Illinois General Assembly - Full Text of SB2917
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Full Text of SB2917  102nd General Assembly

SB2917 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2917

 

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

 

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

    Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for bringing contraband into a penal institution committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that on or after the effective date of the amendatory Act, a prisoner serving a sentence for bringing contraband into a penal institution shall receive no additional sentence credit under the Code.


LRB102 20347 RLC 29203 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2917LRB102 20347 RLC 29203 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    (Text of Section before amendment by P.A. 101-652)
8    Sec. 3-6-3. Rules and regulations for sentence credit.
9    (a)(1) The Department of Corrections shall prescribe rules
10and regulations for awarding and revoking sentence credit for
11persons committed to the Department which shall be subject to
12review by the Prisoner Review Board.
13    (1.5) As otherwise provided by law, sentence credit may be
14awarded for the following:
15        (A) successful completion of programming while in
16    custody of the Department or while in custody prior to
17    sentencing;
18        (B) compliance with the rules and regulations of the
19    Department; or
20        (C) service to the institution, service to a
21    community, or service to the State.
22    (2) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations on sentence credit

 

 

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1shall provide, with respect to offenses listed in clause (i),
2(ii), or (iii) of this paragraph (2) committed on or after June
319, 1998 or with respect to the offense listed in clause (iv)
4of this paragraph (2) committed on or after June 23, 2005 (the
5effective date of Public Act 94-71) or with respect to offense
6listed in clause (vi) committed on or after June 1, 2008 (the
7effective date of Public Act 95-625) or with respect to the
8offense of being an armed habitual criminal committed on or
9after August 2, 2005 (the effective date of Public Act 94-398)
10or with respect to the offenses listed in clause (v) of this
11paragraph (2) committed on or after August 13, 2007 (the
12effective date of Public Act 95-134) or with respect to the
13offense of aggravated domestic battery committed on or after
14July 23, 2010 (the effective date of Public Act 96-1224) or
15with respect to the offense of attempt to commit terrorism
16committed on or after January 1, 2013 (the effective date of
17Public Act 97-990), the following:
18        (i) that a prisoner who is serving a term of
19    imprisonment for first degree murder or for the offense of
20    terrorism shall receive no sentence credit and shall serve
21    the entire sentence imposed by the court;
22        (ii) that a prisoner serving a sentence for attempt to
23    commit terrorism, attempt to commit first degree murder,
24    solicitation of murder, solicitation of murder for hire,
25    intentional homicide of an unborn child, predatory
26    criminal sexual assault of a child, aggravated criminal

 

 

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

 

 

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

 

 

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1    or her sentence of imprisonment; and
2        (vii) that a prisoner serving a sentence for
3    aggravated domestic battery shall receive no more than 4.5
4    days of sentence credit for each month of his or her
5    sentence of imprisonment.
6    (2.1) For all offenses, other than those enumerated in
7subdivision (a)(2)(i), (ii), or (iii) committed on or after
8June 19, 1998 or subdivision (a)(2)(iv) committed on or after
9June 23, 2005 (the effective date of Public Act 94-71) or
10subdivision (a)(2)(v) committed on or after August 13, 2007
11(the effective date of Public Act 95-134) or subdivision
12(a)(2)(vi) committed on or after June 1, 2008 (the effective
13date of Public Act 95-625) or subdivision (a)(2)(vii)
14committed on or after July 23, 2010 (the effective date of
15Public Act 96-1224), and other than the offense of aggravated
16driving under the influence of alcohol, other drug or drugs,
17or intoxicating compound or compounds, or any combination
18thereof as defined in subparagraph (F) of paragraph (1) of
19subsection (d) of Section 11-501 of the Illinois Vehicle Code,
20and other than the offense of aggravated driving under the
21influence of alcohol, other drug or drugs, or intoxicating
22compound or compounds, or any combination thereof as defined
23in subparagraph (C) of paragraph (1) of subsection (d) of
24Section 11-501 of the Illinois Vehicle Code committed on or
25after January 1, 2011 (the effective date of Public Act
2696-1230), the rules and regulations shall provide that a

 

 

SB2917- 6 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 7 -LRB102 20347 RLC 29203 b

