Full Text of SB3467 96th General Assembly
SB3467enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexually Violent Persons Commitment Act is | 5 |
| amended by changing Sections 15, 25, 40, 60, and 65 as follows:
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| (725 ILCS 207/15)
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| Sec. 15. Sexually violent person petition; contents; | 8 |
| filing.
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| (a) A petition alleging that a person is a sexually violent
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| person must be filed before the release or discharge of the | 11 |
| person or within 30 days of placement onto parole or mandatory | 12 |
| supervised release for an offense enumerated in paragraph (e) | 13 |
| of Section 5 of this Act. A petition may be filed by the | 14 |
| following: may be filed by:
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| (1) The Attorney General on his or her own motion, | 16 |
| after consulting with and advising the State's Attorney of | 17 |
| the county in which the person was convicted of a sexually | 18 |
| violent offense, adjudicated delinquent for a sexually | 19 |
| violent offense or found not guilty of or not responsible | 20 |
| for a sexually violent offense by reason of insanity, | 21 |
| mental disease, or mental defect; or , at the request of the | 22 |
| agency with
jurisdiction over the person, as defined in | 23 |
| subsection (a) of Section 10 of
this Act, or on his or her |
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| own motion. If the Attorney General, after
consulting with | 2 |
| and advising the State's Attorney of the county
referenced | 3 |
| in paragraph (a)(2) of this Section, decides to file a
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| petition under this Section, he or she shall file the | 5 |
| petition before the
release or discharge of the person
or | 6 |
| within 30 days of placement onto parole or mandatory | 7 |
| supervised release
for an offense enumerated in paragraph | 8 |
| (e) of Section 5 of this Act.
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| (2) The State's Attorney of the county referenced in | 10 |
| paragraph (1)(a)(1) of this Section, on his or her own | 11 |
| motion; or If the Attorney General does not file a petition | 12 |
| under
this Section, the State's Attorney
of the county in | 13 |
| which the
person was convicted of a sexually violent | 14 |
| offense, adjudicated
delinquent for a sexually violent | 15 |
| offense or found not guilty of
or not responsible for a | 16 |
| sexually violent offense by reason of
insanity, mental | 17 |
| disease, or mental defect may file a petition.
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| (3) The Attorney General and the State's Attorney of | 19 |
| the county referenced in paragraph (1)(a)(1) of this | 20 |
| Section may jointly file a petition on their own motion; or | 21 |
| (4) A petition may be filed at the request of the | 22 |
| agency with jurisdiction over the person, as defined in | 23 |
| subsection (a) of Section 10 of this Act, by: | 24 |
| (a) the Attorney General; | 25 |
| (b) the State's Attorney of the county referenced | 26 |
| in paragraph (1)(a)(1) of this Section; or |
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| (c) the Attorney General and the State's Attorney | 2 |
| jointly. The Attorney General and the State's Attorney
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| referenced in paragraph (a)(2) of this Section | 4 |
| jointly.
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| (b) A petition filed under this Section shall allege that | 6 |
| all of the
following apply to the person alleged to be a | 7 |
| sexually violent person:
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| (1) The person satisfies any of the following criteria:
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| (A) The person has been convicted of a sexually | 10 |
| violent offense;
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| (B) The person has been found delinquent for a | 12 |
| sexually
violent offense; or
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| (C) The person has been found not guilty of a | 14 |
| sexually
violent offense by reason of insanity, mental | 15 |
| disease, or mental
defect.
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| (2) (Blank).
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| (3) (Blank).
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| (4) The person has a mental disorder.
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| (5) The person is dangerous to others because the | 20 |
| person's
mental disorder creates a substantial probability | 21 |
| that he or she
will engage in acts of sexual violence.
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| (b-5) The petition must be filed no more than 90 days | 23 |
| before discharge or entry into mandatory
supervised release | 24 |
| from a Department of Corrections or the Department of Juvenile | 25 |
| Justice correctional facility for
a sentence that was imposed | 26 |
| upon a conviction for a sexually violent offense. For inmates |
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| sentenced under the law in effect prior to February 1, 1978, | 2 |
| the petition shall be filed no more than 90 days after the | 3 |
| Prisoner Review Board's order granting parole pursuant to | 4 |
| Section 3-3-5 of the Unified Code of Corrections.
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| (b-6) The petition must be filed no more than 90 days | 6 |
| before discharge or release:
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| (1) from a Department of Juvenile Justice juvenile | 8 |
| correctional facility if
the person was placed in the | 9 |
| facility for being adjudicated delinquent under
Section | 10 |
| 5-20 of the Juvenile Court Act of 1987 or found guilty
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| under Section 5-620 of that Act on the basis of a sexually | 12 |
| violent offense; or
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| (2) from a commitment order that was entered as a | 14 |
| result of a sexually
violent offense.
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| (b-7) A person convicted of a sexually violent offense | 16 |
| remains eligible for commitment as a sexually violent person | 17 |
| pursuant to this Act under the following circumstances:
(1) the | 18 |
| person is in custody for a sentence that is being served | 19 |
| concurrently or consecutively with a sexually violent offense;
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| (2) the person returns to the custody of the Illinois | 21 |
| Department of Corrections or the Department of Juvenile Justice | 22 |
| for any reason during the term of parole or mandatory | 23 |
| supervised release being served for a sexually violent offense;
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| or (3) the person is convicted or adjudicated delinquent for | 25 |
| any offense committed during the term of parole or mandatory | 26 |
| supervised release being served for a sexually violent offense, |
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| regardless of whether that conviction or adjudication was for a | 2 |
| sexually violent offense.
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| (c) A petition filed under this Section shall state with
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| particularity essential facts to establish probable cause to
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| believe the person is a sexually violent person. If the | 6 |
| petition
alleges that a sexually violent offense or act that is | 7 |
| a basis for
the allegation under paragraph (b)(1) of this | 8 |
| Section was an act
that was sexually motivated as provided | 9 |
| under paragraph (e)(2) of Section
5 of this Act, the petition | 10 |
| shall state the grounds on which the
offense or act is alleged | 11 |
| to be sexually motivated.
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| (d) A petition under this Section shall be filed in either | 13 |
| of
the following:
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| (1) The circuit court for the county in which the | 15 |
| person was
convicted of a sexually violent offense, | 16 |
| adjudicated delinquent
for a sexually violent offense or | 17 |
| found not guilty of a sexually
violent offense by reason of | 18 |
| insanity, mental disease or mental
defect.
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| (2) The circuit court for the county in which the | 20 |
| person is
in custody under a sentence, a placement to a | 21 |
| Department of
Corrections correctional facility or a | 22 |
| Department of Juvenile Justice juvenile correctional
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| facility, or a commitment order. | 24 |
| (e) The filing of a petition under this Act shall toll the | 25 |
| running of the term of parole or mandatory supervised release | 26 |
| until: |
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| (1) dismissal of the petition filed under this Act; | 2 |
| (2) a finding by a judge or jury that the respondent is | 3 |
| not a sexually violent person; or | 4 |
| (3) the sexually violent person is discharged under | 5 |
| Section 65 of this Act , unless the person has successfully | 6 |
| completed a period of conditional release pursuant to | 7 |
| Section 60 of this Act .
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| (f) The State has the right to have the person evaluated by | 9 |
| experts chosen by the State. The agency with jurisdiction as | 10 |
| defined in Section 10 of this Act shall allow the expert | 11 |
| reasonable access to the person for purposes of examination, to | 12 |
| the person's records, and to past and present treatment | 13 |
| providers and any other staff members relevant to the | 14 |
| examination. | 15 |
| (Source: P.A. 94-696, eff. 6-1-06; 94-992, eff. 1-1-07.)
