Full Text of HB0068 97th General Assembly
HB0068 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0068 Introduced 1/12/2011, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the early release of prisoners from a facility of the Department of Corrections on account of good conduct.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-6-3 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and Regulations for Early Release.
| 8 | | (a) (1) The Department of Corrections shall prescribe | 9 | | rules
and regulations for the the early release on account | 10 | | of good
conduct of persons committed to the Department | 11 | | which shall
be subject to review by the Prisoner Review | 12 | | Board.
| 13 | | (2) The rules and regulations on early release shall | 14 | | provide, with
respect to offenses listed in clause (i), | 15 | | (ii), or (iii) of this paragraph (2) committed on or after | 16 | | June 19, 1998 or with respect to the offense listed in | 17 | | clause (iv) of this paragraph (2) committed on or after | 18 | | June 23, 2005 (the effective date of Public Act 94-71) or | 19 | | with
respect to offense listed in clause (vi)
committed on | 20 | | or after June 1, 2008 (the effective date of Public Act | 21 | | 95-625)
or with respect to the offense of being an armed | 22 | | habitual criminal committed on or after August 2, 2005 (the | 23 | | effective date of Public Act 94-398) or with respect to the |
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| 1 | | offenses listed in clause (v) of this paragraph (2) | 2 | | committed on or after August 13, 2007 (the effective date | 3 | | of Public Act 95-134) or with respect to the offense of | 4 | | aggravated domestic battery committed on or after July 23, | 5 | | 2010 ( the effective date of Public Act 96-1224) this | 6 | | amendatory Act of the 96th General Assembly , the following:
| 7 | | (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;
| 11 | | (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;
| 23 | | (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 |
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| 1 | | weapon, when the court
has made and entered a finding, | 2 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 3 | | Code, that the conduct leading to conviction for the | 4 | | enumerated offense
resulted in great bodily harm to a | 5 | | victim, shall receive no more than 4.5 days
of good | 6 | | conduct credit for each month of his or her sentence of | 7 | | imprisonment;
| 8 | | (iv) that a prisoner serving a sentence for | 9 | | aggravated discharge of a firearm, whether or not the | 10 | | conduct leading to conviction for the offense resulted | 11 | | in great bodily harm to the victim, shall receive no | 12 | | more than 4.5 days of good conduct credit for each | 13 | | month of his or her sentence of imprisonment;
| 14 | | (v) that a person serving a sentence for | 15 | | gunrunning, narcotics racketeering, controlled | 16 | | substance trafficking, methamphetamine trafficking, | 17 | | drug-induced homicide, aggravated | 18 | | methamphetamine-related child endangerment, money | 19 | | laundering pursuant to clause (c) (4) or (5) of Section | 20 | | 29B-1 of the Criminal Code of 1961, or a Class X felony | 21 | | conviction for delivery of a controlled substance, | 22 | | possession of a controlled substance with intent to | 23 | | manufacture or deliver, calculated criminal drug | 24 | | conspiracy, criminal drug conspiracy, street gang | 25 | | criminal drug conspiracy, participation in | 26 | | methamphetamine manufacturing, aggravated |
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| 1 | | participation in methamphetamine manufacturing, | 2 | | delivery of methamphetamine, possession with intent to | 3 | | deliver methamphetamine, aggravated delivery of | 4 | | methamphetamine, aggravated possession with intent to | 5 | | deliver methamphetamine, methamphetamine conspiracy | 6 | | when the substance containing the controlled substance | 7 | | or methamphetamine is 100 grams or more shall receive | 8 | | no more than 7.5 days good conduct credit for each | 9 | | month of his or her sentence of imprisonment;
| 10 | | (vi)
that a prisoner serving a sentence for a | 11 | | second or subsequent offense of luring a minor shall | 12 | | receive no more than 4.5 days of good conduct credit | 13 | | for each month of his or her sentence of imprisonment; | 14 | | and
| 15 | | (vii) that a prisoner serving a sentence for | 16 | | aggravated domestic battery shall receive no more than | 17 | | 4.5 days of good conduct credit for each month of his | 18 | | or her sentence of imprisonment.