1after July 15, 1999 (the effective date of Public Act 91-121),
2that a prisoner serving a sentence for any of these offenses
3shall receive no more than 4.5 days of sentence credit for each
4month of his or her sentence of imprisonment.
5    (2.5) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide that a prisoner who is serving a sentence for
8aggravated arson committed on or after July 27, 2001 (the
9effective date of Public Act 92-176) shall receive no more
10than 4.5 days of sentence credit for each month of his or her
11sentence of imprisonment.
12    (2.6) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of
18paragraph (1) of subsection (d) of Section 11-501 of the
19Illinois Vehicle Code committed on or after January 1, 2011
20(the effective date of Public Act 96-1230) shall receive no
21more than 4.5 days of sentence credit for each month of his or
22her sentence of imprisonment.
23    (3) In addition to the sentence credits earned under
24paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
25(a), the rules and regulations shall also provide that the
26Director may award up to 180 days of earned sentence credit for

 

 

SB2917- 8 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 9 -LRB102 20347 RLC 29203 b

1        (B) has served a minimum of 60 days, or as close to 60
2    days as the sentence will allow;
3        (B-1) has received a risk/needs assessment or other
4    relevant evaluation or assessment administered by the
5    Department using a validated instrument; and
6        (C) has met the eligibility criteria established by
7    rule for earned sentence credit.
8    The Director shall determine the form and content of the
9written determination required in this subsection.
10    (3.5) The Department shall provide annual written reports
11to the Governor and the General Assembly on the award of earned
12sentence credit no later than February 1 of each year. The
13Department must publish both reports on its website within 48
14hours of transmitting the reports to the Governor and the
15General Assembly. The reports must include:
16        (A) the number of inmates awarded earned sentence
17    credit;
18        (B) the average amount of earned sentence credit
19    awarded;
20        (C) the holding offenses of inmates awarded earned
21    sentence credit; and
22        (D) the number of earned sentence credit revocations.
23    (4)(A) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that the sentence credit accumulated and retained under
26paragraph (2.1) of subsection (a) of this Section by any

 

 

SB2917- 10 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 11 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 12 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 13 -LRB102 20347 RLC 29203 b

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

 

 

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

 

 

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

 

 

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1    (4.5) The rules and regulations on sentence credit shall
2also provide that when the court's sentencing order recommends
3a prisoner for substance abuse treatment and the crime was
4committed on or after September 1, 2003 (the effective date of
5Public Act 93-354), the prisoner shall receive no sentence
6credit awarded under clause (3) of this subsection (a) unless
7he or she participates in and completes a substance abuse
8treatment program. The Director may waive the requirement to
9participate in or complete a substance abuse treatment program
10in specific instances if the prisoner is not a good candidate
11for a substance abuse treatment program for medical,
12programming, or operational reasons. Availability of substance
13abuse treatment shall be subject to the limits of fiscal
14resources appropriated by the General Assembly for these
15purposes. If treatment is not available and the requirement to
16participate and complete the treatment has not been waived by
17the Director, the prisoner shall be placed on a waiting list
18under criteria established by the Department. The Director may
19allow a prisoner placed on a waiting list to participate in and
20complete a substance abuse education class or attend substance
21abuse self-help meetings in lieu of a substance abuse
22treatment program. A prisoner on a waiting list who is not
23placed in a substance abuse program prior to release may be
24eligible for a waiver and receive sentence credit under clause
25(3) of this subsection (a) at the discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

SB2917- 17 -LRB102 20347 RLC 29203 b

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

 

 

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1    sentence shall not be reduced to less than 75%.
2        (iii) 100% of his or her sentence if the prisoner is
3    required to serve 100% of his or her sentence.
4    (5) Whenever the Department is to release any inmate
5earlier than it otherwise would because of a grant of earned
6sentence credit under paragraph (3) of subsection (a) of this
7Section given at any time during the term, the Department
8shall give reasonable notice of the impending release not less
9than 14 days prior to the date of the release to the State's
10Attorney of the county where the prosecution of the inmate
11took place, and if applicable, the State's Attorney of the
12county into which the inmate will be released. The Department
13must also make identification information and a recent photo
14of the inmate being released accessible on the Internet by
15means of a hyperlink labeled "Community Notification of Inmate
16Early Release" on the Department's World Wide Web homepage.
17The identification information shall include the inmate's:
18name, any known alias, date of birth, physical
19characteristics, commitment offense, and county where
20conviction was imposed. The identification information shall
21be placed on the website within 3 days of the inmate's release
22and the information may not be removed until either:
23completion of the first year of mandatory supervised release
24or return of the inmate to custody of the Department.
25    (b) Whenever a person is or has been committed under
26several convictions, with separate sentences, the sentences