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| (725 ILCS 207/25)
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| Sec. 25. Rights of persons subject to petition.
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| (a) Any person who is the subject of a petition filed under
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| Section 15 of this Act shall be served with a copy of the
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| petition in accordance with the Civil Practice Law.
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| (b) The circuit court in which a petition under Section 15 | 22 |
| of
this Act is filed shall conduct all hearings under this Act. | 23 |
| The
court shall give the person who is the subject of the | 24 |
| petition
reasonable notice of the time and place of each such | 25 |
| hearing. The
court may designate additional persons to receive |
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| these notices.
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| (c) Except as provided in paragraph (b)(1) of Section 65 | 3 |
| and Section 70 of
this Act,
at any hearing conducted under this | 4 |
| Act, the person who is the
subject of the petition has the | 5 |
| right:
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| (1) To be present and to be represented by counsel. If | 7 |
| the person is
indigent, the court shall
appoint counsel.
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| (2) To remain silent.
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| (3) To present and cross-examine witnesses.
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| (4) To have the hearing recorded by a court reporter.
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| (d) The person who is the subject of the petition, the | 12 |
| person's
attorney, the Attorney General or the State's Attorney | 13 |
| may request
that a trial under Section 35 of this Act be to a | 14 |
| jury. A verdict
of a jury under this Act is not valid unless it | 15 |
| is unanimous.
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| (e) Whenever the person who is the subject of the petition | 17 |
| is
required to submit to an examination under this Act, he or | 18 |
| she may
retain experts or professional persons to perform an | 19 |
| examination. The State has the right to have the person | 20 |
| evaluated by an expert chosen by the State. All examiners | 21 |
| retained by or appointed for any party
If the person retains a | 22 |
| qualified expert or professional person
of his or her own | 23 |
| choice to conduct an examination, the examiner
shall have | 24 |
| reasonable access to the person for the purpose of the
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| examination, as well as to the person's past and present | 26 |
| treatment
records and patient health care records. If the |
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| person is
indigent, the court shall, upon the person's request, | 2 |
| appoint a
qualified and available expert or professional person | 3 |
| to perform
an examination. Upon the order of the circuit court, | 4 |
| the county
shall pay, as part of the costs of the action, the | 5 |
| costs of a
court-appointed expert or professional person to | 6 |
| perform an
examination and participate in the trial on behalf | 7 |
| of an indigent
person.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
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| (725 ILCS 207/40)
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| Sec. 40. Commitment.
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| (a) If a court or jury determines that the person who is | 12 |
| the
subject of a petition under Section 15 of this Act is a | 13 |
| sexually
violent person, the court shall order the person to be | 14 |
| committed
to the custody of the Department for control, care | 15 |
| and treatment
until such time as the person is no longer a | 16 |
| sexually violent
person.
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| (b) (1) The court shall enter an initial commitment order | 18 |
| under
this Section pursuant to a hearing held as soon as | 19 |
| practicable
after the judgment is entered that the person | 20 |
| who is the subject of a
petition under Section 15 is a | 21 |
| sexually violent person.
If the court lacks sufficient | 22 |
| information to make the
determination required by | 23 |
| paragraph (b)(2) of this Section
immediately after trial, | 24 |
| it may adjourn the hearing and order the
Department to | 25 |
| conduct a predisposition investigation or a
supplementary |
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| mental examination, or both, to assist the court in
framing | 2 |
| the commitment order. If the Department's examining | 3 |
| evaluator previously rendered an opinion that the person | 4 |
| who is the subject of a petition under Section 15 does not | 5 |
| meet the criteria to be found a sexually violent person, | 6 |
| then another evaluator shall conduct the predisposition | 7 |
| investigation and/or supplementary mental examination. A | 8 |
| supplementary mental examination
under this Section shall | 9 |
| be conducted in accordance with Section
3-804 of the Mental | 10 |
| Health and Developmental Disabilities Code.
The State has | 11 |
| the right to have the person evaluated by experts chosen by | 12 |
| the State.
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| (2) An order for commitment under this Section shall | 14 |
| specify
either institutional care in a secure facility, as | 15 |
| provided under
Section 50 of this Act, or conditional | 16 |
| release. In determining
whether commitment shall be for | 17 |
| institutional care in a secure
facility or for conditional | 18 |
| release, the court shall consider the
nature and | 19 |
| circumstances of the behavior that was the basis of the
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| allegation in the petition under paragraph (b)(1) of | 21 |
| Section 15, the person's
mental history and present mental | 22 |
| condition, where the person will
live, how the person will | 23 |
| support himself or herself, and what
arrangements are | 24 |
| available to ensure that the person has access to
and will | 25 |
| participate in necessary treatment.
All treatment, whether | 26 |
| in institutional care, in a secure facility, or while
on
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| conditional release, shall be conducted in conformance
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| with the standards developed under the Sex Offender | 3 |
| Management Board
Act and conducted by a treatment provider | 4 |
| approved by the Board.
The Department shall
arrange for | 5 |
| control, care and treatment of the person in the least
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| restrictive manner consistent with the requirements of the | 7 |
| person
and in accordance with the court's commitment order.
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| (3) If the court finds that the person is appropriate | 9 |
| for
conditional release, the court shall notify the | 10 |
| Department. The
Department shall prepare a plan that | 11 |
| identifies the treatment and
services, if any, that the | 12 |
| person will receive in the community.
The plan shall | 13 |
| address the person's need, if any, for
supervision, | 14 |
| counseling, medication, community support services,
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| residential services, vocational services, and alcohol or | 16 |
| other
drug abuse treatment. The Department may contract | 17 |
| with a county
health department, with another public agency | 18 |
| or with a private
agency to provide the treatment and | 19 |
| services identified in the
plan. The plan shall specify who | 20 |
| will be responsible for
providing the treatment and | 21 |
| services identified in the plan. The
plan shall be | 22 |
| presented to the court for its approval within 60
days | 23 |
| after the court finding that the person is appropriate for
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| conditional release, unless the Department and the person | 25 |
| to be
released request additional time to develop the plan.
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| The conditional release program operated under this |
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| Section is not
subject to the provisions of the Mental | 2 |
| Health and Developmental Disabilities
Confidentiality Act.
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| (4) An order for conditional release places the person | 4 |
| in
the custody and control of the Department. A person on
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| conditional release is subject to the conditions set by the | 6 |
| court
and to the rules of the Department. Before a person | 7 |
| is placed on
conditional release by the court under this | 8 |
| Section, the court
shall so notify the municipal police | 9 |
| department and county sheriff
for the municipality and | 10 |
| county in which the person will be
residing. The | 11 |
| notification requirement under this Section does
not apply | 12 |
| if a municipal police department or county sheriff
submits | 13 |
| to the court a written statement waiving the right to be
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| notified. Notwithstanding any other provision in the Act, | 15 |
| the person being supervised on conditional release shall | 16 |
| not reside at the same street address as another sex | 17 |
| offender being supervised on conditional release under | 18 |
| this Act, mandatory supervised release, parole, probation, | 19 |
| or any other manner of supervision. If the Department | 20 |
| alleges that a released person has
violated any condition | 21 |
| or rule, or that the safety of others
requires that | 22 |
| conditional release be revoked, he or she may be
taken into | 23 |
| custody under the rules of the Department.
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| At any time during which the person is on conditional | 25 |
| release, if the
Department determines that the person has | 26 |
| violated any condition or rule, or
that the safety of |
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| others requires that conditional release be revoked, the
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| Department may request the Attorney General or State's | 3 |
| Attorney to request the
court to issue an emergency ex | 4 |
| parte order directing any law enforcement
officer
to take | 5 |
| the person into custody and transport the person to the | 6 |
| county jail.
