Illinois General Assembly - Full Text of SB2123
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Full Text of SB2123  102nd General Assembly

SB2123 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2123

 

Introduced 2/26/2021, by Sen. Robert Peters

 

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

    Amends the Unified Code of Corrections. Provides that sentence credit may be awarded to a prisoner for credit earned for good conduct, certain program participation, and educational credit, but that the award of credits may not reduce the sentence of the prisoner more than 5 years. Provides that a person serving a term of natural life imprisonment may not earn sentencing credit.


LRB102 15825 KMF 21193 b

 

 

A BILL FOR

 

SB2123LRB102 15825 KMF 21193 b

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), and (4.7) of this subsection
24(a), the rules and regulations shall also provide that the
25Director may award up to 180 days of earned sentence credit for
26good conduct in specific instances as the Director deems

 

 

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1proper. The good conduct may include, but is not limited to,
2compliance with the rules and regulations of the Department,
3service to the Department, service to a community, or service
4to the State.
5    Eligible inmates for an award of earned sentence credit
6under this paragraph (3) may be selected to receive the credit
7at the Director's or his or her designee's sole discretion.
8Eligibility for the additional earned sentence credit under
9this paragraph (3) shall be based on, but is not limited to,
10the results of any available risk/needs assessment or other
11relevant assessments or evaluations administered by the
12Department using a validated instrument, the circumstances of
13the crime, any history of conviction for a forcible felony
14enumerated in Section 2-8 of the Criminal Code of 2012, the
15inmate's behavior and disciplinary history while incarcerated,
16and the inmate's commitment to rehabilitation, including
17participation in programming offered by the Department.
18    The Director shall not award sentence credit under this
19paragraph (3) to an inmate unless the inmate has served a
20minimum of 60 days of the sentence; except nothing in this
21paragraph shall be construed to permit the Director to extend
22an inmate's sentence beyond that which was imposed by the
23court. Prior to awarding credit under this paragraph (3), the
24Director shall make a written determination that the inmate:
25        (A) is eligible for the earned sentence credit;
26        (B) has served a minimum of 60 days, or as close to 60

 

 

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1    days as the sentence will allow;
2        (B-1) has received a risk/needs assessment or other
3    relevant evaluation or assessment administered by the
4    Department using a validated instrument; and
5        (C) has met the eligibility criteria established by
6    rule for earned sentence credit.
7    The Director shall determine the form and content of the
8written determination required in this subsection.
9    (3.5) The Department shall provide annual written reports
10to the Governor and the General Assembly on the award of earned
11sentence credit no later than February 1 of each year. The
12Department must publish both reports on its website within 48
13hours of transmitting the reports to the Governor and the
14General Assembly. The reports must include:
15        (A) the number of inmates awarded earned sentence
16    credit;
17        (B) the average amount of earned sentence credit
18    awarded;
19        (C) the holding offenses of inmates awarded earned
20    sentence credit; and
21        (D) the number of earned sentence credit revocations.
22    (4)(A) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations shall also provide
24that the sentence credit accumulated and retained under
25paragraph (2.1) of subsection (a) of this Section by any
26inmate during specific periods of time in which such inmate is

 

 

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1engaged full-time in substance abuse programs, correctional
2industry assignments, educational programs, behavior
3modification programs, life skills courses, or re-entry
4planning provided by the Department under this paragraph (4)
5and satisfactorily completes the assigned program as
6determined by the standards of the Department, shall be
7multiplied by a factor of 1.25 for program participation
8before August 11, 1993 and 1.50 for program participation on
9or after that date. The rules and regulations shall also
10provide that sentence credit, subject to the same offense
11limits and multiplier provided in this paragraph, may be
12provided to an inmate who was held in pre-trial detention
13prior to his or her current commitment to the Department of
14Corrections and successfully completed a full-time, 60-day or
15longer substance abuse program, educational program, behavior
16modification program, life skills course, or re-entry planning
17provided by the county department of corrections or county
18jail. Calculation of this county program credit shall be done
19at sentencing as provided in Section 5-4.5-100 of this Code
20and shall be included in the sentencing order. However, no
21inmate shall be eligible for the additional sentence credit
22under this paragraph (4) or (4.1) of this subsection (a) while
23assigned to a boot camp or electronic detention.
24    (B) The Department shall award sentence credit under this
25paragraph (4) accumulated prior to January 1, 2020 (the
26effective date of Public Act 101-440) this amendatory Act of

