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,
| 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 sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded 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 | 22 | | subsection (a), the rules and regulations on sentence credit | 23 | | shall 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 | 2 | | 19, 1998 or with respect to the offense listed in clause (iv) | 3 | | of this paragraph (2) committed on or after June 23, 2005 (the | 4 | | effective date of Public Act 94-71) or with
respect to offense | 5 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 6 | | effective date of Public Act 95-625)
or with respect to the | 7 | | offense of being an armed habitual criminal committed on or | 8 | | after August 2, 2005 (the effective date of Public Act 94-398) | 9 | | or with respect to the offenses listed in clause (v) of this | 10 | | paragraph (2) committed on or after August 13, 2007 (the | 11 | | effective date of Public Act 95-134) or with respect to the | 12 | | offense of aggravated domestic battery committed on or after | 13 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 14 | | with respect to the offense of attempt to commit terrorism | 15 | | committed on or after January 1, 2013 (the effective date of | 16 | | Public 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 | 6 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 7 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 8 | | June 23, 2005 (the effective date of Public Act 94-71) or | 9 | | subdivision (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 | 12 | | date of Public Act 95-625) or subdivision (a)(2)(vii) | 13 | | committed on or after July 23, 2010 (the effective date of | 14 | | Public Act 96-1224), and other than the offense of aggravated | 15 | | driving under the influence of alcohol, other drug or drugs, | 16 | | or
intoxicating compound or compounds, or any combination | 17 | | thereof as defined in
subparagraph (F) of paragraph (1) of | 18 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | 19 | | and other than the offense of aggravated driving under the | 20 | | influence of alcohol,
other drug or drugs, or intoxicating | 21 | | compound or compounds, or any combination
thereof as defined | 22 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 23 | | Section 11-501 of the Illinois Vehicle Code committed on or | 24 | | after January 1, 2011 (the effective date of Public Act | 25 | | 96-1230),
the rules and regulations shall
provide that a | 26 | | prisoner who is serving a term of
imprisonment shall receive |
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| 1 | | one day of sentence credit for each day of
his or her sentence | 2 | | of imprisonment or recommitment under Section 3-3-9.
Each day | 3 | | of sentence credit shall reduce by one day the prisoner's | 4 | | period
of imprisonment or recommitment under Section 3-3-9.
| 5 | | (2.2) A prisoner serving a term of natural life | 6 | | imprisonment or a
prisoner who has been sentenced to death | 7 | | shall receive no sentence
credit.
| 8 | | (2.3) Except as provided in paragraph (4.7) of this | 9 | | subsection (a), the rules and regulations on sentence credit | 10 | | shall provide that
a prisoner who is serving a sentence for | 11 | | aggravated driving under the influence of alcohol,
other drug | 12 | | or drugs, or intoxicating compound or compounds, or any | 13 | | combination
thereof as defined in subparagraph (F) of | 14 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 15 | | Illinois Vehicle Code, shall receive no more than 4.5
days of | 16 | | sentence credit for each month of his or her sentence of
| 17 | | imprisonment.
| 18 | | (2.4) Except as provided in paragraph (4.7) of this | 19 | | subsection (a), the rules and regulations on sentence credit | 20 | | shall provide with
respect to the offenses of aggravated | 21 | | battery with a machine gun or a firearm
equipped with any | 22 | | device or attachment designed or used for silencing the
report | 23 | | of a firearm or aggravated discharge of a machine gun or a | 24 | | firearm
equipped with any device or attachment designed or | 25 | | used for silencing the
report of a firearm, committed on or | 26 | | after
July 15, 1999 (the effective date of Public Act 91-121),
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| 1 | | that a prisoner serving a sentence for any of these offenses | 2 | | shall receive no
more than 4.5 days of sentence credit for each | 3 | | month of his or her sentence
of imprisonment.
| 4 | | (2.5) Except as provided in paragraph (4.7) of this | 5 | | subsection (a), the rules and regulations on sentence credit | 6 | | shall provide that a
prisoner who is serving a sentence for | 7 | | aggravated arson committed on or after
July 27, 2001 (the | 8 | | effective date of Public Act 92-176) shall receive no more | 9 | | than
4.5 days of sentence credit for each month of his or her | 10 | | sentence of
imprisonment.