| 19 | | (2.1) For all offenses, other than those enumerated in | 20 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 21 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 22 | | after June 23, 2005 (the effective date of Public Act | 23 | | 94-71) or subdivision (a)(2)(v) committed on or after | 24 | | August 13, 2007 (the effective date of Public Act 95-134)
| 25 | | or subdivision (a)(2)(vi) committed on or after June 1, | 26 | | 2008 (the effective date of Public Act 95-625) or |
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| 1 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 2 | | ( the effective date of Public Act 96-1224) this amendatory | 3 | | Act of the 96th General Assembly , and other than the | 4 | | offense of aggravated driving under the influence of | 5 | | alcohol, other drug or drugs, or
intoxicating compound or | 6 | | compounds, or any combination thereof as defined in
| 7 | | subparagraph (F) of paragraph (1) of subsection (d) of | 8 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 9 | | the offense of aggravated driving under the influence of | 10 | | alcohol,
other drug or drugs, or intoxicating compound or | 11 | | compounds, or any combination
thereof as defined in | 12 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 13 | | Section 11-501 of the Illinois Vehicle Code committed on or | 14 | | after January 1, 2011 ( the effective date of Public Act | 15 | | 96-1230) this amendatory Act of the 96th General Assembly ,
| 16 | | the rules and regulations shall
provide that a prisoner who | 17 | | is serving a term of
imprisonment shall receive one day of | 18 | | good conduct credit for each day of
his or her sentence of | 19 | | imprisonment or recommitment under Section 3-3-9.
Each day | 20 | | of good conduct credit shall reduce by one day the | 21 | | prisoner's period
of imprisonment or recommitment under | 22 | | Section 3-3-9.
| 23 | | (2.2) A prisoner serving a term of natural life | 24 | | imprisonment or a
prisoner who has been sentenced to death | 25 | | shall receive no good conduct
credit.
| 26 | | (2.3) The rules and regulations on early release shall |
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| 1 | | provide that
a prisoner who is serving a sentence for | 2 | | aggravated driving under the influence of alcohol,
other | 3 | | drug or drugs, or intoxicating compound or compounds, or | 4 | | any combination
thereof as defined in subparagraph (F) of | 5 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 6 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 7 | | of good conduct credit for each month of his or her | 8 | | sentence of
imprisonment.
| 9 | | (2.4) The rules and regulations on early release shall | 10 | | provide with
respect to the offenses of aggravated battery | 11 | | with a machine gun or a firearm
equipped with any device or | 12 | | attachment designed or used for silencing the
report of a | 13 | | firearm or aggravated discharge of a machine gun or a | 14 | | firearm
equipped with any device or attachment designed or | 15 | | used for silencing the
report of a firearm, committed on or | 16 | | after
July 15, 1999 (the effective date of Public Act | 17 | | 91-121),
that a prisoner serving a sentence for any of | 18 | | these offenses shall receive no
more than 4.5 days of good | 19 | | conduct credit for each month of his or her sentence
of | 20 | | imprisonment.
| 21 | | (2.5) The rules and regulations on early release shall | 22 | | provide that a
prisoner who is serving a sentence for | 23 | | aggravated arson committed on or after
July 27, 2001 (the | 24 | | effective date of Public Act 92-176) shall receive no more | 25 | | than
4.5 days of good conduct credit for each month of his | 26 | | or her sentence of
imprisonment.
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| 1 | | (2.6) The rules and regulations on early release shall | 2 | | provide that a
prisoner who is serving a sentence for | 3 | | aggravated driving under the influence of alcohol,
other | 4 | | drug or drugs, or intoxicating compound or compounds , or | 5 | | any combination
thereof as defined in subparagraph (C) of | 6 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 7 | | Illinois Vehicle Code committed on or after January 1, 2011 | 8 | | ( the effective date of Public Act 96-1230) this amendatory | 9 | | Act of the 96th General Assembly, shall receive no more | 10 | | than 4.5
days of good conduct credit for each month of his | 11 | | or her sentence of
imprisonment.