The Department may request, or the Attorney | 7 |
| General or State's Attorney may
request independently of | 8 |
| the Department, that a petition to revoke conditional
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| release be filed. When a petition is filed, the court may | 10 |
| order the Department
to issue a notice to the person to be | 11 |
| present at the Department or other
agency designated by the | 12 |
| court, order a summons to the person to be present, or
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| order a body attachment for all law enforcement officers to | 14 |
| take the person
into custody and transport him or her to | 15 |
| the county jail, hospital, or
treatment
facility.
The
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| Department shall submit a statement showing probable cause | 17 |
| of the
detention and a petition to revoke the order for | 18 |
| conditional
release to the committing court within 48 hours | 19 |
| after the
detention. The court shall hear the petition | 20 |
| within 30 days,
unless the hearing or time deadline is | 21 |
| waived by the detained
person. Pending the revocation | 22 |
| hearing, the Department may detain
the person in a jail, in | 23 |
| a hospital or treatment facility. The
State has the burden | 24 |
| of proving by clear and convincing evidence
that any rule | 25 |
| or condition of release has been violated, or that
the | 26 |
| safety of others requires that the conditional release be
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| revoked. If the court determines after hearing that any | 2 |
| rule or
condition of release has been violated, or that the | 3 |
| safety of
others requires that conditional release be | 4 |
| revoked, it may revoke
the order for conditional release | 5 |
| and order that the released
person be placed in an | 6 |
| appropriate institution until the person is
discharged | 7 |
| from the commitment under Section 65 of this Act or
until | 8 |
| again placed on conditional release under Section 60 of | 9 |
| this
Act.
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| (5) An order for conditional release places the person | 11 |
| in the custody,
care, and control of the Department. The | 12 |
| court shall order the person be
subject to the following | 13 |
| rules of conditional release, in addition to any other
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| conditions ordered, and the person shall be given a | 15 |
| certificate setting forth
the
conditions of conditional | 16 |
| release. These conditions shall be that the person:
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| (A) not violate any criminal statute of any | 18 |
| jurisdiction;
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| (B) report to or appear in person before such | 20 |
| person or agency as
directed by the court and the | 21 |
| Department;
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| (C) refrain from possession of a firearm or other | 23 |
| dangerous weapon;
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| (D) not leave the State without the consent of the | 25 |
| court or, in
circumstances in which the reason for the | 26 |
| absence is of such an emergency
nature, that prior |
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| consent by the court is not possible without the prior
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| notification and approval of the Department;
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| (E) at the direction of the Department, notify | 4 |
| third parties of the
risks that may be occasioned by | 5 |
| his or her criminal record or sexual offending
history | 6 |
| or characteristics, and permit the supervising officer | 7 |
| or agent to make
the
notification requirement;
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| (F) attend and fully participate in assessment, | 9 |
| treatment, and behavior
monitoring including, but not | 10 |
| limited to, medical, psychological or psychiatric
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| treatment specific to sexual offending, drug | 12 |
| addiction, or alcoholism, to the
extent appropriate to | 13 |
| the person based upon the recommendation and findings
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| made in the Department evaluation or based upon any | 15 |
| subsequent recommendations
by the Department;
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| (G) waive confidentiality allowing the court and | 17 |
| Department access to
assessment or treatment results | 18 |
| or both;
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| (H) work regularly at a Department approved | 20 |
| occupation or pursue a
course of study or vocational | 21 |
| training and notify the Department within
72 hours of | 22 |
| any change in employment, study, or training;
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| (I) not be employed or participate in any volunteer | 24 |
| activity that
involves contact with children, except | 25 |
| under circumstances approved in advance
and in writing | 26 |
| by the Department officer;
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| (J) submit to the search of his or her person, | 2 |
| residence, vehicle, or
any personal or
real property | 3 |
| under his or her control at any time by the Department;
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| (K) financially support his or her dependents and | 5 |
| provide the Department
access
to any requested | 6 |
| financial information;
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| (L) serve a term of home confinement, the | 8 |
| conditions of which shall be
that the person:
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| (i) remain within the interior premises of the | 10 |
| place designated for
his or her confinement during | 11 |
| the hours designated by the Department;
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| (ii) admit any person or agent designated by | 13 |
| the Department into the
offender's place of | 14 |
| confinement at any time for purposes of verifying | 15 |
| the
person's compliance with the condition of his | 16 |
| or her confinement;
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| (iii) if deemed necessary by the Department, | 18 |
| be placed on an
electronic monitoring device;
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| (M) comply with the terms and conditions of an | 20 |
| order of protection
issued by the court pursuant to the | 21 |
| Illinois Domestic Violence Act of 1986. A
copy of the | 22 |
| order of protection shall be
transmitted to the | 23 |
| Department by the clerk of the court;
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| (N) refrain from entering into a designated | 25 |
| geographic area except upon
terms the Department finds | 26 |
| appropriate. The terms may include
consideration of |
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| the purpose of the entry, the time of day, others | 2 |
| accompanying
the person, and advance approval by the | 3 |
| Department;
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| (O) refrain from having any contact, including | 5 |
| written or oral
communications, directly or | 6 |
| indirectly, with certain specified persons
including, | 7 |
| but not limited to, the victim or the victim's family, | 8 |
| and
report any incidental contact with the victim or | 9 |
| the victim's family to
the Department within 72 hours; | 10 |
| refrain from entering onto the premises of,
traveling
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| past,
or loitering near the victim's residence, place | 12 |
| of employment, or other places
frequented by the | 13 |
| victim;
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| (P) refrain from having any contact, including | 15 |
| written or oral
communications, directly or | 16 |
| indirectly, with particular types of persons,
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| including but not limited to members of street gangs, | 18 |
| drug users, drug dealers,
or prostitutes;
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| (Q) refrain from all contact, direct or indirect, | 20 |
| personally, by
telephone, letter, or through another | 21 |
| person, with minor children without prior
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| identification and approval of the Department;
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| (R) refrain from having in his or her body the | 24 |
| presence of alcohol
or any illicit drug prohibited by | 25 |
| the Cannabis Control Act, the
Illinois
Controlled | 26 |
| Substances Act, or the Methamphetamine Control and |
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| Community Protection Act, unless prescribed by a | 2 |
| physician, and submit samples
of his or her breath, | 3 |
| saliva, blood, or urine
for tests to determine the
| 4 |
| presence of alcohol or any illicit drug;
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| (S) not establish a dating, intimate, or sexual | 6 |
| relationship with a
person without prior written | 7 |
| notification to the Department;
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| (T) neither possess or have under his or her | 9 |
| control any material that
is
pornographic, sexually | 10 |
| oriented, or sexually stimulating, or that depicts or
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| alludes to sexual activity or depicts minors under the | 12 |
| age of 18, including but
not limited to visual, | 13 |
| auditory, telephonic, electronic media, or any matter
| 14 |
| obtained through access to any computer or material | 15 |
| linked to computer access
use;
| 16 |
| (U) not patronize any business providing sexually | 17 |
| stimulating or
sexually oriented entertainment nor | 18 |
| utilize "900" or
adult telephone numbers or any other | 19 |
| sex-related telephone numbers;
| 20 |
| (V) not reside near, visit, or be in or about | 21 |
| parks, schools, day care
centers, swimming pools, | 22 |
| beaches, theaters, or any other places where minor
| 23 |
| children congregate without advance approval of the | 24 |
| Department and report any
incidental contact with | 25 |
| minor children to the Department within 72 hours;
| 26 |
| (W) not establish any living arrangement or |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| residence without prior
approval of the Department;
| 2 |
| (X) not publish any materials or print any | 3 |
| advertisements without
providing a copy of the | 4 |
| proposed publications to the Department officer and
| 5 |
| obtaining
permission prior to publication;
| 6 |
| (Y) not leave the county except with prior | 7 |
| permission of the Department
and provide the | 8 |
| Department officer or agent with written travel routes | 9 |
| to and
from work and any other designated destinations;
| 10 |
| (Z) not possess or have under his or her control | 11 |
| certain specified items
of
contraband related to the | 12 |
| incidence of sexually offending items including video
| 13 |
| or
still camera items or children's toys;
| 14 |
| (AA) provide a written daily log of activities as | 15 |
| directed by the
Department;
| 16 |
| (BB) comply with all other special conditions that | 17 |
| the Department may
impose that restrict the person from | 18 |
| high-risk situations and limit access or
potential | 19 |
| victims.
