Full Text of SB2578 93rd General Assembly
SB2578 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2578
Introduced 2/4/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.7 new |
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730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
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Amends the Criminal Code of 1961. Creates the offense of being an armed habitual criminal. Provides that a person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 3 or more times of any of the following offenses: first degree murder; aggravated battery; aggravated battery with a firearm; unlawful use of a weapon by a felon; robbery; armed robbery;
residential burglary; home invasion; vehicular hijacking; gunrunning; intimidation; armed violence; criminal sexual assault; aggravated criminal sexual assault; predatory criminal sexual assault of a child; aggravated domestic battery; or any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher. Provides that a violation is a Class X felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for being an armed habitual criminal shall receive no
more than 4.5 days of good conduct credit for each month of his or her sentence
of imprisonment. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2578 |
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LRB093 19134 RLC 44869 b |
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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 Criminal Code of 1961 is amended by adding | 5 |
| Section 24-1.7 as follows: | 6 |
| (720 ILCS 5/24-1.7 new) | 7 |
| Sec. 24-1.7. Armed habitual criminal. | 8 |
| (a) A person commits the offense of being an armed habitual | 9 |
| criminal if he or she receives, sells, possesses, or transfers | 10 |
| any firearm after having been convicted a total of 3 or more | 11 |
| times of any of the following offenses: first degree murder; | 12 |
| aggravated battery; aggravated battery with a firearm; | 13 |
| unlawful use of a weapon by a felon; robbery; armed robbery;
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| residential burglary; home invasion; vehicular hijacking; | 15 |
| gunrunning; intimidation; armed violence; criminal sexual | 16 |
| assault; aggravated criminal sexual assault; predatory | 17 |
| criminal sexual assault of a child; aggravated domestic | 18 |
| battery; or any violation of the Illinois Controlled Substances | 19 |
| Act or the Cannabis Control Act that is punishable as a Class 3 | 20 |
| felony or higher. | 21 |
| (b) Sentence. Being an armed habitual criminal is a Class X | 22 |
| felony. | 23 |
| Section 10. The Unified Code of Corrections is amended by | 24 |
| changing Section 3-6-3 as follows:
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe | 28 |
| rules
and regulations for the early release on account of | 29 |
| good
conduct of persons committed to the Department which | 30 |
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be subject to review by the Prisoner Review Board.
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LRB093 19134 RLC 44869 b |
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| (2) The rules and regulations on early release shall | 2 |
| provide, with
respect to offenses committed on or after | 3 |
| June 19, 1998 or with respect to the offense of being an | 4 |
| armed habitual criminal committed on or after the effective | 5 |
| date of this amendatory Act of the 93rd General Assembly , | 6 |
| the following:
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| (i) that a prisoner who is serving a term of | 8 |
| imprisonment for first
degree murder or for the offense | 9 |
| of terrorism shall receive no good conduct
credit and | 10 |
| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt | 12 |
| to commit first
degree murder, solicitation of murder, | 13 |
| solicitation of murder for hire,
intentional homicide | 14 |
| of an unborn child, predatory criminal sexual assault | 15 |
| of a
child, aggravated criminal sexual assault, | 16 |
| criminal sexual assault, aggravated
kidnapping, | 17 |
| aggravated battery with a firearm, heinous battery, | 18 |
| being an armed habitual criminal, aggravated
battery | 19 |
| of a senior citizen, or aggravated battery of a child | 20 |
| shall receive no
more than 4.5 days of good conduct | 21 |
| credit for each month of his or her sentence
of | 22 |
| imprisonment; and
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| (iii) that a prisoner serving a sentence
for home | 24 |
| invasion, armed robbery, aggravated vehicular | 25 |
| hijacking,
aggravated discharge of a firearm, or armed | 26 |
| violence with a category I weapon
or category II | 27 |
| weapon, when the court
has made and entered a finding, | 28 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 29 |
| Code, that the conduct leading to conviction for the | 30 |
| enumerated offense
resulted in great bodily harm to a | 31 |
| victim, shall receive no more than 4.5 days
of good | 32 |
| conduct credit for each month of his or her sentence of | 33 |
| imprisonment.
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| (2.1) For all offenses, other than those enumerated in | 35 |
| subdivision (a)(2)
committed on or after June 19, 1998, and | 36 |
| other than the offense of reckless
homicide as defined in |
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LRB093 19134 RLC 44869 b |
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| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 2 |
| committed on or after January 1, 1999,
or aggravated | 3 |
| driving under the influence of alcohol, other drug or | 4 |
| drugs, or
intoxicating compound or compounds, or any | 5 |
| combination thereof as defined in
subparagraph (F) of | 6 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit | 10 |
| for each day of
his or her sentence of imprisonment or | 11 |
| recommitment under Section 3-3-9.