| 12 | | (3) The rules and regulations shall also provide that
| 13 | | the Director may award up to 180 days additional good | 14 | | conduct
credit for meritorious service in specific | 15 | | instances as the
Director deems proper; except that no more | 16 | | than 90 days
of good conduct credit for meritorious service
| 17 | | shall be awarded to any prisoner who is serving a sentence | 18 | | for
conviction of first degree murder, reckless homicide | 19 | | while under the
influence of alcohol or any other drug,
or | 20 | | aggravated driving under the influence of alcohol, other | 21 | | drug or drugs, or
intoxicating compound or compounds, or | 22 | | any combination thereof as defined in
subparagraph (F) of | 23 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 24 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 25 | | predatory criminal sexual assault of a child,
aggravated | 26 | | criminal sexual assault, criminal sexual assault, deviate |
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| 1 | | sexual
assault, aggravated criminal sexual abuse, | 2 | | aggravated indecent liberties
with a child, indecent | 3 | | liberties with a child, child pornography, heinous
| 4 | | battery, aggravated battery of a spouse, aggravated | 5 | | battery of a spouse
with a firearm, stalking, aggravated | 6 | | stalking, aggravated battery of a child,
endangering the | 7 | | life or health of a child, or cruelty to a child. | 8 | | Notwithstanding the foregoing, good conduct credit for
| 9 | | meritorious service shall not be awarded on a
sentence of | 10 | | imprisonment imposed for conviction of: (i) one of the | 11 | | offenses
enumerated in subdivision (a)(2)(i), (ii), or | 12 | | (iii) when the offense is committed on or after
June 19, | 13 | | 1998 or subdivision (a)(2)(iv) when the offense is | 14 | | committed on or after June 23, 2005 (the effective date of | 15 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 16 | | is committed on or after August 13, 2007 (the effective | 17 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 18 | | the offense is committed on or after June 1, 2008 (the | 19 | | effective date of Public Act 95-625) or subdivision | 20 | | (a)(2)(vii) when the offense is committed on or after July | 21 | | 23, 2010 ( the effective date of Public Act 96-1224) this | 22 | | amendatory Act of the 96th General Assembly , (ii) | 23 | | aggravated driving under the influence of alcohol, other | 24 | | drug or drugs, or
intoxicating compound or compounds, or | 25 | | any combination thereof as defined in
subparagraph (F) of | 26 | | paragraph (1) of subsection (d) of Section 11-501 of the
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| 1 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 2 | | in subdivision
(a)(2.4) when the offense is committed on or | 3 | | after
July 15, 1999 (the effective date of Public Act | 4 | | 91-121),
(iv) aggravated arson when the offense is | 5 | | committed
on or after July 27, 2001 (the effective date of | 6 | | Public Act 92-176), or (v) offenses that may subject the | 7 | | offender to commitment under the Sexually Violent Persons | 8 | | Commitment Act, or (vi) (v) aggravated driving under the | 9 | | influence of alcohol,
other drug or drugs, or intoxicating | 10 | | compound or compounds , or any combination
thereof as | 11 | | defined in subparagraph (C) of paragraph (1) of subsection | 12 | | (d) of
Section 11-501 of the Illinois Vehicle Code | 13 | | committed on or after January 1, 2011 ( the effective date | 14 | | of Public Act 96-1230) this amendatory Act of the 96th | 15 | | General Assembly .
| 16 | | The Director shall not award good conduct credit for | 17 | | meritorious service under this paragraph (3) to an inmate | 18 | | unless the inmate has served a minimum of 60 days of the | 19 | | sentence; except nothing in this paragraph shall be | 20 | | construed to permit the Director to extend an inmate's | 21 | | sentence beyond that which was imposed by the court. Prior | 22 | | to awarding credit under this paragraph (3), the Director | 23 | | shall make a written determination that the inmate: | 24 | | (A) is eligible for good conduct credit for | 25 | | meritorious service; | 26 | | (B) has served a minimum of 60 days, or as close to |
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| 1 | | 60 days as the sentence will allow; and | 2 | | (C) has met the eligibility criteria established | 3 | | by rule. | 4 | | The Director shall determine the form and content of | 5 | | the written determination required in this subsection.
| 6 | | (4) The rules and regulations shall also provide that | 7 | | the good conduct
credit accumulated and retained under | 8 | | paragraph (2.1) of subsection (a) of
this Section by any | 9 | | inmate during specific periods of time in which such
inmate | 10 | | is engaged full-time in substance abuse programs, | 11 | | correctional
industry assignments, or educational programs | 12 | | provided by the Department
under this paragraph (4) and | 13 | | satisfactorily completes the assigned program as
| 14 | | determined by the standards of the Department, shall be | 15 | | multiplied by a factor
of 1.25 for program participation | 16 | | before August 11, 1993
and 1.50 for program participation | 17 | | on or after that date.