 

 

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1the 101st General Assembly in an amount specified in
2subparagraph (C) of this paragraph (4) to an inmate serving a
3sentence for an offense committed prior to June 19, 1998, if
4the Department determines that the inmate is entitled to this
5sentence credit, based upon:
6        (i) documentation provided by the Department that the
7    inmate engaged in any full-time substance abuse programs,
8    correctional industry assignments, educational programs,
9    behavior modification programs, life skills courses, or
10    re-entry planning provided by the Department under this
11    paragraph (4) and satisfactorily completed the assigned
12    program as determined by the standards of the Department
13    during the inmate's current term of incarceration; or
14        (ii) the inmate's own testimony in the form of an
15    affidavit or documentation, or a third party's
16    documentation or testimony in the form of an affidavit
17    that the inmate likely engaged in any full-time substance
18    abuse programs, correctional industry assignments,
19    educational programs, behavior modification programs, life
20    skills courses, or re-entry planning provided by the
21    Department under paragraph (4) and satisfactorily
22    completed the assigned program as determined by the
23    standards of the Department during the inmate's current
24    term of incarceration.
25    (C) If the inmate can provide documentation that he or she
26is entitled to sentence credit under subparagraph (B) in

 

 

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1excess of 45 days of participation in those programs, the
2inmate shall receive 90 days of sentence credit. If the inmate
3cannot provide documentation of more than 45 days of
4participation in those programs, the inmate shall receive 45
5days of sentence credit. In the event of a disagreement
6between the Department and the inmate as to the amount of
7credit accumulated under subparagraph (B), if the Department
8provides documented proof of a lesser amount of days of
9participation in those programs, that proof shall control. If
10the Department provides no documentary proof, the inmate's
11proof as set forth in clause (ii) of subparagraph (B) shall
12control as to the amount of sentence credit provided.
13    (D) If the inmate has been convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act,
15sentencing credits under subparagraph (B) of this paragraph
16(4) shall be awarded by the Department only if the conditions
17set forth in paragraph (4.6) of subsection (a) are satisfied.
18No inmate serving a term of natural life imprisonment shall
19receive sentence credit under subparagraph (B) of this
20paragraph (4).
21    Educational, vocational, substance abuse, behavior
22modification programs, life skills courses, re-entry planning,
23and correctional industry programs under which sentence credit
24may be increased under this paragraph (4) and paragraph (4.1)
25of this subsection (a) shall be evaluated by the Department on
26the basis of documented standards. The Department shall report

 

 

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1the results of these evaluations to the Governor and the
2General Assembly by September 30th of each year. The reports
3shall include data relating to the recidivism rate among
4program participants.
5    Availability of these programs shall be subject to the
6limits of fiscal resources appropriated by the General
7Assembly for these purposes. Eligible inmates who are denied
8immediate admission shall be placed on a waiting list under
9criteria established by the Department. The inability of any
10inmate to become engaged in any such programs by reason of
11insufficient program resources or for any other reason
12established under the rules and regulations of the Department
13shall not be deemed a cause of action under which the
14Department or any employee or agent of the Department shall be
15liable for damages to the inmate.
16    (4.1) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that an additional 90 days of sentence credit shall be awarded
19to any prisoner who passes high school equivalency testing
20while the prisoner is committed to the Department of
21Corrections. The sentence credit awarded under this paragraph
22(4.1) shall be in addition to, and shall not affect, the award
23of sentence credit under any other paragraph of this Section,
24but shall also be pursuant to the guidelines and restrictions
25set forth in paragraph (4) of subsection (a) of this Section.
26The sentence credit provided for in this paragraph shall be