| 11 | | (2.6) Except as provided in paragraph (4.7) of this | 12 | | subsection (a), the rules and regulations on sentence credit | 13 | | shall provide that a
prisoner who is serving a sentence for | 14 | | aggravated driving under the influence of alcohol,
other drug | 15 | | or drugs, or intoxicating compound or compounds or any | 16 | | combination
thereof as defined in subparagraph (C) of | 17 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 18 | | Illinois Vehicle Code committed on or after January 1, 2011 | 19 | | (the effective date of Public Act 96-1230) shall receive no | 20 | | more than 4.5
days of sentence credit for each month of his or | 21 | | her sentence of
imprisonment. | 22 | | (3) In addition to the sentence credits earned under | 23 | | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | 24 | | subsection (a), the rules and regulations shall also provide | 25 | | that
the Director may award up to 180 days of earned sentence
| 26 | | credit for prisoners serving a sentence of incarceration of |
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| 1 | | less than 5 years, and up to 365 days of earned sentence credit | 2 | | for prisoners serving a sentence of 5 years or longer. The | 3 | | Director may grant this credit for good conduct in specific | 4 | | instances as the
Director deems proper. The good conduct may | 5 | | include, but is not limited to, compliance with the rules and | 6 | | regulations of the Department, service to the Department, | 7 | | service to a community, or service to the State.
| 8 | | Eligible inmates for an award of earned sentence credit | 9 | | under
this paragraph (3) may be selected to receive the credit | 10 | | at
the Director's or his or her designee's sole discretion.
| 11 | | Eligibility for the additional earned sentence credit under | 12 | | this paragraph (3) may be based on, but is not limited to, | 13 | | participation in programming offered by the Department as | 14 | | appropriate for the prisoner based on the results of any | 15 | | available risk/needs assessment or other relevant assessments | 16 | | or evaluations administered by the Department using a | 17 | | validated instrument, the circumstances of the crime, | 18 | | demonstrated commitment to rehabilitation by a prisoner with a | 19 | | history of conviction for a forcible felony enumerated in | 20 | | Section 2-8 of the Criminal Code of 2012, the inmate's | 21 | | behavior and improvements in disciplinary history while | 22 | | incarcerated, and the inmate's commitment to rehabilitation, | 23 | | including participation in programming offered by the | 24 | | Department. | 25 | | The Director shall not award sentence credit under this | 26 | | paragraph (3) to an inmate unless the inmate has served a |
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| 1 | | minimum of 60 days of the sentence , including time served in a | 2 | | county jail ; except nothing in this paragraph shall be | 3 | | construed to permit the Director to extend an inmate's | 4 | | sentence beyond that which was imposed by the court. Prior to | 5 | | awarding credit under this paragraph (3), the Director shall | 6 | | make 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 | 16 | | written determination required in this subsection. | 17 | | (3.5) The Department shall provide annual written reports | 18 | | to the Governor and the General Assembly on the award of earned | 19 | | sentence credit no later than February 1 of each year. The | 20 | | Department must publish both reports on its website within 48 | 21 | | hours of transmitting the reports to the Governor and the | 22 | | General 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 | 5 | | subsection (a), the rules and regulations shall also provide | 6 | | that any prisoner who is engaged full-time in substance abuse | 7 | | programs, correctional
industry assignments, educational | 8 | | programs, work-release programs or activities in accordance | 9 | | with Article 13 of Chapter III of this Code, behavior | 10 | | modification programs, life skills courses, or re-entry | 11 | | planning provided by the Department
under this paragraph (4) | 12 | | and satisfactorily completes the assigned program as
| 13 | | determined by the standards of the Department, shall receive | 14 | | one day of sentence credit for each day in which that prisoner | 15 | | is engaged in the activities described in this paragraph.