 

 

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1shall be construed under Section 5-8-4 in granting and
2forfeiting of sentence credit.
3    (c) The Department shall prescribe rules and regulations
4for revoking sentence credit, including revoking sentence
5credit awarded under paragraph (3) of subsection (a) of this
6Section. The Department shall prescribe rules and regulations
7for suspending or reducing the rate of accumulation of
8sentence credit for specific rule violations, during
9imprisonment. These rules and regulations shall provide that
10no inmate may be penalized more than one year of sentence
11credit for any one infraction.
12    When the Department seeks to revoke, suspend, or reduce
13the rate of accumulation of any sentence credits for an
14alleged infraction of its rules, it shall bring charges
15therefor against the prisoner sought to be so deprived of
16sentence credits before the Prisoner Review Board as provided
17in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
18amount of credit at issue exceeds 30 days or when, during any
1912-month 12 month period, the cumulative amount of credit
20revoked exceeds 30 days except where the infraction is
21committed or discovered within 60 days of scheduled release.
22In those cases, the Department of Corrections may revoke up to
2330 days of sentence credit. The Board may subsequently approve
24the revocation of additional sentence credit, if the
25Department seeks to revoke sentence credit in excess of 30
26days. However, the Board shall not be empowered to review the

 

 

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1Department's decision with respect to the loss of 30 days of
2sentence credit within any calendar year for any prisoner or
3to increase any penalty beyond the length requested by the
4Department.
5    The Director of the Department of Corrections, in
6appropriate cases, may restore up to 30 days of sentence
7credits which have been revoked, suspended, or reduced. Any
8restoration of sentence credits in excess of 30 days shall be
9subject to review by the Prisoner Review Board. However, the
10Board may not restore sentence credit in excess of the amount
11requested by the Director.
12    Nothing contained in this Section shall prohibit the
13Prisoner Review Board from ordering, pursuant to Section
143-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
15sentence imposed by the court that was not served due to the
16accumulation of sentence credit.
17    (d) If a lawsuit is filed by a prisoner in an Illinois or
18federal court against the State, the Department of
19Corrections, or the Prisoner Review Board, or against any of
20their officers or employees, and the court makes a specific
21finding that a pleading, motion, or other paper filed by the
22prisoner is frivolous, the Department of Corrections shall
23conduct a hearing to revoke up to 180 days of sentence credit
24by bringing charges against the prisoner sought to be deprived
25of the sentence credits before the Prisoner Review Board as
26provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

 

 

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1If the prisoner has not accumulated 180 days of sentence
2credit at the time of the finding, then the Prisoner Review
3Board may revoke all sentence credit accumulated by the
4prisoner.
5    For purposes of this subsection (d):
6        (1) "Frivolous" means that a pleading, motion, or
7    other filing which purports to be a legal document filed
8    by a prisoner in his or her lawsuit meets any or all of the
9    following criteria:
10            (A) it lacks an arguable basis either in law or in
11        fact;
12            (B) it is being presented for any improper
13        purpose, such as to harass or to cause unnecessary
14        delay or needless increase in the cost of litigation;
15            (C) the claims, defenses, and other legal
16        contentions therein are not warranted by existing law
17        or by a nonfrivolous argument for the extension,
18        modification, or reversal of existing law or the
19        establishment of new law;
20            (D) the allegations and other factual contentions
21        do not have evidentiary support or, if specifically so
22        identified, are not likely to have evidentiary support
23        after a reasonable opportunity for further
24        investigation or discovery; or
25            (E) the denials of factual contentions are not
26        warranted on the evidence, or if specifically so

 

 