 

 

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1available only to those prisoners who have not previously
2earned a high school diploma or a high school equivalency
3certificate. If, after an award of the high school equivalency
4testing sentence credit has been made, the Department
5determines that the prisoner was not eligible, then the award
6shall be revoked. The Department may also award 90 days of
7sentence credit to any committed person who passed high school
8equivalency testing while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections.
11    Except as provided in paragraph (4.7) of this subsection
12(a), the rules and regulations shall provide that an
13additional 180 days of sentence credit shall be awarded to any
14prisoner who obtains a bachelor's degree while the prisoner is
15committed to the Department of Corrections. The sentence
16credit awarded under this paragraph (4.1) shall be in addition
17to, and shall not affect, the award of sentence credit under
18any other paragraph of this Section, but shall also be under
19the guidelines and restrictions set forth in paragraph (4) of
20this subsection (a). The sentence credit provided for in this
21paragraph shall be available only to those prisoners who have
22not earned a bachelor's degree prior to the current commitment
23to the Department of Corrections. If, after an award of the
24bachelor's degree sentence credit has been made, the
25Department determines that the prisoner was not eligible, then
26the award shall be revoked. The Department may also award 180

 

 

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1days of sentence credit to any committed person who earned a
2bachelor's degree while he or she was held in pre-trial
3detention prior to the current commitment to the Department of
4Corrections.
5    Except as provided in paragraph (4.7) of this subsection
6(a), the rules and regulations shall provide that an
7additional 180 days of sentence credit shall be awarded to any
8prisoner who obtains a master's or professional degree while
9the prisoner is committed to the Department of Corrections.
10The sentence credit awarded under this paragraph (4.1) shall
11be in addition to, and shall not affect, the award of sentence
12credit under any other paragraph of this Section, but shall
13also be under the guidelines and restrictions set forth in
14paragraph (4) of this subsection (a). The sentence credit
15provided for in this paragraph shall be available only to
16those prisoners who have not previously earned a master's or
17professional degree prior to the current commitment to the
18Department of Corrections. If, after an award of the master's
19or professional degree sentence credit has been made, the
20Department determines that the prisoner was not eligible, then
21the award shall be revoked. The Department may also award 180
22days of sentence credit to any committed person who earned a
23master's or professional degree while he or she was held in
24pre-trial detention prior to the current commitment to the
25Department of Corrections.
26    (4.5) The rules and regulations on sentence credit shall

 

 

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1also provide that when the court's sentencing order recommends
2a prisoner for substance abuse treatment and the crime was
3committed on or after September 1, 2003 (the effective date of
4Public Act 93-354), the prisoner shall receive no sentence
5credit awarded under clause (3) of this subsection (a) unless
6he or she participates in and completes a substance abuse
7treatment program. The Director may waive the requirement to
8participate in or complete a substance abuse treatment program
9in specific instances if the prisoner is not a good candidate
10for a substance abuse treatment program for medical,
11programming, or operational reasons. Availability of substance
12abuse treatment shall be subject to the limits of fiscal
13resources appropriated by the General Assembly for these
14purposes. If treatment is not available and the requirement to
15participate and complete the treatment has not been waived by
16the Director, the prisoner shall be placed on a waiting list
17under criteria established by the Department. The Director may
18allow a prisoner placed on a waiting list to participate in and
19complete a substance abuse education class or attend substance
20abuse self-help meetings in lieu of a substance abuse
21treatment program. A prisoner on a waiting list who is not
22placed in a substance abuse program prior to release may be
23eligible for a waiver and receive sentence credit under clause
24(3) of this subsection (a) at the discretion of the Director.
25    (4.6) The rules and regulations on sentence credit shall
26also provide that a prisoner who has been convicted of a sex

 