The | 16 | | rules and regulations shall also provide that sentence credit | 17 | | may be provided to an inmate who was held in pre-trial | 18 | | detention prior to his or her current commitment to the | 19 | | Department of Corrections and successfully completed a | 20 | | full-time, 60-day or longer substance abuse program, | 21 | | educational program, behavior modification program, life | 22 | | skills course, or re-entry planning provided by the county | 23 | | department of corrections or county jail. Calculation of this | 24 | | county program credit shall be done at sentencing as provided | 25 | | in Section 5-4.5-100 of this Code and shall be included in the | 26 | | sentencing order. The rules and regulations shall also provide |
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| 1 | | that sentence credit may be provided to an inmate who is in | 2 | | compliance with programming requirements in an adult | 3 | | transition center.
| 4 | | (B) The Department shall award sentence credit under this | 5 | | paragraph (4) accumulated prior to January 1, 2020 (the | 6 | | effective date of Public Act 101-440) in an amount specified | 7 | | in subparagraph (C) of this paragraph (4) to an inmate serving | 8 | | a sentence for an offense committed prior to June 19, 1998, if | 9 | | the Department determines that the inmate is entitled to this | 10 | | sentence 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 | 5 | | is entitled to sentence credit under subparagraph (B) in | 6 | | excess of 45 days of participation in those programs, the | 7 | | inmate shall receive 90 days of sentence credit. If the inmate | 8 | | cannot provide documentation of more than 45 days of | 9 | | participation in those programs, the inmate shall receive 45 | 10 | | days of sentence credit. In the event of a disagreement | 11 | | between the Department and the inmate as to the amount of | 12 | | credit accumulated under subparagraph (B), if the Department | 13 | | provides documented proof of a lesser amount of days of | 14 | | participation in those programs, that proof shall control. If | 15 | | the Department provides no documentary proof, the inmate's | 16 | | proof as set forth in clause (ii) of subparagraph (B) shall | 17 | | control as to the amount of sentence credit provided. | 18 | | (D) If the inmate has been convicted of a sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act, | 20 | | sentencing credits under subparagraph (B) of this paragraph | 21 | | (4) shall be awarded by the Department only if the conditions | 22 | | set forth in paragraph (4.6) of subsection (a) are satisfied. | 23 | | No inmate serving a term of natural life imprisonment shall | 24 | | receive sentence credit under subparagraph (B) of this | 25 | | paragraph (4). | 26 | | Educational, vocational, substance abuse, behavior |
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| 1 | | modification programs, life skills courses, re-entry planning, | 2 | | and correctional
industry programs under which sentence credit | 3 | | may be earned under
this paragraph (4) and paragraph (4.1) of | 4 | | this subsection (a) shall be evaluated by the Department on | 5 | | the basis of
documented standards. The Department shall report | 6 | | the results of these
evaluations to the Governor and the | 7 | | General Assembly by September 30th of each
year. The reports | 8 | | shall include data relating to the recidivism rate among
| 9 | | program participants.
| 10 | | Availability of these programs shall be subject to the
| 11 | | limits of fiscal resources appropriated by the General | 12 | | Assembly for these
purposes. Eligible inmates who are denied | 13 | | immediate admission shall be
placed on a waiting list under | 14 | | criteria established by the Department. The rules and | 15 | | regulations shall provide that a prisoner who has been placed | 16 | | on a waiting list but is transferred for non-disciplinary | 17 | | reasons before beginning a program shall receive priority | 18 | | placement on the waitlist for appropriate programs at the new | 19 | | facility.
The inability of any inmate to become engaged in any | 20 | | such programs
by reason of insufficient program resources or | 21 | | for any other reason
established under the rules and | 22 | | regulations of the Department shall not be
deemed a cause of | 23 | | action under which the Department or any employee or
agent of | 24 | | the Department shall be liable for damages to the inmate. The | 25 | | rules and regulations shall provide that a prisoner who begins | 26 | | an educational, vocational, substance abuse, work-release |
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| 1 | | programs or activities in accordance with Article 13 of | 2 | | Chapter III of this Code, behavior modification program, life | 3 | | skills course, re-entry planning, or correctional industry | 4 | | programs but is unable to complete the program due to illness, | 5 | | disability, transfer, lockdown, or another reason outside of | 6 | | the prisoner's control shall receive prorated sentence credits | 7 | | for the days in which the prisoner did participate.