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1        identified, are not reasonably based on a lack of
2        information or belief.
3        (2) "Lawsuit" means a motion pursuant to Section 116-3
4    of the Code of Criminal Procedure of 1963, a habeas corpus
5    action under Article X of the Code of Civil Procedure or
6    under federal law (28 U.S.C. 2254), a petition for claim
7    under the Court of Claims Act, an action under the federal
8    Civil Rights Act (42 U.S.C. 1983), or a second or
9    subsequent petition for post-conviction relief under
10    Article 122 of the Code of Criminal Procedure of 1963
11    whether filed with or without leave of court or a second or
12    subsequent petition for relief from judgment under Section
13    2-1401 of the Code of Civil Procedure.
14    (e) Nothing in Public Act 90-592 or 90-593 affects the
15validity of Public Act 89-404.
16    (f) Whenever the Department is to release any inmate who
17has been convicted of a violation of an order of protection
18under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19the Criminal Code of 2012, earlier than it otherwise would
20because of a grant of sentence credit, the Department, as a
21condition of release, shall require that the person, upon
22release, be placed under electronic surveillance as provided
23in Section 5-8A-7 of this Code.
24(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
25101-440, eff. 1-1-20; revised 8-19-20.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 3-6-3. Rules and regulations for sentence credit.
3    (a)(1) The Department of Corrections shall prescribe rules
4and regulations for awarding and revoking sentence credit for
5persons committed to the Department which shall be subject to
6review by the Prisoner Review Board.
7    (1.5) As otherwise provided by law, sentence credit may be
8awarded for the following:
9        (A) successful completion of programming while in
10    custody of the Department or while in custody prior to
11    sentencing;
12        (B) compliance with the rules and regulations of the
13    Department; or
14        (C) service to the institution, service to a
15    community, or service to the State.
16    (2) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide, with respect to offenses listed in clause (i),
19(ii), or (iii) of this paragraph (2) committed on or after June
2019, 1998 or with respect to the offense listed in clause (iv)
21of this paragraph (2) committed on or after June 23, 2005 (the
22effective date of Public Act 94-71) or with respect to offense
23listed in clause (vi) committed on or after June 1, 2008 (the
24effective date of Public Act 95-625) or with respect to the
25offense of being an armed habitual criminal committed on or
26after August 2, 2005 (the effective date of Public Act 94-398)

 

 

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1or with respect to the offenses listed in clause (v) of this
2paragraph (2) committed on or after August 13, 2007 (the
3effective date of Public Act 95-134) or with respect to the
4offense of aggravated domestic battery committed on or after
5July 23, 2010 (the effective date of Public Act 96-1224) or
6with respect to the offense of attempt to commit terrorism
7committed on or after January 1, 2013 (the effective date of
8Public Act 97-990) or with respect to the offense of bringing
9contraband into a penal institution as described in subsection
10(a) of Section 31A-1.1 of the Criminal Code of 2012 committed
11on or after the effective date of this amendatory Act of the
12102nd General Assembly, the following:
13        (i) that a prisoner who is serving a term of
14    imprisonment for first degree murder or for the offense of
15    terrorism shall receive no sentence credit and shall serve
16    the entire sentence imposed by the court;
17        (ii) that a prisoner serving a sentence for attempt to
18    commit terrorism, attempt to commit first degree murder,
19    solicitation of murder, solicitation of murder for hire,
20    intentional homicide of an unborn child, predatory
21    criminal sexual assault of a child, aggravated criminal
22    sexual assault, criminal sexual assault, aggravated
23    kidnapping, aggravated battery with a firearm as described
24    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
25    or (e)(4) of Section 12-3.05, heinous battery as described
26    in Section 12-4.1 or subdivision (a)(2) of Section

 

 

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

 

 

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

 

 

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1        (viii) that a prisoner serving a sentence for bringing
2    contraband into a penal institution as described in
3    subsection (a) of Section 31A-1.1 of the Criminal Code of
4    2012 committed on or after the effective date of this
5    amendatory Act of the 102nd General Assembly shall receive
6    no more than 4.5 days of sentence credit for each month of
7    his or her sentence of imprisonment.
8    (2.1) For all offenses, other than those enumerated in
9subdivision (a)(2)(i), (ii), or (iii) committed on or after
10June 19, 1998 or subdivision (a)(2)(iv) committed on or after
11June 23, 2005 (the effective date of Public Act 94-71) or
12subdivision (a)(2)(v) committed on or after August 13, 2007
13(the effective date of Public Act 95-134) or subdivision
14(a)(2)(vi) committed on or after June 1, 2008 (the effective
15date of Public Act 95-625) or subdivision (a)(2)(vii)
16committed on or after July 23, 2010 (the effective date of
17Public Act 96-1224) or subdivision (a)(2)(viii) committed on
18or after the effective date of this amendatory Act of the 102nd
19General Assembly, and other than the offense of aggravated
20driving under the influence of alcohol, other drug or drugs,
21or intoxicating compound or compounds, or any combination
22thereof as defined in subparagraph (F) of paragraph (1) of
23subsection (d) of Section 11-501 of the Illinois Vehicle Code,
24and other than the offense of aggravated driving under the
25influence of alcohol, other drug or drugs, or intoxicating
26compound or compounds, or any combination thereof as defined