However, no inmate shall be eligible | 18 | | for the additional good conduct credit
under this paragraph | 19 | | (4) or (4.1) of this subsection (a) while assigned to a | 20 | | boot camp
or electronic detention, or if convicted of an | 21 | | offense enumerated in
subdivision (a)(2)(i), (ii), or | 22 | | (iii) of this Section that is committed on or after June | 23 | | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 24 | | committed on or after June 23, 2005 (the effective date of | 25 | | Public Act 94-71) or subdivision (a)(2)(v) of this Section | 26 | | that is committed on or after August 13, 2007 (the |
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| 1 | | effective date of Public Act 95-134)
or subdivision | 2 | | (a)(2)(vi) when the offense is committed on or after June | 3 | | 1, 2008 (the effective date of Public Act 95-625) or | 4 | | subdivision (a)(2)(vii) when the offense is committed on or | 5 | | after July 23, 2010 ( the effective date of Public Act | 6 | | 96-1224) this amendatory Act of the 96th General Assembly , | 7 | | or if convicted of aggravated driving under the influence | 8 | | of alcohol, other drug or drugs, or
intoxicating compound | 9 | | or compounds , or any combination thereof as defined in
| 10 | | subparagraph (F) of paragraph (1) of subsection (d) of | 11 | | Section 11-501 of the
Illinois Vehicle Code, or if | 12 | | convicted of aggravated driving under the influence of | 13 | | alcohol,
other drug or drugs, or intoxicating compound or | 14 | | compounds , or any combination
thereof as defined in | 15 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 16 | | Section 11-501 of the Illinois Vehicle Code committed on or | 17 | | after January 1, 2011 ( the effective date of Public Act | 18 | | 96-1230) this amendatory Act of the 96th General Assembly , | 19 | | or if convicted of an offense enumerated in paragraph
| 20 | | (a)(2.4) of this Section that is committed on or after
July | 21 | | 15, 1999 (the effective date of Public Act 91-121),
or | 22 | | first degree murder, a Class X felony, criminal sexual
| 23 | | assault, felony criminal sexual abuse, aggravated criminal | 24 | | sexual abuse,
aggravated battery with a firearm, or any | 25 | | predecessor or successor offenses
with the same or | 26 | | substantially the same elements, or any inchoate offenses
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| 1 | | relating to the foregoing offenses. No inmate shall be | 2 | | eligible for the
additional good conduct credit under this | 3 | | paragraph (4) who (i) has previously
received increased | 4 | | good conduct credit under this paragraph (4) and has
| 5 | | subsequently been convicted of a
felony, or (ii) has | 6 | | previously served more than one prior sentence of
| 7 | | imprisonment for a felony in an adult correctional | 8 | | facility.
| 9 | | Educational, vocational, substance abuse and | 10 | | correctional
industry programs under which good conduct | 11 | | credit may be increased under
this paragraph (4) and | 12 | | paragraph (4.1) of this subsection (a) shall be evaluated | 13 | | by the Department on the basis of
documented standards. The | 14 | | Department shall report the results of these
evaluations to | 15 | | the Governor and the General Assembly by September 30th of | 16 | | each
year. The reports shall include data relating to the | 17 | | recidivism rate among
program participants.
| 18 | | Availability of these programs shall be subject to the
| 19 | | limits of fiscal resources appropriated by the General | 20 | | Assembly for these
purposes. Eligible inmates who are | 21 | | denied immediate admission shall be
placed on a waiting | 22 | | list under criteria established by the Department.
The | 23 | | inability of any inmate to become engaged in any such | 24 | | programs
by reason of insufficient program resources or for | 25 | | any other reason
established under the rules and | 26 | | regulations of the Department shall not be
deemed a cause |
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| 1 | | of action under which the Department or any employee or
| 2 | | agent of the Department shall be liable for damages to the | 3 | | inmate.
| 4 | | (4.1) The rules and regulations shall also provide that | 5 | | an additional 60 days of good conduct credit shall be | 6 | | awarded to any prisoner who passes the high school level | 7 | | Test of General Educational Development (GED) while the | 8 | | prisoner is incarcerated. The good conduct credit awarded | 9 | | under this paragraph (4.1) shall be in addition to, and | 10 | | shall not affect, the award of good conduct under any other | 11 | | paragraph of this Section, but shall also be pursuant to | 12 | | the guidelines and restrictions set forth in paragraph (4) | 13 | | of subsection (a) of this Section.
