelor's degree prior to the current commitment
11to the Department of Corrections. If, after an award of the
12bachelor's degree sentence credit has been made, the
13Department determines that the prisoner was not eligible, then
14the award shall be revoked. The Department may also award 180
15days of sentence credit to any committed person who earned a
16bachelor's degree while he or she was held in pre-trial
17detention prior to the current commitment to the Department of
18Corrections.
19    Except as provided in paragraph (4.7) of this subsection
20(a), the rules and regulations shall provide that an
21additional 180 days of sentence credit shall be awarded to any
22prisoner who obtains a master's or professional degree while
23the prisoner is committed to the Department of Corrections.
24The sentence credit awarded under this paragraph (4.1) shall
25be in addition to, and shall not affect, the award of sentence
26credit under any other paragraph of this Section, but shall

 

 

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1also be under the guidelines and restrictions set forth in
2paragraph (4) of this subsection (a). The sentence credit
3provided for in this paragraph shall be available only to
4those prisoners who have not previously earned a master's or
5professional degree prior to the current commitment to the
6Department of Corrections. If, after an award of the master's
7or professional degree sentence credit has been made, the
8Department determines that the prisoner was not eligible, then
9the award shall be revoked. The Department may also award 180
10days of sentence credit to any committed person who earned a
11master's or professional degree while he or she was held in
12pre-trial detention prior to the current commitment to the
13Department of Corrections.
14    (4.2) The rules and regulations shall also provide that
15any prisoner engaged in self-improvement programs, volunteer
16work, or work assignments that are not otherwise eligible
17activities under paragraph (4), shall receive up to 0.5 days
18of sentence credit for each day in which the prisoner is
19engaged in activities described in this paragraph.
20    (4.5) The rules and regulations on sentence credit shall
21also provide that when the court's sentencing order recommends
22a prisoner for substance abuse treatment and the crime was
23committed on or after September 1, 2003 (the effective date of
24Public Act 93-354), the prisoner shall receive no sentence
25credit awarded under clause (3) of this subsection (a) unless
26he or she participates in and completes a substance abuse

 

 

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1treatment program. The Director may waive the requirement to
2participate in or complete a substance abuse treatment program
3in specific instances if the prisoner is not a good candidate
4for a substance abuse treatment program for medical,
5programming, or operational reasons. Availability of substance
6abuse treatment shall be subject to the limits of fiscal
7resources appropriated by the General Assembly for these
8purposes. If treatment is not available and the requirement to
9participate and complete the treatment has not been waived by
10the Director, the prisoner shall be placed on a waiting list
11under criteria established by the Department. The Director may
12allow a prisoner placed on a waiting list to participate in and
13complete a substance abuse education class or attend substance
14abuse self-help meetings in lieu of a substance abuse
15treatment program. A prisoner on a waiting list who is not
16placed in a substance abuse program prior to release may be
17eligible for a waiver and receive sentence credit under clause
18(3) of this subsection (a) at the discretion of the Director.
19    (4.6) The rules and regulations on sentence credit shall
20also provide that a prisoner who has been convicted of a sex
21offense as defined in Section 2 of the Sex Offender
22Registration Act shall receive no sentence credit unless he or
23she either has successfully completed or is participating in
24sex offender treatment as defined by the Sex Offender
25Management Board. However, prisoners who are waiting to
26receive treatment, but who are unable to do so due solely to

 

 

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1the lack of resources on the part of the Department, may, at
2the Director's sole discretion, be awarded sentence credit at
3a rate as the Director shall determine.
4    (4.7) On or after January 1, 2018 (the effective date of
5Public Act 100-3), sentence credit under paragraph (3), (4),
6or (4.1) of this subsection (a) may be awarded to a prisoner
7who is serving a sentence for an offense described in
8paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
9on or after January 1, 2018 (the effective date of Public Act
10100-3); provided, the award of the credits under this
11paragraph (4.7) shall not reduce the sentence of the prisoner
12to less than the following amounts:
13        (i) 85% of his or her sentence if the prisoner is
14    required to serve 85% of his or her sentence; or
15        (ii) 60% of his or her sentence if the prisoner is
16    required to serve 75% of his or her sentence, except if the
17    prisoner is serving a sentence for gunrunning his or her
18    sentence shall not be reduced to less than 75%.
19        (iii) 100% of his or her sentence if the prisoner is
20    required to serve 100% of his or her sentence.
21    (5) Whenever the Department is to release any inmate
22earlier than it otherwise would because of a grant of earned
23sentence credit under paragraph (3) of subsection (a) of this
24Section given at any time during the term, the Department
25shall give reasonable notice of the impending release not less
26than 14 days prior to the date of the release to the State's

 

 

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1Attorney of the county where the prosecution of the inmate
2took place, and if applicable, the State's Attorney of the
3county into which the inmate will be released. The Department
4must also make identification information and a recent photo
5of the inmate being released accessible on the Internet by
6means of a hyperlink labeled "Community Notification of Inmate
7Early Release" on the Department's World Wide Web homepage.
8The identification information shall include the inmate's:
9name, any known alias, date of birth, physical
10characteristics, commitment offense, and county where
11conviction was imposed. The identification information shall
12be placed on the website within 3 days of the inmate's release
13and the information may not be removed until either:
14completion of the first year of mandatory supervised release
15or return of the inmate to custody of the Department.
16    (b) Whenever a person is or has been committed under
17several convictions, with separate sentences, the sentences
18shall be construed under Section 5-8-4 in granting and
19forfeiting of sentence credit.
20    (c) (1) The Department shall prescribe rules and
21regulations for revoking sentence credit, including revoking
22sentence credit awarded under paragraph (3) of subsection (a)
23of this Section. The Department shall prescribe rules and
24regulations establishing and requiring the use of a sanctions
25matrix for revoking sentence credit. The Department shall
26prescribe rules and regulations for suspending or reducing the

 

 

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

 

 

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1been revoked, suspended, or reduced. The Department shall
2prescribe rules and regulations governing the restoration of
3sentence credits. These rules and regulations shall provide
4for the automatic restoration of sentence credits following a
5period in which the prisoner maintains a record without a
6disciplinary violation.
7    Nothing contained in this Section shall prohibit the
8Prisoner Review Board from ordering, pursuant to Section
93-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
10sentence imposed by the court that was not served due to the
11accumulation of sentence credit.
12    (d) If a lawsuit is filed by a prisoner in an Illinois or
13federal court against the State, the Department of
14Corrections, or the Prisoner Review Board, or against any of
15their officers or employees, and the court makes a specific
16finding that a pleading, motion, or other paper filed by the
17prisoner is frivolous, the Department of Corrections shall
18conduct a hearing to revoke up to 180 days of sentence credit
19by bringing charges against the prisoner sought to be deprived
20of the sentence credits before the Prisoner Review Board as
21provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
22If the prisoner has not accumulated 180 days of sentence
23credit at the time of the finding, then the Prisoner Review
24Board may revoke all sentence credit accumulated by the
25prisoner.
26    For purposes of this subsection (d):

 

 

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1        (1) "Frivolous" means that a pleading, motion, or
2    other filing which purports to be a legal document filed
3    by a 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
8        purpose, such as to harass or to cause unnecessary
9        delay or 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
10validity of Public Act 89-404.
11    (f) Whenever the Department is to release any inmate who
12has been convicted of a violation of an order of protection
13under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
14the Criminal Code of 2012, earlier than it otherwise would
15because of a grant of sentence credit, the Department, as a
16condition of release, shall require that the person, upon
17release, be placed under electronic surveillance as provided
18in Section 5-8A-7 of this Code.
19(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
20102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)