 

 

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1in subparagraph (C) of paragraph (1) of subsection (d) of
2Section 11-501 of the Illinois Vehicle Code committed on or
3after January 1, 2011 (the effective date of Public Act
496-1230), the rules and regulations shall provide that a
5prisoner who is serving a term of imprisonment shall receive
6one day of sentence credit for each day of his or her sentence
7of imprisonment or recommitment under Section 3-3-9. Each day
8of sentence credit shall reduce by one day the prisoner's
9period of imprisonment or recommitment under Section 3-3-9.
10    (2.2) A prisoner serving a term of natural life
11imprisonment or a prisoner who has been sentenced to death
12shall receive no sentence credit.
13    (2.3) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of
19paragraph (1) of subsection (d) of Section 11-501 of the
20Illinois Vehicle Code, shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (2.4) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide with respect to the offenses of aggravated
26battery with a machine gun or a firearm equipped with any

 

 

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1device or attachment designed or used for silencing the report
2of a firearm or aggravated discharge of a machine gun or a
3firearm equipped with any device or attachment designed or
4used for silencing the report of a firearm, committed on or
5after July 15, 1999 (the effective date of Public Act 91-121),
6that a prisoner serving a sentence for any of these offenses
7shall receive no more than 4.5 days of sentence credit for each
8month of his or her sentence of imprisonment.
9    (2.5) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide that a prisoner who is serving a sentence for
12aggravated arson committed on or after July 27, 2001 (the
13effective date of Public Act 92-176) shall receive no more
14than 4.5 days of sentence credit for each month of his or her
15sentence of imprisonment.
16    (2.6) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds or any
21combination thereof as defined in subparagraph (C) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code committed on or after January 1, 2011
24(the effective date of Public Act 96-1230) shall receive no
25more than 4.5 days of sentence credit for each month of his or
26her sentence of imprisonment.

 

 

SB2917- 30 -LRB102 20347 RLC 29203 b

1    (3) In addition to the sentence credits earned under
2paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that the Director may award up to 180 days of earned sentence
5credit for prisoners serving a sentence of incarceration of
6less than 5 years, and up to 365 days of earned sentence credit
7for prisoners serving a sentence of 5 years or longer. The
8Director may grant this credit for good conduct in specific
9instances as the Director deems proper. The good conduct may
10include, but is not limited to, compliance with the rules and
11regulations of the Department, service to the Department,
12service to a community, or service to the State.
13    Eligible inmates for an award of earned sentence credit
14under this paragraph (3) may be selected to receive the credit
15at the Director's or his or her designee's sole discretion.
16Eligibility for the additional earned sentence credit under
17this paragraph (3) may be based on, but is not limited to,
18participation in programming offered by the Department
19department as appropriate for the prisoner based on the
20results of any available risk/needs assessment or other
21relevant assessments or evaluations administered by the
22Department using a validated instrument, the circumstances of
23the crime, demonstrated commitment to rehabilitation by a
24prisoner with a history of conviction for a forcible felony
25enumerated in Section 2-8 of the Criminal Code of 2012, the
26inmate's behavior and improvements in disciplinary history

 

 

