Full Text of SB1678 98th General Assembly
SB1678sam001 98TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 3/7/2013
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| 1 | | AMENDMENT TO SENATE BILL 1678
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1678 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 9 and by adding Section 9.5 as | 6 | | follows:
| 7 | | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| 8 | | Sec. 9.
Every person whose application for a Firearm | 9 | | Owner's Identification
Card is denied, and every holder of such | 10 | | a Card whose Card is revoked
or seized, shall receive a written | 11 | | notice from the Department of State
Police stating specifically | 12 | | the grounds upon which
his application has
been denied or upon | 13 | | which his Identification Card has been revoked. The written | 14 | | notice shall include the requirements of Section 9.5 of this | 15 | | Act. A copy of the written notice shall be provided to the | 16 | | sheriff and law enforcement agency where the person resides.
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| 1 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 2 | | (430 ILCS 65/9.5 new) | 3 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 4 | | Card. | 5 | | (a) A person who receives a revocation notice under Section | 6 | | 9 of this Act shall, within 48 hours of receiving notice of the | 7 | | revocation: | 8 | | (1) surrender his or her Firearm Owner's | 9 | | Identification Card to the local law enforcement agency | 10 | | where the person resides. The local law enforcement agency | 11 | | shall provide the person a receipt and transmit the Firearm | 12 | | Owner's Identification Card to the Department of State | 13 | | Police; and | 14 | | (2) complete a Firearm Disposition Record on a form | 15 | | prescribed by the Department of State Police. The form | 16 | | shall require the person to disclose: | 17 | | (A) the make, model, and serial number of all | 18 | | firearms owned by or under the custody and control of | 19 | | the revoked person; | 20 | | (B) the location where the firearms will be | 21 | | maintained during the prohibited term; and | 22 | | (C) if the firearms will be transferred to the | 23 | | custody of another person, the name, address and | 24 | | Identification number of the transferee. | 25 | | (b) The local law enforcement agency shall provide a copy |
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| 1 | | of the Firearm Disposition Record to the person whose Firearm | 2 | | Owner's Identification Card has been revoked and to the | 3 | | Department of State Police. | 4 | | (c) If the person whose Firearm Owner's Identification Card | 5 | | has been revoked fails to comply with the requirements of this | 6 | | Section, the sheriff or law enforcement agency where the person | 7 | | resides may petition the circuit court to issue a warrant to | 8 | | search for and seize the Firearm Owner's Identification Card | 9 | | and firearms in the possession and under the custody or control | 10 | | of the person whose Firearm Owner's Identification Card has | 11 | | been revoked. | 12 | | (d) A violation of this Section is a Class 4 felony. | 13 | | (e) The observation of an Firearm Owner's Identification | 14 | | Card in the possession of a person whose Firearm Owner's | 15 | | Identification Card has been revoked constitutes a sufficient | 16 | | basis for the arrest of that person for violation of this | 17 | | Section. | 18 | | (f) Within 60 days after the effective date of this | 19 | | amendatory Act of the 98th General Assembly, the Department of | 20 | | State Police shall provide written notice of the requirements | 21 | | of this Section to persons whose Firearm Owner's Identification | 22 | | Cards have not expired and who have failed to surrender their | 23 | | cards to the Department. | 24 | | (g) Persons whose Firearm Owner's Identification Cards | 25 | | have been revoked and who receive notice under subsection (f) | 26 | | shall comply with the requirements of this Section within 48 |
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| 1 | | hours of receiving notice. | 2 | | Section 10. The Unified Code of Corrections is amended by | 3 | | changing Sections 3-2-2, 3-6-3, and 5-8-1 as follows:
| 4 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 5 | | Sec. 3-2-2. Powers and Duties of the Department.