| 20 |
| (6) A person placed on conditional release and who | 21 |
| during the term
undergoes mandatory drug or alcohol testing | 22 |
| or is assigned to be
placed on an approved electronic | 23 |
| monitoring device may be ordered to pay all
costs | 24 |
| incidental to the mandatory drug or alcohol testing and all
| 25 |
| costs incidental to the approved electronic monitoring in | 26 |
| accordance with the
person's ability to pay those costs. |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| The Department may establish reasonable
fees for the cost | 2 |
| of maintenance, testing, and incidental expenses related | 3 |
| to
the mandatory drug or alcohol testing and all costs | 4 |
| incidental to
approved electronic monitoring.
| 5 |
| (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 6 |
| (725 ILCS 207/60)
| 7 |
| Sec. 60. Petition for conditional release.
| 8 |
| (a) Any person who is committed for institutional care in a
| 9 |
| secure facility or other facility under Section 40 of this Act | 10 |
| may
petition the committing court to modify its order by | 11 |
| authorizing
conditional release if at least 6 months have | 12 |
| elapsed since the
initial commitment order was entered, an | 13 |
| order continuing commitment was entered pursuant to Section 65, | 14 |
| the most recent release
petition was denied or the most recent | 15 |
| order for conditional
release was revoked. The director of the | 16 |
| facility at which the
person is placed may file a petition | 17 |
| under this Section on the
person's behalf at any time.
If the | 18 |
| evaluator on behalf of the Department recommends that the | 19 |
| committed person is appropriate for conditional release, then | 20 |
| the director or designee shall, within 30 days of receipt of | 21 |
| the evaluator's report, file with the committing court notice | 22 |
| of his or her intention whether or not to petition for | 23 |
| conditional release on the committed person's behalf.
| 24 |
| (b) If the person files a timely petition without counsel, | 25 |
| the
court shall serve a copy of the petition on the Attorney |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| General
or State's Attorney, whichever is applicable and, | 2 |
| subject to
paragraph (c)(1) of Section 25 of this Act, appoint | 3 |
| counsel. If the person
petitions through counsel, his or her | 4 |
| attorney shall serve the
Attorney General or State's Attorney, | 5 |
| whichever is applicable.
| 6 |
| (c) Within 20 days after receipt of the petition, upon the | 7 |
| request of the committed person or on the court's own motion, | 8 |
| the court may
shall appoint an examiner one or more examiners | 9 |
| having the specialized
knowledge determined by the court to be | 10 |
| appropriate, who shall
examine the mental condition of the | 11 |
| person and furnish a written report of
the
examination
to the | 12 |
| court within 30 days after appointment. The examiners
shall | 13 |
| have reasonable access to the person for purposes of
| 14 |
| examination and to the person's past and present treatment | 15 |
| records
and patient health care records. If any such examiner | 16 |
| believes
that the person is appropriate for conditional | 17 |
| release, the
examiner shall report on the type of treatment and | 18 |
| services that
the person may need while in the community on | 19 |
| conditional release. The State
has the right to have the person | 20 |
| evaluated by experts chosen by the State.
Any examination or | 21 |
| evaluation conducted under this Section shall be in
conformance | 22 |
| with the standards developed under the Sex Offender
Management | 23 |
| Board Act and conducted by an evaluator approved by the Board.
| 24 |
| The
court shall set a probable cause hearing as soon as | 25 |
| practical after the
examiners' reports are examiner's report is | 26 |
| filed. The probable cause hearing shall consist of a review of |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| the examining evaluators' reports and arguments on behalf of | 2 |
| the parties. If the court determines at the probable cause
| 3 |
| hearing that cause exists to believe that it is not | 4 |
| substantially probable that
the person will engage in acts of | 5 |
| sexual violence if on release or conditional
release, the court | 6 |
| shall set a hearing on the issue.
| 7 |
| (d) The court, without a jury, shall hear the petition as | 8 |
| soon as practical within
30 days after the reports report of | 9 |
| all examiners are the court-appointed examiner is filed
with | 10 |
| the court , unless the petitioner waives this time limit . The
| 11 |
| court shall grant the petition unless the State proves by clear
| 12 |
| and convincing evidence that the person has not made sufficient | 13 |
| progress to
be conditionally released. In making a decision | 14 |
| under
this subsection, the court must consider the nature and
| 15 |
| circumstances of the behavior that was the basis of the | 16 |
| allegation
in the petition under paragraph (b)(1) of Section 15 | 17 |
| of this Act, the person's
mental history and present mental | 18 |
| condition, where the person will
live, how the person will | 19 |
| support himself or herself and what
arrangements are available | 20 |
| to ensure that the person has access to
and will participate in | 21 |
| necessary treatment.
| 22 |
| (e) Before the court may enter an order directing | 23 |
| conditional release to
a less restrictive alternative it must | 24 |
| find the following: (1) the person will
be treated by a | 25 |
| Department approved treatment provider, (2) the treatment
| 26 |
| provider has presented a specific course of treatment and has |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| agreed to assume
responsibility for the treatment and will | 2 |
| report progress to the Department on
a regular basis, and will | 3 |
| report violations immediately to the Department,
consistent | 4 |
| with treatment and supervision needs of the respondent, (3) | 5 |
| housing
exists that is sufficiently secure to protect the | 6 |
| community, and the person or
agency providing housing to the | 7 |
| conditionally released person has agreed in
writing to accept | 8 |
| the person, to provide the level of security required by the
| 9 |
| court, and
immediately to report to the Department if the | 10 |
| person leaves the housing to
which he or she has been assigned | 11 |
| without authorization, (4) the person is
willing to or has | 12 |
| agreed to comply with the treatment provider, the Department,
| 13 |
| and
the court, and (5) the person has agreed or is willing to | 14 |
| agree to comply
with the behavioral monitoring requirements | 15 |
| imposed by the court and the
Department.
| 16 |
| (f) If the court finds that the person is appropriate for
| 17 |
| conditional release, the court shall notify the Department. The
| 18 |
| Department shall prepare a plan that identifies the treatment | 19 |
| and
services, if any, that the person will receive in the | 20 |
| community.