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1while incarcerated, and the inmate's commitment to
2rehabilitation, including participation in programming offered
3by the Department.
4    The Director shall not award sentence credit under this
5paragraph (3) to an inmate unless the inmate has served a
6minimum of 60 days of the sentence; except nothing in this
7paragraph shall be construed to permit the Director to extend
8an inmate's sentence beyond that which was imposed by the
9court. Prior to awarding credit under this paragraph (3), the
10Director shall make a written determination that the inmate:
11        (A) is eligible for the earned sentence credit;
12        (B) has served a minimum of 60 days, or as close to 60
13    days as the sentence will allow;
14        (B-1) has received a risk/needs assessment or other
15    relevant evaluation or assessment administered by the
16    Department using a validated instrument; and
17        (C) has met the eligibility criteria established by
18    rule for earned sentence credit.
19    The Director shall determine the form and content of the
20written determination required in this subsection.
21    (3.5) The Department shall provide annual written reports
22to the Governor and the General Assembly on the award of earned
23sentence credit no later than February 1 of each year. The
24Department must publish both reports on its website within 48
25hours of transmitting the reports to the Governor and the
26General Assembly. The reports must include:

 

 

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1        (A) the number of inmates awarded earned sentence
2    credit;
3        (B) the average amount of earned sentence credit
4    awarded;
5        (C) the holding offenses of inmates awarded earned
6    sentence credit; and
7        (D) the number of earned sentence credit revocations.
8    (4)(A) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations shall also provide
10that any prisoner who is engaged full-time in substance abuse
11programs, correctional industry assignments, educational
12programs, work-release programs or activities in accordance
13with Article 13 of Chapter III of this Code 730 ILCS 5/3-13-1
14et seq., behavior modification programs, life skills courses,
15or re-entry planning provided by the Department under this
16paragraph (4) and satisfactorily completes the assigned
17program as determined by the standards of the Department,
18shall receive [one day] of sentence credit for each day in
19which that prisoner is engaged in the activities described in
20this paragraph. The rules and regulations shall also provide
21that sentence credit may be provided to an inmate who was held
22in pre-trial detention prior to his or her current commitment
23to the Department of Corrections and successfully completed a
24full-time, 60-day or longer substance abuse program,
25educational program, behavior modification program, life
26skills course, or re-entry planning provided by the county

 

 

SB2917- 33 -LRB102 20347 RLC 29203 b

1department of corrections or county jail. Calculation of this
2county program credit shall be done at sentencing as provided
3in Section 5-4.5-100 of this Code and shall be included in the
4sentencing order. The rules and regulations shall also provide
5that sentence credit may be provided to an inmate who is in
6compliance with programming requirements in an adult
7transition center.
8    (B) The Department shall award sentence credit under this
9paragraph (4) accumulated prior to January 1, 2020 (the
10effective date of Public Act 101-440) in an amount specified
11in subparagraph (C) of this paragraph (4) to an inmate serving
12a sentence for an offense committed prior to June 19, 1998, if
13the Department determines that the inmate is entitled to this
14sentence credit, based upon:
15        (i) documentation provided by the Department that the
16    inmate engaged in any full-time substance abuse programs,
17    correctional industry assignments, educational programs,
18    behavior modification programs, life skills courses, or
19    re-entry planning provided by the Department under this
20    paragraph (4) and satisfactorily completed the assigned
21    program as determined by the standards of the Department
22    during the inmate's current term of incarceration; or
23        (ii) the inmate's own testimony in the form of an
24    affidavit or documentation, or a third party's
25    documentation or testimony in the form of an affidavit
26    that the inmate likely engaged in any full-time substance

 

 

SB2917- 34 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 35 -LRB102 20347 RLC 29203 b

1No inmate serving a term of natural life imprisonment shall
2receive sentence credit under subparagraph (B) of this
3paragraph (4).
4    Educational, vocational, substance abuse, behavior
5modification programs, life skills courses, re-entry planning,
6and correctional industry programs under which sentence credit
7may be earned increased under this paragraph (4) and paragraph
8(4.1) of this subsection (a) shall be evaluated by the
9Department on the basis of documented standards. The
10Department shall report the results of these evaluations to
11the Governor and the General Assembly by September 30th of
12each year. The reports shall include data relating to the
13recidivism rate among program participants.
14    Availability of these programs shall be subject to the
15limits of fiscal resources appropriated by the General
16Assembly for these purposes. Eligible inmates who are denied
17immediate admission shall be placed on a waiting list under
18criteria established by the Department. The rules and
19regulations shall provide that a prisoner who has been placed
20on a waiting list but is transferred for non-disciplinary
21reasons before beginning a program shall receive priority
22placement on the waitlist for appropriate programs at the new
23facility. The inability of any inmate to become engaged in any
24such programs by reason of insufficient program resources or
25for any other reason established under the rules and
26regulations of the Department shall not be deemed a cause of