| 6 | | (1) In addition to the powers, duties and responsibilities | 7 | | which are
otherwise provided by law, the Department shall have | 8 | | the following powers:
| 9 | | (a) To accept persons committed to it by the courts of | 10 | | this State for
care, custody, treatment and | 11 | | rehabilitation, and to accept federal prisoners and aliens | 12 | | over whom the Office of the Federal Detention Trustee is | 13 | | authorized to exercise the federal detention function for | 14 | | limited purposes and periods of time.
| 15 | | (b) To develop and maintain reception and evaluation | 16 | | units for purposes
of analyzing the custody and | 17 | | rehabilitation needs of persons committed to
it and to | 18 | | assign such persons to institutions and programs under its | 19 | | control
or transfer them to other appropriate agencies. In | 20 | | consultation with the
Department of Alcoholism and | 21 | | Substance Abuse (now the Department of Human
Services), the | 22 | | Department of Corrections
shall develop a master plan for | 23 | | the screening and evaluation of persons
committed to its | 24 | | custody who have alcohol or drug abuse problems, and for
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| 1 | | making appropriate treatment available to such persons; | 2 | | the Department
shall report to the General Assembly on such | 3 | | plan not later than April 1,
1987. The maintenance and | 4 | | implementation of such plan shall be contingent
upon the | 5 | | availability of funds.
| 6 | | (b-1) To create and implement, on January 1, 2002, a | 7 | | pilot
program to
establish the effectiveness of | 8 | | pupillometer technology (the measurement of the
pupil's
| 9 | | reaction to light) as an alternative to a urine test for | 10 | | purposes of screening
and evaluating
persons committed to | 11 | | its custody who have alcohol or drug problems. The
pilot | 12 | | program shall require the pupillometer technology to be | 13 | | used in at
least one Department of
Corrections facility. | 14 | | The Director may expand the pilot program to include an
| 15 | | additional facility or
facilities as he or she deems | 16 | | appropriate.
A minimum of 4,000 tests shall be included in | 17 | | the pilot program.
The
Department must report to the
| 18 | | General Assembly on the
effectiveness of the program by | 19 | | January 1, 2003.
| 20 | | (b-5) To develop, in consultation with the Department | 21 | | of State Police, a
program for tracking and evaluating each | 22 | | inmate from commitment through release
for recording his or | 23 | | her gang affiliations, activities, or ranks.
| 24 | | (c) To maintain and administer all State correctional | 25 | | institutions and
facilities under its control and to | 26 | | establish new ones as needed. Pursuant
to its power to |
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| 1 | | establish new institutions and facilities, the Department
| 2 | | may, with the written approval of the Governor, authorize | 3 | | the Department of
Central Management Services to enter into | 4 | | an agreement of the type
described in subsection (d) of | 5 | | Section 405-300 of the
Department
of Central Management | 6 | | Services Law (20 ILCS 405/405-300). The Department shall
| 7 | | designate those institutions which
shall constitute the | 8 | | State Penitentiary System.
| 9 | | Pursuant to its power to establish new institutions and | 10 | | facilities, the
Department may authorize the Department of | 11 | | Central Management Services to
accept bids from counties | 12 | | and municipalities for the construction,
remodeling or | 13 | | conversion of a structure to be leased to the Department of
| 14 | | Corrections for the purposes of its serving as a | 15 | | correctional institution
or facility. Such construction, | 16 | | remodeling or conversion may be financed
with revenue bonds | 17 | | issued pursuant to the Industrial Building Revenue Bond
Act | 18 | | by the municipality or county. The lease specified in a bid | 19 | | shall be
for a term of not less than the time needed to | 20 | | retire any revenue bonds
used to finance the project, but | 21 | | not to exceed 40 years. The lease may
grant to the State | 22 | | the option to purchase the structure outright.
| 23 | | Upon receipt of the bids, the Department may certify | 24 | | one or more of the
bids and shall submit any such bids to | 25 | | the General Assembly for approval.