The plan shall address the person's need, if any, | 21 |
| for supervision,
counseling, medication, community support | 22 |
| services, residential
services, vocational services, and | 23 |
| alcohol or other drug abuse
treatment. The Department may | 24 |
| contract with a county health
department, with another public | 25 |
| agency or with a private agency to
provide the treatment and | 26 |
| services identified in the plan. The
plan shall specify who |
|
|
|
SB3467 Enrolled |
- 23 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| will be responsible for providing the
treatment and services | 2 |
| identified in the plan. The plan shall be
presented to the | 3 |
| court for its approval within 60 days after the
court finding | 4 |
| that the person is appropriate for conditional
release, unless | 5 |
| the Department and the person to be released
request additional | 6 |
| time to develop the plan.
| 7 |
| (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) | 8 |
| of Section 40 of this Act
apply to an
order for conditional | 9 |
| release issued under this Section.
| 10 |
| (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04; | 11 |
| 93-885, eff. 8-6-04.)
| 12 |
| (725 ILCS 207/65)
| 13 |
| Sec. 65. Petition for discharge; procedure.
| 14 |
| (a)(1) If the Secretary determines at any time that a | 15 |
| person
committed under this Act is no longer a sexually violent | 16 |
| person,
the Secretary shall authorize the person to petition | 17 |
| the
committing court for discharge. If the evaluator on behalf | 18 |
| of the Department recommends that the committed person is no | 19 |
| longer a sexually violent person, then the Secretary or | 20 |
| designee shall, within 30 days of receipt of the evaluator's | 21 |
| report, file with the committing court notice of his or her | 22 |
| determination whether or not to authorize the committed person | 23 |
| to petition the committing court for discharge. The person | 24 |
| shall file the
petition with the court and serve a copy upon | 25 |
| the Attorney General
or the State's Attorney's office that |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| filed the petition under
subsection (a) of Section 15 of this | 2 |
| Act, whichever is applicable. The court,
upon receipt of the | 3 |
| petition for discharge, shall order a hearing
to be held as | 4 |
| soon as practical within 45 days after the date of receipt of | 5 |
| the
petition.
| 6 |
| (2) At a hearing under this subsection, the Attorney | 7 |
| General
or State's Attorney, whichever filed the original | 8 |
| petition, shall
represent the State and shall have the right to | 9 |
| have the
petitioner examined by an expert or professional | 10 |
| person of his or
her choice. The examination shall be conducted | 11 |
| in conformance with the
standards developed under the Sex | 12 |
| Offender Management Board Act and by an
evaluator approved by | 13 |
| the Board. The
committed person or the State may elect to have | 14 |
| the hearing
before a jury.
The State has the burden of proving | 15 |
| by clear and convincing
evidence that the petitioner is still a | 16 |
| sexually violent person.
| 17 |
| (3) If the court or jury is satisfied that the State has | 18 |
| not met its
burden of proof under paragraph (a)(2) of this | 19 |
| Section, the
petitioner shall be discharged from the custody or | 20 |
| supervision of
the Department. If the court is satisfied that | 21 |
| the State has met
its burden of proof under paragraph (a)(2), | 22 |
| the court may proceed
under Section 40 of this Act to determine | 23 |
| whether to modify the
petitioner's existing commitment order.
| 24 |
| (b)(1) A person may petition the committing court for | 25 |
| discharge
from custody or supervision without the Secretary's | 26 |
| approval. At
the time of an examination under subsection (a) of |
|
|
|
SB3467 Enrolled |
- 25 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| Section 55 of this Act, the
Secretary shall provide the | 2 |
| committed person with a written notice
of the person's right to | 3 |
| petition the court for discharge over the
Secretary's | 4 |
| objection. The notice shall contain a waiver of
rights. The | 5 |
| Secretary shall forward the notice and waiver form to
the court | 6 |
| with the report of the Department's examination under
Section | 7 |
| 55 of this Act. If the person does not affirmatively
waive the | 8 |
| right to petition, the court shall set a probable cause
hearing | 9 |
| to determine whether facts exist that warrant a hearing on
| 10 |
| whether the person is still a sexually violent person.
If a
| 11 |
| person does not file a petition for discharge, yet fails to | 12 |
| waive the right to
petition under
this Section, then the | 13 |
| probable cause hearing consists only of a review of
the
| 14 |
| reexamination reports and arguments on behalf of the parties.
| 15 |
| The
committed person has a right to have an attorney represent | 16 |
| him or
her at the probable cause hearing, but the person is not | 17 |
| entitled
to be present at the probable cause hearing.
The
| 18 |
| probable cause hearing under this Section must be held as soon | 19 |
| as practical after within 45 days of the
filing of the
| 20 |
| reexamination report under Section 55 of this Act.
| 21 |
| (2) If the court determines at the probable cause hearing
| 22 |
| under paragraph (b)(1) of this Section that probable cause | 23 |
| exists
to believe that the committed person is no longer a | 24 |
| sexually
violent person, then the court shall set a hearing on | 25 |
| the issue.
At a hearing under this Section, the committed | 26 |
| person is entitled
to be present and to the benefit of the |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| protections afforded to
the person under Section 25 of this | 2 |
| Act.
The
committed person or the State may elect to have a | 3 |
| hearing under this Section
before a
jury. A verdict of a jury | 4 |
| under this Section is not valid unless it is
unanimous.
The | 5 |
| Attorney General or
State's Attorney, whichever filed the | 6 |
| original petition, shall
represent the State at a hearing under | 7 |
| this Section. The State has the right
to have the committed | 8 |
| person evaluated by experts chosen by the
State.
The | 9 |
| examination shall be conducted in conformance with the | 10 |
| standards
developed under the Sex Offender Management Board Act | 11 |
| and by an evaluator
approved by the Board. At the hearing, the | 12 |
| State has the burden of proving by
clear and convincing | 13 |
| evidence that the committed person is still a
sexually violent | 14 |
| person.
| 15 |
| (3) If the court or jury is satisfied that the State has | 16 |
| not met its
burden of proof under paragraph (b)(2) of this | 17 |
| Section, the
person shall be discharged from the custody or | 18 |
| supervision of the
Department. If the court or jury is | 19 |
| satisfied that the State has met its
burden of proof under | 20 |
| paragraph (b)(2) of this Section, the court
may proceed under | 21 |
| Section 40 of this Act to determine whether to
modify the | 22 |
| person's existing commitment order.
| 23 |
| (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
| 24 |
| Section 10. The Unified Code of Corrections is amended by | 25 |
| changing Section 3-6-3 as follows:
|
|
|
|
SB3467 Enrolled |
- 27 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 2 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
| 3 |
| (a) (1) The Department of Corrections shall prescribe | 4 |
| rules
and regulations for the early release on account of | 5 |
| good
conduct of persons committed to the Department which | 6 |
| shall
be subject to review by the Prisoner Review Board.