 

 

SB2917- 36 -LRB102 20347 RLC 29203 b

1action under which the Department or any employee or agent of
2the Department shall be liable for damages to the inmate. The
3rules and regulations shall provide that a prisoner who begins
4an educational, vocational, substance abuse, work-release
5programs or activities in accordance with Article 13 of
6Chapter III of this Code 730 ILCS 5/3-13-1 et seq., behavior
7modification program, life skills course, re-entry planning,
8or correctional industry programs but is unable to complete
9the program due to illness, disability, transfer, lockdown, or
10another reason outside of the prisoner's control shall receive
11prorated sentence credits for the days in which the prisoner
12did participate.
13    (4.1) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations shall also provide
15that an additional 90 days of sentence credit shall be awarded
16to any prisoner who passes high school equivalency testing
17while the prisoner is committed to the Department of
18Corrections. The sentence credit awarded under this paragraph
19(4.1) shall be in addition to, and shall not affect, the award
20of sentence credit under any other paragraph of this Section,
21but shall also be pursuant to the guidelines and restrictions
22set forth in paragraph (4) of subsection (a) of this Section.
23The sentence credit provided for in this paragraph shall be
24available only to those prisoners who have not previously
25earned a high school diploma or a high school equivalency
26certificate. If, after an award of the high school equivalency

 

 

SB2917- 37 -LRB102 20347 RLC 29203 b

1testing sentence credit has been made, the Department
2determines that the prisoner was not eligible, then the award
3shall be revoked. The Department may also award 90 days of
4sentence credit to any committed person who passed high school
5equivalency testing while he or she was held in pre-trial
6detention prior to the current commitment to the Department of
7Corrections. Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations shall provide that
9an additional 120 days of sentence credit shall be awarded to
10any prisoner who obtains an a associate degree while the
11prisoner is committed to the Department of Corrections,
12regardless of the date that the associate degree was obtained,
13including if prior to July 1, 2021 (the effective date of
14Public Act 101-652) this amendatory Act of the 101st General
15Assembly. The sentence credit awarded under this paragraph
16(4.1) shall be in addition to, and shall not affect, the award
17of sentence credit under any other paragraph of this Section,
18but shall also be under the guidelines and restrictions set
19forth in paragraph (4) of subsection (a) of this Section. The
20sentence credit provided for in this paragraph (4.1) shall be
21available only to those prisoners who have not previously
22earned an associate degree prior to the current commitment to
23the Department of Corrections. If, after an award of the
24associate degree sentence credit has been made and the
25Department determines that the prisoner was not eligible, then
26the award shall be revoked. The Department may also award 120

 

 

SB2917- 38 -LRB102 20347 RLC 29203 b

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

 

 

SB2917- 39 -LRB102 20347 RLC 29203 b

1additional 180 days of sentence credit shall be awarded to any
2prisoner who obtains a master's or professional degree while
3the prisoner is committed to the Department of Corrections.
4The sentence credit awarded under this paragraph (4.1) shall
5be in addition to, and shall not affect, the award of sentence
6credit under any other paragraph of this Section, but shall
7also be under the guidelines and restrictions set forth in
8paragraph (4) of this subsection (a). The sentence credit
9provided for in this paragraph shall be available only to
10those prisoners who have not previously earned a master's or
11professional degree prior to the current commitment to the
12Department of Corrections. If, after an award of the master's
13or professional degree sentence credit has been made, the
14Department determines that the prisoner was not eligible, then
15the award shall be revoked. The Department may also award 180
16days of sentence credit to any committed person who earned a
17master's or professional degree while he or she was held in
18pre-trial detention prior to the current commitment to the
19Department of Corrections.
20    (4.2) The rules and regulations shall also provide that
21any prisoner engaged in self-improvement programs, volunteer
22work, or work assignments that are not otherwise eligible
23activities under paragraph section (4), shall receive up to
240.5 days of sentence credit for each day in which the prisoner
25is engaged in activities described in this paragraph.
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), sentence credit under paragraph (3), (4),
12or (4.1) of this subsection (a) may be awarded to a prisoner
13who is serving a sentence for an offense described in
14paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
15on or after January 1, 2018 (the effective date of Public Act
16100-3); provided, the award of the credits under this
17paragraph (4.7) shall not reduce the sentence of the prisoner
18to less than the following amounts:
19        (i) 85% of his or her sentence if the prisoner is
20    required to serve 85% of his or her sentence; or
21        (ii) 60% of his or her sentence if the prisoner is
22    required to serve 75% of his or her sentence, except if the
23    prisoner is serving a sentence for gunrunning his or her
24    sentence shall not be reduced to less than 75%.
25        (iii) 100% of his or her sentence if the prisoner is
26    required to serve 100% of his or her sentence.