Upon approval of a bid | 26 | | by a constitutional majority of both houses of the
General |
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| 1 | | Assembly, pursuant to joint resolution, the Department of | 2 | | Central
Management Services may enter into an agreement | 3 | | with the county or
municipality pursuant to such bid.
| 4 | | (c-5) To build and maintain regional juvenile | 5 | | detention centers and to
charge a per diem to the counties | 6 | | as established by the Department to defray
the costs of | 7 | | housing each minor in a center. In this subsection (c-5),
| 8 | | "juvenile
detention center" means a facility to house | 9 | | minors during pendency of trial who
have been transferred | 10 | | from proceedings under the Juvenile Court Act of 1987 to
| 11 | | prosecutions under the criminal laws of this State in | 12 | | accordance with Section
5-805 of the Juvenile Court Act of | 13 | | 1987, whether the transfer was by operation
of
law or | 14 | | permissive under that Section. The Department shall | 15 | | designate the
counties to be served by each regional | 16 | | juvenile detention center.
| 17 | | (d) To develop and maintain programs of control, | 18 | | rehabilitation and
employment of committed persons within | 19 | | its institutions.
| 20 | | (d-5) To provide a pre-release job preparation program | 21 | | for inmates at Illinois adult correctional centers.
| 22 | | (e) To establish a system of supervision and guidance | 23 | | of committed persons
in the community.
| 24 | | (e-5) To enter into intergovernmental cooperation | 25 | | agreements with county sheriffs under which sheriffs' | 26 | | departments may enforce and assess compliance with the |
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| 1 | | conditions of parole or mandatory supervised release of | 2 | | releasees residing in the county.
| 3 | | (f) To establish in cooperation with the Department of | 4 | | Transportation
to supply a sufficient number of prisoners | 5 | | for use by the Department of
Transportation to clean up the | 6 | | trash and garbage along State, county,
township, or | 7 | | municipal highways as designated by the Department of
| 8 | | Transportation. The Department of Corrections, at the | 9 | | request of the
Department of Transportation, shall furnish | 10 | | such prisoners at least
annually for a period to be agreed | 11 | | upon between the Director of
Corrections and the Director | 12 | | of Transportation. The prisoners used on this
program shall | 13 | | be selected by the Director of Corrections on whatever | 14 | | basis
he deems proper in consideration of their term, | 15 | | behavior and earned eligibility
to participate in such | 16 | | program - where they will be outside of the prison
facility | 17 | | but still in the custody of the Department of Corrections. | 18 | | Prisoners
convicted of first degree murder, or a Class X | 19 | | felony, or armed violence, or
aggravated kidnapping, or | 20 | | criminal sexual assault, aggravated criminal sexual
abuse | 21 | | or a subsequent conviction for criminal sexual abuse, or | 22 | | forcible
detention, or arson, or a prisoner adjudged a | 23 | | Habitual Criminal shall not be
eligible for selection to | 24 | | participate in such program. The prisoners shall
remain as | 25 | | prisoners in the custody of the Department of Corrections | 26 | | and such
Department shall furnish whatever security is |
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| 1 | | necessary. The Department of
Transportation shall furnish | 2 | | trucks and equipment for the highway cleanup
program and | 3 | | personnel to supervise and direct the program. Neither the
| 4 | | Department of Corrections nor the Department of | 5 | | Transportation shall replace
any regular employee with a | 6 | | prisoner.
| 7 | | (g) To maintain records of persons committed to it and | 8 | | to establish
programs of research, statistics and | 9 | | planning.
| 10 | | (h) To investigate the grievances of any person | 11 | | committed to the
Department, to inquire into any alleged | 12 | | misconduct by employees
or committed persons, and to | 13 | | investigate the assets
of committed persons to implement | 14 | | Section 3-7-6 of this Code; and for
these purposes it may | 15 | | issue subpoenas and compel the attendance of witnesses
and | 16 | | the production of writings and papers, and may examine | 17 | | under oath any
witnesses who may appear before it; to also | 18 | | investigate alleged violations
of a parolee's or | 19 | | releasee's conditions of parole or release; and for this
| 20 | | purpose it may issue subpoenas and compel the attendance of | 21 | | witnesses and
the production of documents only if there is | 22 | | reason to believe that such
procedures would provide | 23 | | evidence that such violations have occurred.