The good conduct credit | 14 | | provided for in this paragraph shall be available only to | 15 | | those prisoners who have not previously earned a high | 16 | | school diploma or a GED. If, after an award of the GED good | 17 | | conduct credit has been made and the Department determines | 18 | | that the prisoner was not eligible, then the award shall be | 19 | | revoked.
| 20 | | (4.5) The rules and regulations on early release shall | 21 | | also provide that
when the court's sentencing order | 22 | | recommends a prisoner for substance abuse treatment and the
| 23 | | crime was committed on or after September 1, 2003 (the | 24 | | effective date of
Public Act 93-354), the prisoner shall | 25 | | receive no good conduct credit awarded under clause (3) of | 26 | | this subsection (a) unless he or she participates in and
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| 1 | | completes a substance abuse treatment program. The | 2 | | Director may waive the requirement to participate in or | 3 | | complete a substance abuse treatment program and award the | 4 | | good conduct credit in specific instances if the prisoner | 5 | | is not a good candidate for a substance abuse treatment | 6 | | program for medical, programming, or operational reasons. | 7 | | Availability of
substance abuse treatment shall be subject | 8 | | to the limits of fiscal resources
appropriated by the | 9 | | General Assembly for these purposes. If treatment is not
| 10 | | available and the requirement to participate and complete | 11 | | the treatment has not been waived by the Director, the | 12 | | prisoner shall be placed on a waiting list under criteria
| 13 | | established by the Department. The Director may allow a | 14 | | prisoner placed on
a waiting list to participate in and | 15 | | complete a substance abuse education class or attend | 16 | | substance
abuse self-help meetings in lieu of a substance | 17 | | abuse treatment program. A prisoner on a waiting list who | 18 | | is not placed in a substance abuse program prior to release | 19 | | may be eligible for a waiver and receive good conduct | 20 | | credit under clause (3) of this subsection (a) at the | 21 | | discretion of the Director.
| 22 | | (4.6) The rules and regulations on early release shall | 23 | | also provide that a prisoner who has been convicted of a | 24 | | sex offense as defined in Section 2 of the Sex Offender | 25 | | Registration Act shall receive no good conduct credit | 26 | | unless he or she either has successfully completed or is |
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| 1 | | participating in sex offender treatment as defined by the | 2 | | Sex Offender Management Board. However, prisoners who are | 3 | | waiting to receive such treatment, but who are unable to do | 4 | | so due solely to the lack of resources on the part of the | 5 | | Department, may, at the Director's sole discretion, be | 6 | | awarded good conduct credit at such rate as the Director | 7 | | shall determine.
| 8 | | (5) Whenever the Department is to release any inmate | 9 | | earlier than it
otherwise would because of a grant of good | 10 | | conduct credit for meritorious
service given at any time | 11 | | during the term, the Department shall give
reasonable | 12 | | notice of the impending release not less than 14 days prior | 13 | | to the date of the release to the State's
Attorney of the | 14 | | county where the prosecution of the inmate took place, and | 15 | | if applicable, the State's Attorney of the county into | 16 | | which the inmate will be released. The Department must also | 17 | | make identification information and a recent photo of the | 18 | | inmate being released accessible on the Internet by means | 19 | | of a hyperlink labeled "Community Notification of Inmate | 20 | | Early Release" on the Department's World Wide Web homepage.
| 21 | | The identification information shall include the inmate's: | 22 | | name, any known alias, date of birth, physical | 23 | | characteristics, residence address, commitment offense and | 24 | | county where conviction was imposed. The identification | 25 | | information shall be placed on the website within 3 days of | 26 | | the inmate's release and the information may not be removed |
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| 1 | | until either: completion of the first year of mandatory | 2 | | supervised release or return of the inmate to custody of | 3 | | the Department.
| 4 | | (b) Whenever a person is or has been committed under
| 5 | | several convictions, with separate sentences, the sentences
| 6 | | shall be construed under Section 5-8-4 in granting and
| 7 | | forfeiting of good time.
| 8 | | (c) The Department shall prescribe rules and regulations
| 9 | | for revoking good conduct credit, or suspending or reducing
the | 10 | | rate of accumulation of good conduct credit for specific
rule | 11 | | violations, during imprisonment. These rules and regulations
| 12 | | shall provide that no inmate may be penalized more than one
| 13 | | year of good conduct credit for any one infraction.
| 14 | | When the Department seeks to revoke, suspend or reduce
the | 15 | | rate of accumulation of any good conduct credits for
an alleged | 16 | | infraction of its rules, it shall bring charges
therefor | 17 | | against the prisoner sought to be so deprived of
good conduct | 18 | | credits before the Prisoner Review Board as
provided in | 19 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 20 | | amount of credit at issue exceeds 30 days or
when during any 12 | 21 | | month period, the cumulative amount of
credit revoked exceeds | 22 | | 30 days except where the infraction is committed
or discovered | 23 | | within 60 days of scheduled release. In those cases,
the | 24 | | Department of Corrections may revoke up to 30 days of good | 25 | | conduct credit.