| 7 |
| (2) The rules and regulations on early release shall | 8 |
| provide, with
respect to offenses listed in clause (i), | 9 |
| (ii), or (iii) of this paragraph (2) committed on or after | 10 |
| June 19, 1998 or with respect to the offense listed in | 11 |
| clause (iv) of this paragraph (2) committed on or after | 12 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 13 |
| with
respect to offense listed in clause (vi)
committed on | 14 |
| or after June 1, 2008 (the effective date of Public Act | 15 |
| 95-625)
or with respect to the offense of being an armed | 16 |
| habitual criminal committed on or after August 2, 2005 (the | 17 |
| effective date of Public Act 94-398) or with respect to the | 18 |
| offenses listed in clause (v) of this paragraph (2) | 19 |
| committed on or after August 13, 2007 (the effective date | 20 |
| of Public Act 95-134), the following:
| 21 |
| (i) that a prisoner who is serving a term of | 22 |
| imprisonment for first
degree murder or for the offense | 23 |
| of terrorism shall receive no good conduct
credit and | 24 |
| shall serve the entire
sentence imposed by the court;
| 25 |
| (ii) that a prisoner serving a sentence for attempt |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| to commit first
degree murder, solicitation of murder, | 2 |
| solicitation of murder for hire,
intentional homicide | 3 |
| of an unborn child, predatory criminal sexual assault | 4 |
| of a
child, aggravated criminal sexual assault, | 5 |
| criminal sexual assault, aggravated
kidnapping, | 6 |
| aggravated battery with a firearm, heinous battery, | 7 |
| being an armed habitual criminal, aggravated
battery | 8 |
| of a senior citizen, or aggravated battery of a child | 9 |
| shall receive no
more than 4.5 days of good conduct | 10 |
| credit for each month of his or her sentence
of | 11 |
| imprisonment;
| 12 |
| (iii) that a prisoner serving a sentence
for home | 13 |
| invasion, armed robbery, aggravated vehicular | 14 |
| hijacking,
aggravated discharge of a firearm, or armed | 15 |
| violence with a category I weapon
or category II | 16 |
| weapon, when the court
has made and entered a finding, | 17 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 18 |
| Code, that the conduct leading to conviction for the | 19 |
| enumerated offense
resulted in great bodily harm to a | 20 |
| victim, shall receive no more than 4.5 days
of good | 21 |
| conduct credit for each month of his or her sentence of | 22 |
| imprisonment;
| 23 |
| (iv) that a prisoner serving a sentence for | 24 |
| aggravated discharge of a firearm, whether or not the | 25 |
| conduct leading to conviction for the offense resulted | 26 |
| in great bodily harm to the victim, shall receive no |
|
|
|
SB3467 Enrolled |
- 29 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| more than 4.5 days of good conduct credit for each | 2 |
| month of his or her sentence of imprisonment;
| 3 |
| (v) that a person serving a sentence for | 4 |
| gunrunning, narcotics racketeering, controlled | 5 |
| substance trafficking, methamphetamine trafficking, | 6 |
| drug-induced homicide, aggravated | 7 |
| methamphetamine-related child endangerment, money | 8 |
| laundering pursuant to clause (c) (4) or (5) of Section | 9 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony | 10 |
| conviction for delivery of a controlled substance, | 11 |
| possession of a controlled substance with intent to | 12 |
| manufacture or deliver, calculated criminal drug | 13 |
| conspiracy, criminal drug conspiracy, street gang | 14 |
| criminal drug conspiracy, participation in | 15 |
| methamphetamine manufacturing, aggravated | 16 |
| participation in methamphetamine manufacturing, | 17 |
| delivery of methamphetamine, possession with intent to | 18 |
| deliver methamphetamine, aggravated delivery of | 19 |
| methamphetamine, aggravated possession with intent to | 20 |
| deliver methamphetamine, methamphetamine conspiracy | 21 |
| when the substance containing the controlled substance | 22 |
| or methamphetamine is 100 grams or more shall receive | 23 |
| no more than 7.5 days good conduct credit for each | 24 |
| month of his or her sentence of imprisonment; and
| 25 |
| (vi)
that a prisoner serving a sentence for a | 26 |
| second or subsequent offense of luring a minor shall |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| receive no more than 4.5 days of good conduct credit | 2 |
| for each month of his or her sentence of imprisonment.
| 3 |
| (2.1) For all offenses, other than those enumerated in | 4 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 5 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 6 |
| after June 23, 2005 (the effective date of Public Act | 7 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 8 |
| August 13, 2007 (the effective date of Public Act 95-134)
| 9 |
| or subdivision (a)(2)(vi) committed on or after June 1, | 10 |
| 2008 (the effective date of Public Act 95-625), and other | 11 |
| than the offense of reckless
homicide as defined in | 12 |
| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 13 |
| committed on or after January 1, 1999,
or aggravated | 14 |
| driving under the influence of alcohol, other drug or | 15 |
| drugs, or
intoxicating compound or compounds, or any | 16 |
| combination thereof as defined in
subparagraph (F) of | 17 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 18 |
| Illinois Vehicle Code,
the rules and regulations shall
| 19 |
| provide that a prisoner who is serving a term of
| 20 |
| imprisonment shall receive one day of good conduct credit | 21 |
| for each day of
his or her sentence of imprisonment or | 22 |
| recommitment under Section 3-3-9.
Each day of good conduct | 23 |
| credit shall reduce by one day the prisoner's period
of | 24 |
| imprisonment or recommitment under Section 3-3-9.
| 25 |
| (2.2) A prisoner serving a term of natural life | 26 |
| imprisonment or a
prisoner who has been sentenced to death |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| shall receive no good conduct
credit.
| 2 |
| (2.3) The rules and regulations on early release shall | 3 |
| provide that
a prisoner who is serving a sentence for | 4 |
| reckless homicide as defined in
subsection (e) of Section | 5 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 6 |
| January 1, 1999, or aggravated driving under the influence | 7 |
| of alcohol,
other drug or drugs, or intoxicating compound | 8 |
| or compounds, or any combination
thereof as defined in | 9 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 10 |
| Section 11-501 of the Illinois Vehicle Code, shall receive | 11 |
| no more than 4.5
days of good conduct credit for each month | 12 |
| of his or her sentence of
imprisonment.
| 13 |
| (2.4) The rules and regulations on early release shall | 14 |
| provide with
respect to the offenses of aggravated battery | 15 |
| with a machine gun or a firearm
equipped with any device or | 16 |
| attachment designed or used for silencing the
report of a | 17 |
| firearm or aggravated discharge of a machine gun or a | 18 |
| firearm
equipped with any device or attachment designed or | 19 |
| used for silencing the
report of a firearm, committed on or | 20 |
| after
July 15, 1999 (the effective date of Public Act | 21 |
| 91-121),
that a prisoner serving a sentence for any of | 22 |
| these offenses shall receive no
more than 4.5 days of good | 23 |
| conduct credit for each month of his or her sentence
of | 24 |
| imprisonment.
| 25 |
| (2.5) The rules and regulations on early release shall | 26 |
| provide that a
prisoner who is serving a sentence for |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| aggravated arson committed on or after
July 27, 2001 (the | 2 |
| effective date of Public Act 92-176) shall receive no more | 3 |
| than
4.5 days of good conduct credit for each month of his | 4 |
| or her sentence of
imprisonment.
| 5 |
| (3) The rules and regulations shall also provide that
| 6 |
| the Director may award up to 180 days additional good | 7 |
| conduct
credit for meritorious service in specific | 8 |
| instances as the
Director deems proper; except that no more | 9 |
| than 90 days
of good conduct credit for meritorious service
| 10 |
| shall be awarded to any prisoner who is serving a sentence | 11 |
| for
conviction of first degree murder, reckless homicide | 12 |
| while under the
influence of alcohol or any other drug,
or | 13 |
| aggravated driving under the influence of alcohol, other | 14 |
| drug or drugs, or
intoxicating compound or compounds, or | 15 |
| any combination thereof as defined in
subparagraph (F) of | 16 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 17 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 18 |
| predatory criminal sexual assault of a child,
aggravated | 19 |
| criminal sexual assault, criminal sexual assault, deviate | 20 |
| sexual
assault, aggravated criminal sexual abuse, | 21 |
| aggravated indecent liberties
with a child, indecent | 22 |
| liberties with a child, child pornography, heinous
| 23 |
| battery, aggravated battery of a spouse, aggravated | 24 |
| battery of a spouse
with a firearm, stalking, aggravated | 25 |
| stalking, aggravated battery of a child,
endangering the | 26 |
| life or health of a child, or cruelty to a child. |
|
|
|
SB3467 Enrolled |
- 33 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| Notwithstanding the foregoing, good conduct credit for
| 2 |
| meritorious service shall not be awarded on a
sentence of | 3 |
| imprisonment imposed for conviction of: (i) one of the | 4 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 5 |
| (iii) when the offense is committed on or after
June 19, | 6 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 7 |
| committed on or after June 23, 2005 (the effective date of | 8 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 9 |
| is committed on or after August 13, 2007 (the effective | 10 |
| date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 11 |
| the offense is committed on or after June 1, 2008 (the | 12 |
| effective date of Public Act 95-625), (ii) reckless | 13 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 14 |
| Criminal Code of 1961 when
the offense is committed on or | 15 |
| after January 1, 1999,
or aggravated driving under the | 16 |
| influence of alcohol, other drug or drugs, or
intoxicating | 17 |
| compound or compounds, or any combination thereof as | 18 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 19 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 20 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 21 |
| the offense is committed on or after
July 15, 1999 (the | 22 |
| effective date of Public Act 91-121),
or (iv) aggravated | 23 |
| arson when the offense is committed
on or after July 27, | 24 |
| 2001 (the effective date of Public Act 92-176) , or (v) | 25 |
| offenses that may subject the offender to commitment under | 26 |
| the Sexually Violent Persons Commitment Act .