| 24 | | If any person fails to obey a subpoena issued under | 25 | | this subsection,
the Director may apply to any circuit | 26 | | court to secure compliance with the
subpoena. The failure |
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| 1 | | to comply with the order of the court issued in
response | 2 | | thereto shall be punishable as contempt of court.
| 3 | | (i) To appoint and remove the chief administrative | 4 | | officers, and
administer
programs of training and | 5 | | development of personnel of the Department. Personnel
| 6 | | assigned by the Department to be responsible for the
| 7 | | custody and control of committed persons or to investigate | 8 | | the alleged
misconduct of committed persons or employees or | 9 | | alleged violations of a
parolee's or releasee's conditions | 10 | | of parole shall be conservators of the peace
for those | 11 | | purposes, and shall have the full power of peace officers | 12 | | outside
of the facilities of the Department in the | 13 | | protection, arrest, retaking
and reconfining of committed | 14 | | persons or where the exercise of such power
is necessary to | 15 | | the investigation of such misconduct or violations.
| 16 | | (j) To cooperate with other departments and agencies | 17 | | and with local
communities for the development of standards | 18 | | and programs for better
correctional services in this | 19 | | State.
| 20 | | (k) To administer all moneys and properties of the | 21 | | Department.
| 22 | | (l) To report annually to the Governor on the committed
| 23 | | persons, institutions and programs of the Department.
| 24 | | (l-5) (Blank).
| 25 | | (m) To make all rules and regulations and exercise all | 26 | | powers and duties
vested by law in the Department.
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| 1 | | (n) To establish rules and regulations for | 2 | | administering a system of
sentence credits, established in | 3 | | accordance with Section 3-6-3, subject
to review by the | 4 | | Prisoner Review Board.
| 5 | | (o) To administer the distribution of funds
from the | 6 | | State Treasury to reimburse counties where State penal
| 7 | | institutions are located for the payment of assistant | 8 | | state's attorneys'
salaries under Section 4-2001 of the | 9 | | Counties Code.
| 10 | | (p) To exchange information with the Department of | 11 | | Human Services and the
Department of Healthcare and Family | 12 | | Services
for the purpose of verifying living arrangements | 13 | | and for other purposes
directly connected with the | 14 | | administration of this Code and the Illinois
Public Aid | 15 | | Code.
| 16 | | (q) To establish a diversion program.
| 17 | | The program shall provide a structured environment for | 18 | | selected
technical parole or mandatory supervised release | 19 | | violators and committed
persons who have violated the rules | 20 | | governing their conduct while in work
release. This program | 21 | | shall not apply to those persons who have committed
a new | 22 | | offense while serving on parole or mandatory supervised | 23 | | release or
while committed to work release.
| 24 | | Elements of the program shall include, but shall not be | 25 | | limited to, the
following:
| 26 | | (1) The staff of a diversion facility shall provide |
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| 1 | | supervision in
accordance with required objectives set | 2 | | by the facility.
| 3 | | (2) Participants shall be required to maintain | 4 | | employment.
| 5 | | (3) Each participant shall pay for room and board | 6 | | at the facility on a
sliding-scale basis according to | 7 | | the participant's income.
| 8 | | (4) Each participant shall:
| 9 | | (A) provide restitution to victims in | 10 | | accordance with any court order;
| 11 | | (B) provide financial support to his | 12 | | dependents; and
| 13 | | (C) make appropriate payments toward any other | 14 | | court-ordered
obligations.
| 15 | | (5) Each participant shall complete community | 16 | | service in addition to
employment.
| 17 | | (6) Participants shall take part in such | 18 | | counseling, educational and
other programs as the | 19 | | Department may deem appropriate.
| 20 | | (7) Participants shall submit to drug and alcohol | 21 | | screening.