| 8 | | (4.1) Except as provided in paragraph (4.7) of this | 9 | | subsection (a), the rules and regulations shall also provide | 10 | | that an additional 90 days of sentence credit shall be awarded | 11 | | to any prisoner who passes high school equivalency testing | 12 | | while the prisoner is committed to the Department of | 13 | | Corrections. The sentence credit awarded under this paragraph | 14 | | (4.1) shall be in addition to, and shall not affect, the award | 15 | | of sentence credit under any other paragraph of this Section, | 16 | | but shall also be pursuant to the guidelines and restrictions | 17 | | set forth in paragraph (4) of subsection (a) of this Section.
| 18 | | The sentence credit provided for in this paragraph shall be | 19 | | available only to those prisoners who have not previously | 20 | | earned a high school diploma or a high school equivalency | 21 | | certificate. If, after an award of the high school equivalency | 22 | | testing sentence credit has been made, the Department | 23 | | determines that the prisoner was not eligible, then the award | 24 | | shall be revoked.
The Department may also award 90 days of | 25 | | sentence credit to any committed person who passed high school | 26 | | equivalency testing while he or she was held in pre-trial |
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| 1 | | detention prior to the current commitment to the Department of | 2 | | Corrections. Except as provided in paragraph (4.7) of this | 3 | | subsection (a), the rules and regulations shall provide that | 4 | | an additional 120 days of sentence credit shall be awarded to | 5 | | any prisoner who obtains an associate degree while the | 6 | | prisoner is committed to the Department of Corrections, | 7 | | regardless of the date that the associate degree was obtained, | 8 | | including if prior to July 1, 2021 (the effective date of | 9 | | Public Act 101-652). The sentence credit awarded under this | 10 | | paragraph (4.1) shall be in addition to, and shall not affect, | 11 | | the award of sentence credit under any other paragraph of this | 12 | | Section, but shall also be under the guidelines and | 13 | | restrictions set forth in paragraph (4) of subsection (a) of | 14 | | this Section. The sentence credit provided for in this | 15 | | paragraph (4.1) shall be available only to those prisoners who | 16 | | have not previously earned an associate degree prior to the | 17 | | current commitment to the Department of Corrections. If, after | 18 | | an award of the associate degree sentence credit has been made | 19 | | and the Department determines that the prisoner was not | 20 | | eligible, then the award shall be revoked. The Department may | 21 | | also award 120 days of sentence credit to any committed person | 22 | | who earned an associate degree while he or she was held in | 23 | | pre-trial detention prior to the current commitment to the | 24 | | Department 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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| 1 | | additional 180 days of sentence credit shall be awarded to any | 2 | | prisoner who obtains a bachelor's degree while the prisoner is | 3 | | committed to the Department of Corrections. The sentence | 4 | | credit awarded under this paragraph (4.1) shall be in addition | 5 | | to, and shall not affect, the award of sentence credit under | 6 | | any other paragraph of this Section, but shall also be under | 7 | | the guidelines and restrictions set forth in paragraph (4) of | 8 | | this subsection (a). The sentence credit provided for in this | 9 | | paragraph shall be available only to those prisoners who have | 10 | | not earned a bachelor's degree prior to the current commitment | 11 | | to the Department of Corrections. If, after an award of the | 12 | | bachelor's degree sentence credit has been made, the | 13 | | Department determines that the prisoner was not eligible, then | 14 | | the award shall be revoked. The Department may also award 180 | 15 | | days of sentence credit to any committed person who earned a | 16 | | bachelor's degree while he or she was held in pre-trial | 17 | | detention prior to the current commitment to the Department of | 18 | | Corrections. | 19 | | Except as provided in paragraph (4.7) of this subsection | 20 | | (a), the rules and regulations shall provide that an | 21 | | additional 180 days of sentence credit shall be awarded to any | 22 | | prisoner who obtains a master's or professional degree while | 23 | | the prisoner is committed to the Department of Corrections. | 24 | | The sentence credit awarded under this paragraph (4.1) shall | 25 | | be in addition to, and shall not affect, the award of sentence | 26 | | credit under any other paragraph of this Section, but shall |