 

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1offense as defined in Section 2 of the Sex Offender
2Registration Act shall receive no sentence credit unless he or
3she either has successfully completed or is participating in
4sex offender treatment as defined by the Sex Offender
5Management Board. However, prisoners who are waiting to
6receive treatment, but who are unable to do so due solely to
7the lack of resources on the part of the Department, may, at
8the Director's sole discretion, be awarded sentence credit at
9a rate as the Director shall determine.
10    (4.7) On or after January 1, 2018 (the effective date of
11Public Act 100-3) this amendatory Act of the 100th General
12Assembly, sentence credit under paragraph (3), (4), or (4.1)
13of this subsection (a) may be awarded to a prisoner who is
14serving a sentence for an offense described in paragraph (2),
15(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
16January 1, 2018 (the effective date of Public Act 100-3) this
17amendatory Act of the 100th General Assembly; provided, the
18award of the credits under this paragraph (4.7) shall not
19reduce the sentence of the prisoner to less than the following
20amounts:
21        (i) 85% of his or her sentence if the prisoner is
22    required to serve 85% of his or her sentence; or
23        (ii) 60% of his or her sentence if the prisoner is
24    required to serve 75% of his or her sentence, except if the
25    prisoner is serving a sentence for gunrunning his or her
26    sentence shall not be reduced to less than 75%.

 

 

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1        (iii) 100% of his or her sentence if the prisoner is
2    required to serve 100% of his or her sentence.
3    (4.8) Notwithstanding any provision of law to the
4contrary, on or after the effective date of this amendatory
5Act of the 102nd General Assembly, sentence credit under
6paragraph (3), (4), or (4.1) of this subsection (a) may be
7awarded to a prisoner for credit earned prior to or after the
8effective date of this amendatory Act of the 102nd General
9Assembly; provided, the award of the credits under this
10paragraph (4.8) shall not reduce the sentence of the prisoner
11more than 5 years. A person serving a term of natural life
12imprisonment may not earn sentencing credit.
13    (5) Whenever the Department is to release any inmate
14earlier than it otherwise would because of a grant of earned
15sentence credit under paragraph (3) of subsection (a) of this
16Section given at any time during the term, the Department
17shall give reasonable notice of the impending release not less
18than 14 days prior to the date of the release to the State's
19Attorney of the county where the prosecution of the inmate
20took place, and if applicable, the State's Attorney of the
21county into which the inmate will be released. The Department
22must also make identification information and a recent photo
23of the inmate being released accessible on the Internet by
24means of a hyperlink labeled "Community Notification of Inmate
25Early Release" on the Department's World Wide Web homepage.
26The identification information shall include the inmate's:

 

 

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1name, any known alias, date of birth, physical
2characteristics, commitment offense, and county where
3conviction was imposed. The identification information shall
4be placed on the website within 3 days of the inmate's release
5and the information may not be removed until either:
6completion of the first year of mandatory supervised release
7or return of the inmate to custody of the Department.
8    (b) Whenever a person is or has been committed under
9several convictions, with separate sentences, the sentences
10shall be construed under Section 5-8-4 in granting and
11forfeiting of sentence credit.
12    (c) The Department shall prescribe rules and regulations
13for revoking sentence credit, including revoking sentence
14credit awarded under paragraph (3) of subsection (a) of this
15Section. The Department shall prescribe rules and regulations
16for suspending or reducing the rate of accumulation of
17sentence credit for specific rule violations, during
18imprisonment. These rules and regulations shall provide that
19no inmate may be penalized more than one year of sentence
20credit for any one infraction.
21    When the Department seeks to revoke, suspend, or reduce
22the rate of accumulation of any sentence credits for an
23alleged infraction of its rules, it shall bring charges
24therefor against the prisoner sought to be so deprived of
25sentence credits before the Prisoner Review Board as provided
26in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

 

 