| 22 | | (8) The Department shall promulgate rules | 23 | | governing the administration
of the program.
| 24 | | (r) To enter into intergovernmental cooperation | 25 | | agreements under which
persons in the custody of the | 26 | | Department may participate in a county impact
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| 1 | | incarceration program established under Section 3-6038 or | 2 | | 3-15003.5 of the
Counties Code.
| 3 | | (r-5) (Blank).
| 4 | | (r-10) To systematically and routinely identify with | 5 | | respect to each
streetgang active within the correctional | 6 | | system: (1) each active gang; (2)
every existing inter-gang | 7 | | affiliation or alliance; and (3) the current leaders
in | 8 | | each gang. The Department shall promptly segregate leaders | 9 | | from inmates who
belong to their gangs and allied gangs. | 10 | | "Segregate" means no physical contact
and, to the extent | 11 | | possible under the conditions and space available at the
| 12 | | correctional facility, prohibition of visual and sound | 13 | | communication. For the
purposes of this paragraph (r-10), | 14 | | "leaders" means persons who:
| 15 | | (i) are members of a criminal streetgang;
| 16 | | (ii) with respect to other individuals within the | 17 | | streetgang, occupy a
position of organizer, | 18 | | supervisor, or other position of management or
| 19 | | leadership; and
| 20 | | (iii) are actively and personally engaged in | 21 | | directing, ordering,
authorizing, or requesting | 22 | | commission of criminal acts by others, which are
| 23 | | punishable as a felony, in furtherance of streetgang | 24 | | related activity both
within and outside of the | 25 | | Department of Corrections.
| 26 | | "Streetgang", "gang", and "streetgang related" have the |
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| 1 | | meanings ascribed to
them in Section 10 of the Illinois | 2 | | Streetgang Terrorism Omnibus Prevention
Act.
| 3 | | (s) To operate a super-maximum security institution, | 4 | | in order to
manage and
supervise inmates who are disruptive | 5 | | or dangerous and provide for the safety
and security of the | 6 | | staff and the other inmates.
| 7 | | (t) To monitor any unprivileged conversation or any | 8 | | unprivileged
communication, whether in person or by mail, | 9 | | telephone, or other means,
between an inmate who, before | 10 | | commitment to the Department, was a member of an
organized | 11 | | gang and any other person without the need to show cause or | 12 | | satisfy
any other requirement of law before beginning the | 13 | | monitoring, except as
constitutionally required. The | 14 | | monitoring may be by video, voice, or other
method of | 15 | | recording or by any other means. As used in this | 16 | | subdivision (1)(t),
"organized gang" has the meaning | 17 | | ascribed to it in Section 10 of the Illinois
Streetgang | 18 | | Terrorism Omnibus Prevention Act.
| 19 | | As used in this subdivision (1)(t), "unprivileged | 20 | | conversation" or
"unprivileged communication" means a | 21 | | conversation or communication that is not
protected by any | 22 | | privilege recognized by law or by decision, rule, or order | 23 | | of
the Illinois Supreme Court.
| 24 | | (u) To establish a Women's and Children's Pre-release | 25 | | Community
Supervision
Program for the purpose of providing | 26 | | housing and services to eligible female
inmates, as |
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| 1 | | determined by the Department, and their newborn and young
| 2 | | children.
| 3 | | (u-5) To issue an order, whenever a person committed to | 4 | | the Department absconds or absents himself or herself, | 5 | | without authority to do so, from any facility or program to | 6 | | which he or she is assigned. The order shall be certified | 7 | | by the Director, the Supervisor of the Apprehension Unit, | 8 | | or any person duly designated by the Director, with the | 9 | | seal of the Department affixed. The order shall be directed | 10 | | to all sheriffs, coroners, and police officers, or to any | 11 | | particular person named in the order. Any order issued | 12 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 13 | | warrant for the officer or person named in the order to | 14 | | arrest and deliver the committed person to the proper | 15 | | correctional officials and shall be executed the same as | 16 | | criminal process.