|
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|
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LRB096 20615 RLC 36324 b |
|
| 1 |
| The Director shall not award good conduct credit for | 2 |
| meritorious service under this paragraph (3) to an inmate | 3 |
| unless the inmate has served a minimum of 60 days of the | 4 |
| sentence; except nothing in this paragraph shall be | 5 |
| construed to permit the Director to extend an inmate's | 6 |
| sentence beyond that which was imposed by the court. Prior | 7 |
| to awarding credit under this paragraph (3), the Director | 8 |
| shall make a written determination that the inmate: | 9 |
| (A) is eligible for good conduct credit for | 10 |
| meritorious service; | 11 |
| (B) has served a minimum of 60 days, or as close to | 12 |
| 60 days as the sentence will allow; and | 13 |
| (C) has met the eligibility criteria established | 14 |
| by rule. | 15 |
| The Director shall determine the form and content of | 16 |
| the written determination required in this subsection.
| 17 |
| (4) The rules and regulations shall also provide that | 18 |
| the good conduct
credit accumulated and retained under | 19 |
| paragraph (2.1) of subsection (a) of
this Section by any | 20 |
| inmate during specific periods of time in which such
inmate | 21 |
| is engaged full-time in substance abuse programs, | 22 |
| correctional
industry assignments, or educational programs | 23 |
| provided by the Department
under this paragraph (4) and | 24 |
| satisfactorily completes the assigned program as
| 25 |
| determined by the standards of the Department, shall be | 26 |
| multiplied by a factor
of 1.25 for program participation |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| before August 11, 1993
and 1.50 for program participation | 2 |
| on or after that date.
However, no inmate shall be eligible | 3 |
| for the additional good conduct credit
under this paragraph | 4 |
| (4) or (4.1) of this subsection (a) while assigned to a | 5 |
| boot camp
or electronic detention, or if convicted of an | 6 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 7 |
| (iii) of this Section that is committed on or after June | 8 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 9 |
| committed on or after June 23, 2005 (the effective date of | 10 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 11 |
| that is committed on or after August 13, 2007 (the | 12 |
| effective date of Public Act 95-134)
or subdivision | 13 |
| (a)(2)(vi) when the offense is committed on or after June | 14 |
| 1, 2008 (the effective date of Public Act 95-625), or if | 15 |
| convicted of reckless homicide as defined in subsection (e) | 16 |
| of
Section 9-3 of the Criminal Code of 1961 if the offense | 17 |
| is committed on or
after January 1, 1999,
or aggravated | 18 |
| driving under the influence of alcohol, other drug or | 19 |
| drugs, or
intoxicating compound or compounds, or any | 20 |
| combination thereof as defined in
subparagraph (F) of | 21 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 22 |
| Illinois Vehicle Code, or if convicted of an offense | 23 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 24 |
| committed on or after
July 15, 1999 (the effective date of | 25 |
| Public Act 91-121),
or first degree murder, a Class X | 26 |
| felony, criminal sexual
assault, felony criminal sexual |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| abuse, aggravated criminal sexual abuse,
aggravated | 2 |
| battery with a firearm, or any predecessor or successor | 3 |
| offenses
with the same or substantially the same elements, | 4 |
| or any inchoate offenses
relating to the foregoing | 5 |
| offenses. No inmate shall be eligible for the
additional | 6 |
| good conduct credit under this paragraph (4) who (i) has | 7 |
| previously
received increased good conduct credit under | 8 |
| this paragraph (4) and has
subsequently been convicted of a
| 9 |
| felony, or (ii) has previously served more than one prior | 10 |
| sentence of
imprisonment for a felony in an adult | 11 |
| correctional facility.
| 12 |
| Educational, vocational, substance abuse and | 13 |
| correctional
industry programs under which good conduct | 14 |
| credit may be increased under
this paragraph (4) and | 15 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 16 |
| by the Department on the basis of
documented standards. The | 17 |
| Department shall report the results of these
evaluations to | 18 |
| the Governor and the General Assembly by September 30th of | 19 |
| each
year. The reports shall include data relating to the | 20 |
| recidivism rate among
program participants.
| 21 |
| Availability of these programs shall be subject to the
| 22 |
| limits of fiscal resources appropriated by the General | 23 |
| Assembly for these
purposes. Eligible inmates who are | 24 |
| denied immediate admission shall be
placed on a waiting | 25 |
| list under criteria established by the Department.
The | 26 |
| inability of any inmate to become engaged in any such |
|
|
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SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| programs
by reason of insufficient program resources or for | 2 |
| any other reason
established under the rules and | 3 |
| regulations of the Department shall not be
deemed a cause | 4 |
| of action under which the Department or any employee or
| 5 |
| agent of the Department shall be liable for damages to the | 6 |
| inmate.
| 7 |
| (4.1) The rules and regulations shall also provide that | 8 |
| an additional 60 days of good conduct credit shall be | 9 |
| awarded to any prisoner who passes the high school level | 10 |
| Test of General Educational Development (GED) while the | 11 |
| prisoner is incarcerated. The good conduct credit awarded | 12 |
| under this paragraph (4.1) shall be in addition to, and | 13 |
| shall not affect, the award of good conduct under any other | 14 |
| paragraph of this Section, but shall also be pursuant to | 15 |
| the guidelines and restrictions set forth in paragraph (4) | 16 |
| of subsection (a) of this Section.
The good conduct credit | 17 |
| provided for in this paragraph shall be available only to | 18 |
| those prisoners who have not previously earned a high | 19 |
| school diploma or a GED. If, after an award of the GED good | 20 |
| conduct credit has been made and the Department determines | 21 |
| that the prisoner was not eligible, then the award shall be | 22 |
| revoked.
| 23 |
| (4.5) The rules and regulations on early release shall | 24 |
| also provide that
when the court's sentencing order | 25 |
| recommends a prisoner for substance abuse treatment and the
| 26 |
| crime was committed on or after September 1, 2003 (the |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| effective date of
Public Act 93-354), the prisoner shall | 2 |
| receive no good conduct credit awarded under clause (3) of | 3 |
| this subsection (a) unless he or she participates in and
| 4 |
| completes a substance abuse treatment program. The | 5 |
| Director may waive the requirement to participate in or | 6 |
| complete a substance abuse treatment program and award the | 7 |
| good conduct credit in specific instances if the prisoner | 8 |
| is not a good candidate for a substance abuse treatment | 9 |
| program for medical, programming, or operational reasons. | 10 |
| Availability of
substance abuse treatment shall be subject | 11 |
| to the limits of fiscal resources
appropriated by the | 12 |
| General Assembly for these purposes. If treatment is not
| 13 |
| available and the requirement to participate and complete | 14 |
| the treatment has not been waived by the Director, the | 15 |
| prisoner shall be placed on a waiting list under criteria
| 16 |
| established by the Department. The Director may allow a | 17 |
| prisoner placed on
a waiting list to participate in and | 18 |
| complete a substance abuse education class or attend | 19 |
| substance
abuse self-help meetings in lieu of a substance | 20 |
| abuse treatment program. A prisoner on a waiting list who | 21 |
| is not placed in a substance abuse program prior to release | 22 |
| may be eligible for a waiver and receive good conduct | 23 |
| credit under clause (3) of this subsection (a) at the | 24 |
| discretion of the Director.