Each day of good conduct | 12 |
| credit shall reduce by one day the prisoner's period
of | 13 |
| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 15 |
| imprisonment or a
prisoner who has been sentenced to death | 16 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 18 |
| provide that
a prisoner who is serving a sentence for | 19 |
| reckless homicide as defined in
subsection (e) of Section | 20 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 21 |
| January 1, 1999, or aggravated driving under the influence | 22 |
| of alcohol,
other drug or drugs, or intoxicating compound | 23 |
| or compounds, or any combination
thereof as defined in | 24 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive | 26 |
| no more than 4.5
days of good conduct credit for each month | 27 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 29 |
| provide with
respect to the offenses of aggravated battery | 30 |
| with a machine gun or a firearm
equipped with any device or | 31 |
| attachment designed or used for silencing the
report of a | 32 |
| firearm or aggravated discharge of a machine gun or a | 33 |
| firearm
equipped with any device or attachment designed or | 34 |
| used for silencing the
report of a firearm, committed on or | 35 |
| after
July 15, 1999 ( the effective date of Public Act | 36 |
| 91-121)
this
amendatory Act of 1999 ,
that a prisoner |
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LRB093 19134 RLC 44869 b |
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| serving a sentence for any of these offenses shall receive | 2 |
| no
more than 4.5 days of good conduct credit for each month | 3 |
| of his or her sentence
of imprisonment.
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| (2.5) The rules and regulations on early release shall | 5 |
| provide that a
prisoner who is serving a sentence for | 6 |
| aggravated arson committed on or after
July 27, 2001 ( the | 7 |
| effective date of Public Act 92-176)
this
amendatory Act of | 8 |
| the 92nd 93rd General Assembly shall receive no more than
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| 4.5 days of good conduct credit for each month of his or | 10 |
| her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good | 13 |
| conduct
credit for meritorious service in specific | 14 |
| instances as the
Director deems proper; except that no more | 15 |
| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence | 17 |
| for
conviction of first degree murder, reckless homicide | 18 |
| while under the
influence of alcohol or any other drug,
or | 19 |
| aggravated driving under the influence of alcohol, other | 20 |
| drug or drugs, or
intoxicating compound or compounds, or | 21 |
| any combination thereof as defined in
subparagraph (F) of | 22 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated | 25 |
| criminal sexual assault, criminal sexual assault, deviate | 26 |
| sexual
assault, aggravated criminal sexual abuse, | 27 |
| aggravated indecent liberties
with a child, indecent | 28 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 30 |
| battery of a spouse
with a firearm, stalking, aggravated | 31 |
| stalking, aggravated battery of a child,
endangering the | 32 |
| life or health of a child, cruelty to a child, or narcotic
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| racketeering. Notwithstanding the foregoing, good conduct | 34 |
| credit for
meritorious service shall not be awarded on a
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| sentence of imprisonment imposed for conviction of: (i) one | 36 |
| of the offenses
enumerated in subdivision (a)(2) when the |
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LRB093 19134 RLC 44869 b |
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| offense is committed on or after
June 19, 1998, (ii) | 2 |
| reckless homicide as
defined in subsection (e) of Section | 3 |
| 9-3 of the Criminal Code of 1961 when
the offense is | 4 |
| committed on or after January 1, 1999,
or aggravated | 5 |
| driving under the influence of alcohol, other drug or | 6 |
| drugs, or
intoxicating compound or compounds, or any | 7 |
| combination thereof as defined in
subparagraph (F) of | 8 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, (iii) one of the offenses enumerated | 10 |
| in subdivision
(a)(2.4) when the offense is committed on or | 11 |
| after
July 15, 1999 ( the effective date of Public Act | 12 |
| 91-121)
this
amendatory Act of 1999 ,
or (iv) aggravated | 13 |
| arson when the offense is committed
on or after July 27, | 14 |
| 2001 ( the effective date of Public Act 92-176)
this | 15 |
| amendatory Act of the 92nd 93rd General Assembly .
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| (4) The rules and regulations shall also provide that | 17 |
| the good conduct
credit accumulated and retained under | 18 |
| paragraph (2.1) of subsection (a) of
this Section by any | 19 |
| inmate during specific periods of time in which such
inmate | 20 |
| is engaged full-time in substance abuse programs, | 21 |
| correctional
industry assignments, or educational programs | 22 |
| provided by the Department
under this paragraph (4) and | 23 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 25 |
| multiplied by a factor
of 1.25 for program participation | 26 |
| before August 11, 1993
and 1.50 for program participation | 27 |
| on or after that date.