The Board may subsequently approve the | 26 | | revocation of additional good
conduct credit, if the Department |
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| 1 | | seeks to revoke good conduct credit in
excess of 30 days. | 2 | | However, the Board shall not be empowered to review the
| 3 | | Department's decision with respect to the loss of 30 days of | 4 | | good conduct
credit within any calendar year for any prisoner | 5 | | or to increase any penalty
beyond the length requested by the | 6 | | Department.
| 7 | | The Director of the Department of Corrections, in | 8 | | appropriate cases, may
restore up to 30 days good conduct | 9 | | credits which have been revoked, suspended
or reduced. Any | 10 | | restoration of good conduct credits in excess of 30 days shall
| 11 | | be subject to review by the Prisoner Review Board. However, the | 12 | | Board may not
restore good conduct credit in excess of the | 13 | | amount requested by the Director.
| 14 | | Nothing contained in this Section shall prohibit the | 15 | | Prisoner Review Board
from ordering, pursuant to Section | 16 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 17 | | sentence imposed by the court that was not served due to the
| 18 | | accumulation of good conduct credit.
| 19 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 20 | | federal court
against the State, the Department of Corrections, | 21 | | or the Prisoner Review Board,
or against any of
their officers | 22 | | or employees, and the court makes a specific finding that a
| 23 | | pleading, motion, or other paper filed by the prisoner is | 24 | | frivolous, the
Department of Corrections shall conduct a | 25 | | hearing to revoke up to
180 days of good conduct credit by | 26 | | bringing charges against the prisoner
sought to be deprived of |
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| 1 | | the good conduct credits before the Prisoner Review
Board as | 2 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 3 | | If the prisoner has not accumulated 180 days of good conduct | 4 | | credit at the
time of the finding, then the Prisoner Review | 5 | | Board may revoke all
good conduct credit accumulated by the | 6 | | prisoner.
| 7 | | For purposes of this subsection (d):
| 8 | | (1) "Frivolous" means that a pleading, motion, or other | 9 | | filing which
purports to be a legal document filed by a | 10 | | prisoner in his or her lawsuit meets
any or all of the | 11 | | following criteria:
| 12 | | (A) it lacks an arguable basis either in law or in | 13 | | fact;
| 14 | | (B) it is being presented for any improper purpose, | 15 | | such as to harass or
to cause unnecessary delay or | 16 | | needless increase in the cost of litigation;
| 17 | | (C) the claims, defenses, and other legal | 18 | | contentions therein are not
warranted by existing law | 19 | | or by a nonfrivolous argument for the extension,
| 20 | | modification, or reversal of existing law or the | 21 | | establishment of new law;
| 22 | | (D) the allegations and other factual contentions | 23 | | do not have
evidentiary
support or, if specifically so | 24 | | identified, are not likely to have evidentiary
support | 25 | | after a reasonable opportunity for further | 26 | | investigation or discovery;
or
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| 1 | | (E) the denials of factual contentions are not | 2 | | warranted on the
evidence, or if specifically so | 3 | | identified, are not reasonably based on a lack
of | 4 | | information or belief.
| 5 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 6 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 7 | | action under
Article X of the Code of Civil Procedure or | 8 | | under federal law (28 U.S.C. 2254),
a petition for claim | 9 | | under the Court of Claims Act, an action under the
federal | 10 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 11 | | subsequent petition for post-conviction relief under | 12 | | Article 122 of the Code of Criminal Procedure of 1963 | 13 | | whether filed with or without leave of court or a second or | 14 | | subsequent petition for relief from judgment under Section | 15 | | 2-1401 of the Code of Civil Procedure.
| 16 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 17 | | validity of Public Act 89-404.
| 18 | | (f) Whenever the Department is to release any inmate who | 19 | | has been convicted of a violation of an order of protection | 20 | | under Section 12-30 of the Criminal Code of 1961, earlier than | 21 | | it
otherwise would because of a grant of good conduct credit, | 22 | | the Department, as a condition of such early release, shall | 23 | | require that the person, upon release, be placed under | 24 | | electronic surveillance as provided in Section 5-8A-7 of this | 25 | | Code. | 26 | | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; |
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| 1 | | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 2 | | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. | 3 | | 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, | 4 | | eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
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