| 25 |
| (4.6) The rules and regulations on early release shall | 26 |
| also provide that a prisoner who has been convicted of a |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| sex offense as defined in Section 2 of the Sex Offender | 2 |
| Registration Act shall receive no good conduct credit | 3 |
| unless he or she either has successfully completed or is | 4 |
| participating in sex offender treatment as defined by the | 5 |
| Sex Offender Management Board. However, prisoners who are | 6 |
| waiting to receive such treatment, but who are unable to do | 7 |
| so due solely to the lack of resources on the part of the | 8 |
| Department, may, at the Director's sole discretion, be | 9 |
| awarded good conduct credit at such rate as the Director | 10 |
| shall determine.
| 11 |
| (5) Whenever the Department is to release any inmate | 12 |
| earlier than it
otherwise would because of a grant of good | 13 |
| conduct credit for meritorious
service given at any time | 14 |
| during the term, the Department shall give
reasonable | 15 |
| notice of the impending release not less than 14 days prior | 16 |
| to the date of the release to the State's
Attorney of the | 17 |
| county where the prosecution of the inmate took place, and | 18 |
| if applicable, the State's Attorney of the county into | 19 |
| which the inmate will be released.
| 20 |
| (b) Whenever a person is or has been committed under
| 21 |
| several convictions, with separate sentences, the sentences
| 22 |
| shall be construed under Section 5-8-4 in granting and
| 23 |
| forfeiting of good time.
| 24 |
| (c) The Department shall prescribe rules and regulations
| 25 |
| for revoking good conduct credit, or suspending or reducing
the | 26 |
| rate of accumulation of good conduct credit for specific
rule |
|
|
|
SB3467 Enrolled |
- 40 - |
LRB096 20615 RLC 36324 b |
|
| 1 |
| violations, during imprisonment. These rules and regulations
| 2 |
| shall provide that no inmate may be penalized more than one
| 3 |
| year of good conduct credit for any one infraction.
| 4 |
| When the Department seeks to revoke, suspend or reduce
the | 5 |
| rate of accumulation of any good conduct credits for
an alleged | 6 |
| infraction of its rules, it shall bring charges
therefor | 7 |
| against the prisoner sought to be so deprived of
good conduct | 8 |
| credits before the Prisoner Review Board as
provided in | 9 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 10 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 11 |
| month period, the cumulative amount of
credit revoked exceeds | 12 |
| 30 days except where the infraction is committed
or discovered | 13 |
| within 60 days of scheduled release. In those cases,
the | 14 |
| Department of Corrections may revoke up to 30 days of good | 15 |
| conduct credit.
The Board may subsequently approve the | 16 |
| revocation of additional good
conduct credit, if the Department | 17 |
| seeks to revoke good conduct credit in
excess of 30 days. | 18 |
| However, the Board shall not be empowered to review the
| 19 |
| Department's decision with respect to the loss of 30 days of | 20 |
| good conduct
credit within any calendar year for any prisoner | 21 |
| or to increase any penalty
beyond the length requested by the | 22 |
| Department.
| 23 |
| The Director of the Department of Corrections, in | 24 |
| appropriate cases, may
restore up to 30 days good conduct | 25 |
| credits which have been revoked, suspended
or reduced. Any | 26 |
| restoration of good conduct credits in excess of 30 days shall
|
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| be subject to review by the Prisoner Review Board. However, the | 2 |
| Board may not
restore good conduct credit in excess of the | 3 |
| amount requested by the Director.
| 4 |
| Nothing contained in this Section shall prohibit the | 5 |
| Prisoner Review Board
from ordering, pursuant to Section | 6 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 7 |
| sentence imposed by the court that was not served due to the
| 8 |
| accumulation of good conduct credit.
| 9 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or | 10 |
| federal court
against the State, the Department of Corrections, | 11 |
| or the Prisoner Review Board,
or against any of
their officers | 12 |
| or employees, and the court makes a specific finding that a
| 13 |
| pleading, motion, or other paper filed by the prisoner is | 14 |
| frivolous, the
Department of Corrections shall conduct a | 15 |
| hearing to revoke up to
180 days of good conduct credit by | 16 |
| bringing charges against the prisoner
sought to be deprived of | 17 |
| the good conduct credits before the Prisoner Review
Board as | 18 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 19 |
| If the prisoner has not accumulated 180 days of good conduct | 20 |
| credit at the
time of the finding, then the Prisoner Review | 21 |
| Board may revoke all
good conduct credit accumulated by the | 22 |
| prisoner.
| 23 |
| For purposes of this subsection (d):
| 24 |
| (1) "Frivolous" means that a pleading, motion, or other | 25 |
| filing which
purports to be a legal document filed by a | 26 |
| prisoner in his or her lawsuit meets
any or all of the |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| following criteria:
| 2 |
| (A) it lacks an arguable basis either in law or in | 3 |
| fact;
| 4 |
| (B) it is being presented for any improper purpose, | 5 |
| such as to harass or
to cause unnecessary delay or | 6 |
| needless increase in the cost of litigation;
| 7 |
| (C) the claims, defenses, and other legal | 8 |
| contentions therein are not
warranted by existing law | 9 |
| or by a nonfrivolous argument for the extension,
| 10 |
| modification, or reversal of existing law or the | 11 |
| establishment of new law;
| 12 |
| (D) the allegations and other factual contentions | 13 |
| do not have
evidentiary
support or, if specifically so | 14 |
| identified, are not likely to have evidentiary
support | 15 |
| after a reasonable opportunity for further | 16 |
| investigation or discovery;
or
| 17 |
| (E) the denials of factual contentions are not | 18 |
| warranted on the
evidence, or if specifically so | 19 |
| identified, are not reasonably based on a lack
of | 20 |
| information or belief.
| 21 |
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 22 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 23 |
| action under
Article X of the Code of Civil Procedure or | 24 |
| under federal law (28 U.S.C. 2254),
a petition for claim | 25 |
| under the Court of Claims Act, an action under the
federal | 26 |
| Civil Rights Act (42 U.S.C. 1983), or a second or |
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
| subsequent petition for post-conviction relief under | 2 |
| Article 122 of the Code of Criminal Procedure of 1963 | 3 |
| whether filed with or without leave of court or a second or | 4 |
| subsequent petition for relief from judgment under Section | 5 |
| 2-1401 of the Code of Civil Procedure.
| 6 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 7 |
| validity of Public Act 89-404.
| 8 |
| (f) Whenever the Department is to release any inmate who | 9 |
| has been convicted of a violation of an order of protection | 10 |
| under Section 12-30 of the Criminal Code of 1961, earlier than | 11 |
| it
otherwise would because of a grant of good conduct credit, | 12 |
| the Department, as a condition of such early release, shall | 13 |
| require that the person, upon release, be placed under | 14 |
| electronic surveillance as provided in Section 5-8A-7 of this | 15 |
| Code. | 16 |
| (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | 17 |
| 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 18 |
| 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
|
|
|
|
SB3467 Enrolled |
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LRB096 20615 RLC 36324 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 725 ILCS 207/15 |
|
| 4 |
| 725 ILCS 207/25 |
|
| 5 |
| 725 ILCS 207/30 |
|
| 6 |
| 725 ILCS 207/40 |
|
| 7 |
| 725 ILCS 207/60 |
|
| 8 |
| 725 ILCS 207/65 |
|
| 9 |
| 730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
| |
|