However, no inmate shall be eligible | 28 |
| for the additional good conduct credit
under this paragraph | 29 |
| (4) while assigned to a boot camp, mental health unit,
or | 30 |
| electronic detention, or if convicted of an offense | 31 |
| enumerated in
paragraph (a)(2) of this Section that is | 32 |
| committed on or after June 19,
1998, or if convicted of | 33 |
| reckless homicide as defined in subsection (e) of
Section | 34 |
| 9-3 of the Criminal Code of 1961 if the offense is | 35 |
| committed on or
after January 1, 1999,
or aggravated | 36 |
| driving under the influence of alcohol, other drug or |
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LRB093 19134 RLC 44869 b |
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| drugs, or
intoxicating compound or compounds, or any | 2 |
| combination thereof as defined in
subparagraph (F) of | 3 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense | 5 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 6 |
| committed on or after
July 15, 1999 ( the effective date of | 7 |
| Public Act 91-121)
this
amendatory Act of 1999 ,
or first | 8 |
| degree murder, a Class X felony, criminal sexual
assault, | 9 |
| felony criminal sexual abuse, aggravated criminal sexual | 10 |
| abuse,
aggravated battery with a firearm, or any | 11 |
| predecessor or successor offenses
with the same or | 12 |
| substantially the same elements, or any inchoate offenses
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| relating to the foregoing offenses. No inmate shall be | 14 |
| eligible for the
additional good conduct credit under this | 15 |
| paragraph (4) who (i) has previously
received increased | 16 |
| good conduct credit under this paragraph (4) and has
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| subsequently been convicted of a
felony, or (ii) has | 18 |
| previously served more than one prior sentence of
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| imprisonment for a felony in an adult correctional | 20 |
| facility.
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| Educational, vocational, substance abuse and | 22 |
| correctional
industry programs under which good conduct | 23 |
| credit may be increased under
this paragraph (4) shall be | 24 |
| evaluated by the Department on the basis of
documented | 25 |
| standards. The Department shall report the results of these
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| evaluations to the Governor and the General Assembly by | 27 |
| September 30th of each
year. The reports shall include data | 28 |
| relating to the recidivism rate among
program | 29 |
| participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General | 32 |
| Assembly for these
purposes. Eligible inmates who are | 33 |
| denied immediate admission shall be
placed on a waiting | 34 |
| list under criteria established by the Department.
The | 35 |
| inability of any inmate to become engaged in any such | 36 |
| programs
by reason of insufficient program resources or for |
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| any other reason
established under the rules and | 2 |
| regulations of the Department shall not be
deemed a cause | 3 |
| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the | 5 |
| inmate.
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| (4.5) The rules and regulations on early release shall | 7 |
| also provide that
a prisoner who is serving a sentence for | 8 |
| a crime committed as a result of the
use of, abuse of, or | 9 |
| addiction to alcohol or a controlled substance and the
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| crime was committed on or after September 1, 2003 ( the | 11 |
| effective date of
Public Act 93-354)
this Amendatory Act of | 12 |
| the 93rd General Assembly
shall receive no good conduct | 13 |
| credit until he or she participates in and
completes a | 14 |
| substance abuse treatment program. Good conduct credit | 15 |
| awarded
under clauses (2), (3), and (4) of this subsection | 16 |
| (a) for crimes committed on
or after September 1, 2003
the | 17 |
| effective date of this amendatory Act of
the 93rd General | 18 |
| Assembly is subject to the provisions of this clause (4.5).
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| If the prisoner completes a substance abuse treatment | 20 |
| program, the Department
may award good conduct credit for | 21 |
| the time spent in treatment. Availability of
substance | 22 |
| abuse treatment shall be subject to the limits of fiscal | 23 |
| resources
appropriated by the General Assembly for these | 24 |
| purposes. If treatment is not
available, the prisoner shall | 25 |
| be placed on a waiting list under criteria
established by | 26 |
| the Department. The Department may require a prisoner | 27 |
| placed on
a waiting list to attend a substance abuse | 28 |
| education class or attend substance
abuse self-help | 29 |
| meetings. A prisoner may not lose good conduct credit as a
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| result of being placed on a waiting list. A prisoner placed | 31 |
| on a waiting list
remains eligible for increased good | 32 |
| conduct credit for participation in an
educational, | 33 |
| vocational, or correctional industry program under clause | 34 |
| (4) of
subsection (a) of this Section.
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| (5) Whenever the Department is to release any inmate | 36 |
| earlier than it
otherwise would because of a grant of good |
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| conduct credit for meritorious
service given at any time | 2 |
| during the term, the Department shall give
reasonable | 3 |
| advance notice of the impending release to the State's
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| Attorney of the county where the prosecution of the inmate | 5 |
| took place.