 

 

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1    (4.8) On or after the effective date of this amendatory
2Act of the 102nd General Assembly, sentence credit under
3paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection
4(a) may not be awarded to a prisoner who is serving a sentence
5for bringing contraband into a penal institution as described
6in subsection (a) of Section 31A-1.1 of the Criminal Code of
72012.
8    (5) Whenever the Department is to release any inmate
9earlier than it otherwise would because of a grant of earned
10sentence credit under paragraph (3) of subsection (a) of this
11Section given at any time during the term, the Department
12shall give reasonable notice of the impending release not less
13than 14 days prior to the date of the release to the State's
14Attorney of the county where the prosecution of the inmate
15took place, and if applicable, the State's Attorney of the
16county into which the inmate will be released. The Department
17must also make identification information and a recent photo
18of the inmate being released accessible on the Internet by
19means of a hyperlink labeled "Community Notification of Inmate
20Early Release" on the Department's World Wide Web homepage.
21The identification information shall include the inmate's:
22name, any known alias, date of birth, physical
23characteristics, commitment offense, and county where
24conviction was imposed. The identification information shall
25be placed on the website within 3 days of the inmate's release
26and the information may not be removed until either:

 

 

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1completion of the first year of mandatory supervised release
2or return of the inmate to custody of the Department.
3    (b) Whenever a person is or has been committed under
4several convictions, with separate sentences, the sentences
5shall be construed under Section 5-8-4 in granting and
6forfeiting of sentence credit.
7    (c) (1) The Department shall prescribe rules and
8regulations for revoking sentence credit, including revoking
9sentence credit awarded under paragraph (3) of subsection (a)
10of this Section. The Department shall prescribe rules and
11regulations establishing and requiring the use of a sanctions
12matrix for revoking sentence credit. The Department shall
13prescribe rules and regulations for suspending or reducing the
14rate of accumulation of sentence credit for specific rule
15violations, during imprisonment. These rules and regulations
16shall provide that no inmate may be penalized more than one
17year of sentence credit for any one infraction.
18    (2) When the Department seeks to revoke, suspend, or
19reduce the rate of accumulation of any sentence credits for an
20alleged infraction of its rules, it shall bring charges
21therefor against the prisoner sought to be so deprived of
22sentence credits before the Prisoner Review Board as provided
23in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
24amount of credit at issue exceeds 30 days, whether from one
25infraction or cumulatively from multiple infractions arising
26out of a single event, or when, during any 12-month period, the

 

 

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1cumulative amount of credit revoked exceeds 30 days except
2where the infraction is committed or discovered within 60 days
3of scheduled release. In those cases, the Department of
4Corrections may revoke up to 30 days of sentence credit. The
5Board may subsequently approve the revocation of additional
6sentence credit, if the Department seeks to revoke sentence
7credit in excess of 30 days. However, the Board shall not be
8empowered to review the Department's decision with respect to
9the loss of 30 days of sentence credit within any calendar year
10for any prisoner or to increase any penalty beyond the length
11requested by the Department.
12    (3) The Director of the Department of Corrections, in
13appropriate cases, may restore sentence credits which have
14been revoked, suspended, or reduced. The Department shall
15prescribe rules and regulations governing the restoration of
16sentence credits. These rules and regulations shall provide
17for the automatic restoration of sentence credits following a
18period in which the prisoner maintains a record without a
19disciplinary violation.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of

 

 

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

 

 

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1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

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1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided
5in Section 5-8A-7 of this Code.
6(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
7101-440, eff. 1-1-20; 101-652, eff. 7-1-21; revised 4-28-21.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.