| 17 | | (v) To do all other acts necessary to carry out the | 18 | | provisions
of this Chapter.
| 19 | | (2) The Department of Corrections shall by January 1, 1998, | 20 | | consider
building and operating a correctional facility within | 21 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 22 | | a facility designed to house juvenile
participants in the | 23 | | impact incarceration program.
| 24 | | (3) When the Department lets bids for contracts for medical
| 25 | | services to be provided to persons committed to Department | 26 | | facilities by
a health maintenance organization, medical |
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| 1 | | service corporation, or other
health care provider, the bid may | 2 | | only be let to a health care provider
that has obtained an | 3 | | irrevocable letter of credit or performance bond
issued by a | 4 | | company whose bonds have an investment grade or higher rating | 5 | | by a bond rating
organization.
| 6 | | (4) When the Department lets bids for
contracts for food or | 7 | | commissary services to be provided to
Department facilities, | 8 | | the bid may only be let to a food or commissary
services | 9 | | provider that has obtained an irrevocable letter of
credit or | 10 | | performance bond issued by a company whose bonds have an | 11 | | investment grade or higher rating by a bond rating | 12 | | organization.
| 13 | | (Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12; | 14 | | 97-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
| 15 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 16 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 17 | | (a) (1) The Department of Corrections shall prescribe | 18 | | rules
and regulations for awarding and revoking sentence | 19 | | credit for persons committed to the Department which shall
| 20 | | be subject to review by the Prisoner Review Board.
| 21 | | (1.5) As otherwise provided by law, sentence credit may | 22 | | be awarded for the following: | 23 | | (A) successful completion of programming while in | 24 | | custody of the Department or while in custody prior to | 25 | | sentencing; |
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| 1 | | (B) compliance with the rules and regulations of | 2 | | the Department; or | 3 | | (C) service to the institution, service to a | 4 | | community, or service to the State.
| 5 | | (2) The rules and regulations on sentence credit shall | 6 | | provide, with
respect to offenses listed in clause (i), | 7 | | (ii), or (iii) of this paragraph (2) committed on or after | 8 | | June 19, 1998 or with respect to the offense listed in | 9 | | clause (iv) of this paragraph (2) committed on or after | 10 | | June 23, 2005 (the effective date of Public Act 94-71) or | 11 | | with
respect to offense listed in clause (vi)
committed on | 12 | | or after June 1, 2008 (the effective date of Public Act | 13 | | 95-625)
or with respect to the offense of being an armed | 14 | | habitual criminal committed on or after August 2, 2005 (the | 15 | | effective date of Public Act 94-398) or with respect to the | 16 | | offenses listed in clause (v) of this paragraph (2) | 17 | | committed on or after August 13, 2007 (the effective date | 18 | | of Public Act 95-134) or with respect to the offense of | 19 | | aggravated domestic battery committed on or after July 23, | 20 | | 2010 (the effective date of Public Act 96-1224) or with | 21 | | respect to the offense of attempt to commit terrorism | 22 | | committed on or after January 1, 2013 (the effective date | 23 | | of Public Act 97-990), the following:
| 24 | | (i) that a prisoner who is serving a term of | 25 | | imprisonment for first
degree murder or for the offense | 26 | | of terrorism shall receive no sentence
credit and shall |
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| 1 | | serve the entire
sentence imposed by the court;
| 2 | | (ii) that a prisoner serving a sentence for attempt | 3 | | to commit terrorism, attempt to commit first
degree | 4 | | murder, solicitation of murder, solicitation of murder | 5 | | for hire,
intentional homicide of an unborn child, | 6 | | predatory criminal sexual assault of a
child, | 7 | | aggravated criminal sexual assault, criminal sexual | 8 | | assault, aggravated
kidnapping, aggravated battery | 9 | | with a firearm as described in Section 12-4.2 or | 10 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 11 | | Section 12-3.05, heinous battery as described in | 12 | | Section 12-4.1 or subdivision (a)(2) of Section | 13 | | 12-3.05, being an armed habitual criminal, aggravated