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| 1 | | also be under the guidelines and restrictions set forth in | 2 | | paragraph (4) of this subsection (a). The sentence credit | 3 | | provided for in this paragraph shall be available only to | 4 | | those prisoners who have not previously earned a master's or | 5 | | professional degree prior to the current commitment to the | 6 | | Department of Corrections. If, after an award of the master's | 7 | | or professional degree sentence credit has been made, the | 8 | | Department determines that the prisoner was not eligible, then | 9 | | the award shall be revoked. The Department may also award 180 | 10 | | days of sentence credit to any committed person who earned a | 11 | | master's or professional degree while he or she was held in | 12 | | pre-trial detention prior to the current commitment to the | 13 | | Department of Corrections. | 14 | | (4.2) The rules and regulations shall also provide that | 15 | | any prisoner engaged in self-improvement programs, volunteer | 16 | | work, or work assignments that are not otherwise eligible | 17 | | activities under paragraph (4), shall receive up to 0.5 days | 18 | | of sentence credit for each day in which the prisoner is | 19 | | engaged in activities described in this paragraph. | 20 | | (4.5) The rules and regulations on sentence credit shall | 21 | | also provide that
when the court's sentencing order recommends | 22 | | a prisoner for substance abuse treatment and the
crime was | 23 | | committed on or after September 1, 2003 (the effective date of
| 24 | | Public Act 93-354), the prisoner shall receive no sentence | 25 | | credit awarded under clause (3) of this subsection (a) unless | 26 | | he or she participates in and
completes a substance abuse |
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| 1 | | treatment program. The Director may waive the requirement to | 2 | | participate in or complete a substance abuse treatment program | 3 | | in specific instances if the prisoner is not a good candidate | 4 | | for a substance abuse treatment program for medical, | 5 | | programming, or operational reasons. Availability of
substance | 6 | | abuse treatment shall be subject to the limits of fiscal | 7 | | resources
appropriated by the General Assembly for these | 8 | | purposes. If treatment is not
available and the requirement to | 9 | | participate and complete the treatment has not been waived by | 10 | | the Director, the prisoner shall be placed on a waiting list | 11 | | under criteria
established by the Department. The Director may | 12 | | allow a prisoner placed on
a waiting list to participate in and | 13 | | complete a substance abuse education class or attend substance
| 14 | | abuse self-help meetings in lieu of a substance abuse | 15 | | treatment program. A prisoner on a waiting list who is not | 16 | | placed in a substance abuse program prior to release may be | 17 | | eligible 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 | 20 | | also provide that a prisoner who has been convicted of a sex | 21 | | offense as defined in Section 2 of the Sex Offender | 22 | | Registration Act shall receive no sentence credit unless he or | 23 | | she either has successfully completed or is participating in | 24 | | sex offender treatment as defined by the Sex Offender | 25 | | Management Board. However, prisoners who are waiting to | 26 | | receive treatment, but who are unable to do so due solely to |
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| 1 | | the lack of resources on the part of the Department, may, at | 2 | | the Director's sole discretion, be awarded sentence credit at | 3 | | a rate as the Director shall determine. | 4 | | (4.7) On or after January 1, 2018 (the effective date of | 5 | | Public Act 100-3), sentence credit under paragraph (3), (4), | 6 | | or (4.1) of this subsection (a) may be awarded to a prisoner | 7 | | who is serving a sentence for an offense described in | 8 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 9 | | on or after January 1, 2018 (the effective date of Public Act | 10 | | 100-3); provided, the award of the credits under this | 11 | | paragraph (4.7) shall not reduce the sentence of the prisoner | 12 | | to 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 | 22 | | earlier than it
otherwise would because of a grant of earned | 23 | | sentence credit under paragraph (3) of subsection (a) of this | 24 | | Section given at any time during the term, the Department | 25 | | shall give
reasonable notice of the impending release not less | 26 | | than 14 days prior to the date of the release to the State's
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| 1 | | Attorney of the county where the prosecution of the inmate | 2 | | took place, and if applicable, the State's Attorney of the | 3 | | county into which the inmate will be released. The Department | 4 | | must also make identification information and a recent photo | 5 | | of the inmate being released accessible on the Internet by | 6 | | means of a hyperlink labeled "Community Notification of Inmate | 7 | | Early Release" on the Department's World Wide Web homepage.