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| (b) Whenever a person is or has been committed under
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
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| for revoking good conduct credit, or suspending or reducing
the | 12 |
| rate of accumulation of good conduct credit for specific
rule | 13 |
| violations, during imprisonment. These rules and regulations
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| shall provide that no inmate may be penalized more than one
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| year of good conduct credit for any one infraction.
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| When the Department seeks to revoke, suspend or reduce
the | 17 |
| rate of accumulation of any good conduct credits for
an alleged | 18 |
| infraction of its rules, it shall bring charges
therefor | 19 |
| against the prisoner sought to be so deprived of
good conduct | 20 |
| credits before the Prisoner Review Board as
provided in | 21 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 22 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 23 |
| month period, the cumulative amount of
credit revoked exceeds | 24 |
| 30 days except where the infraction is committed
or discovered | 25 |
| within 60 days of scheduled release. In those cases,
the | 26 |
| Department of Corrections may revoke up to 30 days of good | 27 |
| conduct credit.
The Board may subsequently approve the | 28 |
| revocation of additional good
conduct credit, if the Department | 29 |
| seeks to revoke good conduct credit in
excess of 30 days. | 30 |
| However, the Board shall not be empowered to review the
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| Department's decision with respect to the loss of 30 days of | 32 |
| good conduct
credit within any calendar year for any prisoner | 33 |
| or to increase any penalty
beyond the length requested by the | 34 |
| Department.
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| The Director of the Department of Corrections, in | 36 |
| appropriate cases, may
restore up to 30 days good conduct |
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LRB093 19134 RLC 44869 b |
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| credits which have been revoked, suspended
or reduced. Any | 2 |
| restoration of good conduct credits in excess of 30 days shall
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| be subject to review by the Prisoner Review Board. However, the | 4 |
| Board may not
restore good conduct credit in excess of the | 5 |
| amount requested by the Director.
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| Nothing contained in this Section shall prohibit the | 7 |
| Prisoner Review Board
from ordering, pursuant to Section | 8 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 9 |
| sentence imposed by the court that was not served due to the
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| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or | 12 |
| federal court
against the State, the Department of Corrections, | 13 |
| or the Prisoner Review Board,
or against any of
their officers | 14 |
| or employees, and the court makes a specific finding that a
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| pleading, motion, or other paper filed by the prisoner is | 16 |
| frivolous, the
Department of Corrections shall conduct a | 17 |
| hearing to revoke up to
180 days of good conduct credit by | 18 |
| bringing charges against the prisoner
sought to be deprived of | 19 |
| the good conduct credits before the Prisoner Review
Board as | 20 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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| If the prisoner has not accumulated 180 days of good conduct | 22 |
| credit at the
time of the finding, then the Prisoner Review | 23 |
| Board may revoke all
good conduct credit accumulated by the | 24 |
| prisoner.
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| For purposes of this subsection (d):
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| (1) "Frivolous" means that a pleading, motion, or other | 27 |
| filing which
purports to be a legal document filed by a | 28 |
| prisoner in his or her lawsuit meets
any or all of the | 29 |
| following criteria:
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| (A) it lacks an arguable basis either in law or in | 31 |
| fact;
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| (B) it is being presented for any improper purpose, | 33 |
| such as to harass or
to cause unnecessary delay or | 34 |
| needless increase in the cost of litigation;
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| (C) the claims, defenses, and other legal | 36 |
| contentions therein are not
warranted by existing law |
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| or by a nonfrivolous argument for the extension,
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| modification, or reversal of existing law or the | 3 |
| establishment of new law;
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| (D) the allegations and other factual contentions | 5 |
| do not have
evidentiary
support or, if specifically so | 6 |
| identified, are not likely to have evidentiary
support | 7 |
| after a reasonable opportunity for further | 8 |
| investigation or discovery;
or
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| (E) the denials of factual contentions are not | 10 |
| warranted on the
evidence, or if specifically so | 11 |
| identified, are not reasonably based on a lack
of | 12 |
| information or belief.
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| (2) "Lawsuit" means a petition for post-conviction | 14 |
| relief under Article
122 of the Code of Criminal Procedure | 15 |
| of 1963, a motion pursuant to Section
116-3 of the Code of | 16 |
| Criminal Procedure of 1963, a habeas corpus action under
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| Article X of the Code of Civil Procedure or under federal | 18 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 19 |
| of Claims Act or an action under the
federal Civil Rights | 20 |
| Act (42 U.S.C. 1983).
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| (e) Nothing in Public Act 90-592 or 90-593
this amendatory | 22 |
| Act of
1998 affects the validity of Public Act 89-404.
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| (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | 24 |
| 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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