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1amount of credit at issue exceeds 30 days or when, during any
212-month 12 month period, the cumulative amount of credit
3revoked exceeds 30 days except where the infraction is
4committed or discovered within 60 days of scheduled release.
5In those cases, the Department of Corrections may revoke up to
630 days of sentence credit. The Board may subsequently approve
7the revocation of additional sentence credit, if the
8Department seeks to revoke sentence credit in excess of 30
9days. However, the Board shall not be empowered to review the
10Department's decision with respect to the loss of 30 days of
11sentence credit within any calendar year for any prisoner or
12to increase any penalty beyond the length requested by the
13Department.
14    The Director of the Department of Corrections, in
15appropriate cases, may restore up to 30 days of sentence
16credits which have been revoked, suspended, or reduced. Any
17restoration of sentence credits in excess of 30 days shall be
18subject to review by the Prisoner Review Board. However, the
19Board may not restore sentence credit in excess of the amount
20requested by the Director.
21    Nothing contained in this Section shall prohibit the
22Prisoner Review Board from ordering, pursuant to Section
233-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24sentence imposed by the court that was not served due to the
25accumulation of sentence credit.
26    (d) If a lawsuit is filed by a prisoner in an Illinois or

 

 

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1federal court against the State, the Department of
2Corrections, or the Prisoner Review Board, or against any of
3their officers or employees, and the court makes a specific
4finding that a pleading, motion, or other paper filed by the
5prisoner is frivolous, the Department of Corrections shall
6conduct a hearing to revoke up to 180 days of sentence credit
7by bringing charges against the prisoner sought to be deprived
8of the sentence credits before the Prisoner Review Board as
9provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
10If the prisoner has not accumulated 180 days of sentence
11credit at the time of the finding, then the Prisoner Review
12Board may revoke all sentence credit accumulated by the
13prisoner.
14    For purposes of this subsection (d):
15        (1) "Frivolous" means that a pleading, motion, or
16    other filing which purports to be a legal document filed
17    by a prisoner in his or her lawsuit meets any or all of the
18    following criteria:
19            (A) it lacks an arguable basis either in law or in
20        fact;
21            (B) it is being presented for any improper
22        purpose, such as to harass or to cause unnecessary
23        delay or needless increase in the cost of litigation;
24            (C) the claims, defenses, and other legal
25        contentions therein are not warranted by existing law
26        or by a nonfrivolous argument for the extension,

 

 

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1        modification, or reversal of existing law or the
2        establishment of new law;
3            (D) the allegations and other factual contentions
4        do not have evidentiary support or, if specifically so
5        identified, are not likely to have evidentiary support
6        after a reasonable opportunity for further
7        investigation or discovery; or
8            (E) the denials of factual contentions are not
9        warranted on the evidence, or if specifically so
10        identified, are not reasonably based on a lack of
11        information or belief.
12        (2) "Lawsuit" means a motion pursuant to Section 116-3
13    of the Code of Criminal Procedure of 1963, a habeas corpus
14    action under Article X of the Code of Civil Procedure or
15    under federal law (28 U.S.C. 2254), a petition for claim
16    under the Court of Claims Act, an action under the federal
17    Civil Rights Act (42 U.S.C. 1983), or a second or
18    subsequent petition for post-conviction relief under
19    Article 122 of the Code of Criminal Procedure of 1963
20    whether filed with or without leave of court or a second or
21    subsequent petition for relief from judgment under Section
22    2-1401 of the Code of Civil Procedure.
23    (e) Nothing in Public Act 90-592 or 90-593 affects the
24validity of Public Act 89-404.
25    (f) Whenever the Department is to release any inmate who
26has been convicted of a violation of an order of protection

 

 

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1under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
2the Criminal Code of 2012, earlier than it otherwise would
3because of a grant of sentence credit, the Department, as a
4condition of release, shall require that the person, upon
5release, be placed under electronic surveillance as provided
6in Section 5-8A-7 of this Code.
7(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
8101-440, eff. 1-1-20; revised 8-19-20.)