| 8 | | The identification information shall include the inmate's: | 9 | | name, any known alias, date of birth, physical | 10 | | characteristics, commitment offense, and county where | 11 | | conviction was imposed. The identification information shall | 12 | | be placed on the website within 3 days of the inmate's release | 13 | | and the information may not be removed until either: | 14 | | completion of the first year of mandatory supervised release | 15 | | or return of the inmate to custody of the Department.
| 16 | | (b) Whenever a person is or has been committed under
| 17 | | several convictions, with separate sentences, the sentences
| 18 | | shall be construed under Section 5-8-4 in granting and
| 19 | | forfeiting of sentence credit.
| 20 | | (c) (1) The Department shall prescribe rules and | 21 | | regulations
for revoking sentence credit, including revoking | 22 | | sentence credit awarded under paragraph (3) of subsection (a) | 23 | | of this Section. The Department shall prescribe rules and | 24 | | regulations establishing and requiring the use of a sanctions | 25 | | matrix for revoking sentence credit. The Department shall | 26 | | prescribe rules and regulations for suspending or reducing
the |
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| 1 | | rate of accumulation of sentence credit for specific
rule | 2 | | violations, during imprisonment. These rules and regulations
| 3 | | shall provide that no inmate may be penalized more than one
| 4 | | year of sentence credit for any one infraction.
| 5 | | (2) When the Department seeks to revoke, suspend, or | 6 | | reduce
the rate of accumulation of any sentence credits for
an | 7 | | alleged infraction of its rules, it shall bring charges
| 8 | | therefor against the prisoner sought to be so deprived of
| 9 | | sentence credits before the Prisoner Review Board as
provided | 10 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 11 | | amount of credit at issue exceeds 30 days, whether from one | 12 | | infraction or cumulatively from multiple infractions arising | 13 | | out of a single event, or
when, during any 12-month period, the | 14 | | cumulative amount of
credit revoked exceeds 30 days except | 15 | | where the infraction is committed
or discovered within 60 days | 16 | | of scheduled release. In those cases,
the Department of | 17 | | Corrections may revoke up to 30 days of sentence credit.
The | 18 | | Board may subsequently approve the revocation of additional | 19 | | sentence credit, if the Department seeks to revoke sentence | 20 | | credit in
excess of 30 days. However, the Board shall not be | 21 | | empowered to review the
Department's decision with respect to | 22 | | the loss of 30 days of sentence
credit within any calendar year | 23 | | for any prisoner or to increase any penalty
beyond the length | 24 | | requested by the Department.
| 25 | | (3) The Director of the Department of Corrections, in | 26 | | appropriate cases, may
restore sentence credits which have |
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| 1 | | been revoked, suspended,
or reduced. The Department shall | 2 | | prescribe rules and regulations governing the restoration of | 3 | | sentence credits. These rules and regulations shall provide | 4 | | for the automatic restoration of sentence credits following a | 5 | | period in which the prisoner maintains a record without a | 6 | | disciplinary violation.
| 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 sentence credit.
| 12 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 13 | | federal court
against the State, the Department of | 14 | | Corrections, or the Prisoner Review Board,
or against any of
| 15 | | their officers or employees, and the court makes a specific | 16 | | finding that a
pleading, motion, or other paper filed by the | 17 | | prisoner is frivolous, the
Department of Corrections shall | 18 | | conduct a hearing to revoke up to
180 days of sentence credit | 19 | | by bringing charges against the prisoner
sought to be deprived | 20 | | of the sentence 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 sentence | 23 | | credit at the
time of the finding, then the Prisoner Review | 24 | | Board may revoke all
sentence 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 | 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 | 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 12-3.4 or 12-30 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012, earlier than it
otherwise would | 15 | | because of a grant of sentence credit, the Department, as a | 16 | | condition of release, shall require that the person, upon | 17 | | release, be placed under electronic surveillance as provided | 18 | | in Section 5-8A-7 of this Code. | 19 | | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | 20 | | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
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