| 14 | | battery of a senior citizen as described in Section | 15 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 16 | | aggravated battery of a child as described in Section | 17 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 , or | 18 | | unlawful use or possession of weapons by felons or | 19 | | persons in the custody of the Department of Corrections | 20 | | facilities as described in Section 24-1.1, or unlawful | 21 | | possession of a firearm by a street gang member as | 22 | | described in 24-1.8, shall receive no
more than 4.5 | 23 | | days of sentence credit for each month of his or her | 24 | | sentence
of imprisonment;
| 25 | | (iii) that a prisoner serving a sentence
for home | 26 | | invasion, armed robbery, aggravated vehicular |
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| 1 | | hijacking,
aggravated discharge of a firearm, or armed | 2 | | violence with a category I weapon
or category II | 3 | | weapon, when the court
has made and entered a finding, | 4 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 5 | | Code, that the conduct leading to conviction for the | 6 | | enumerated offense
resulted in great bodily harm to a | 7 | | victim, shall receive no more than 4.5 days
of sentence | 8 | | credit for each month of his or her sentence of | 9 | | imprisonment;
| 10 | | (iv) that a prisoner serving a sentence for | 11 | | aggravated discharge of a firearm, whether or not the | 12 | | conduct leading to conviction for the offense resulted | 13 | | in great bodily harm to the victim, shall receive no | 14 | | more than 4.5 days of sentence credit for each month of | 15 | | his or her sentence of imprisonment;
| 16 | | (v) that a person serving a sentence for | 17 | | gunrunning, narcotics racketeering, controlled | 18 | | substance trafficking, methamphetamine trafficking, | 19 | | drug-induced homicide, aggravated | 20 | | methamphetamine-related child endangerment, money | 21 | | laundering pursuant to clause (c) (4) or (5) of Section | 22 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012, or a Class X felony conviction for delivery of | 24 | | a controlled substance, possession of a controlled | 25 | | substance with intent to manufacture or deliver, | 26 | | calculated criminal drug conspiracy, criminal drug |
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| 1 | | conspiracy, street gang criminal drug conspiracy, | 2 | | participation in methamphetamine manufacturing, | 3 | | aggravated participation in methamphetamine | 4 | | manufacturing, delivery of methamphetamine, possession | 5 | | with intent to deliver methamphetamine, aggravated | 6 | | delivery of methamphetamine, aggravated possession | 7 | | with intent to deliver methamphetamine, | 8 | | methamphetamine conspiracy when the substance | 9 | | containing the controlled substance or methamphetamine | 10 | | is 100 grams or more shall receive no more than 7.5 | 11 | | days sentence credit for each month of his or her | 12 | | sentence of imprisonment;
| 13 | | (vi)
that a prisoner serving a sentence for a | 14 | | second or subsequent offense of luring a minor shall | 15 | | receive no more than 4.5 days of sentence credit for | 16 | | each month of his or her sentence of imprisonment; and
| 17 | | (vii) that a prisoner serving a sentence for | 18 | | aggravated domestic battery shall receive no more than | 19 | | 4.5 days of sentence credit for each month of his or | 20 | | her sentence of imprisonment.
| 21 | | (2.1) For all offenses, other than those enumerated in | 22 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 23 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 24 | | after June 23, 2005 (the effective date of Public Act | 25 | | 94-71) or subdivision (a)(2)(v) committed on or after | 26 | | August 13, 2007 (the effective date of Public Act 95-134)
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| 1 | | or subdivision (a)(2)(vi) committed on or after June 1, | 2 | | 2008 (the effective date of Public Act 95-625) or | 3 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 4 | | (the effective date of Public Act 96-1224), and other than | 5 | | the offense of aggravated driving under the influence of | 6 | | alcohol, other drug or drugs, or
intoxicating compound or | 7 | | compounds, or any combination thereof as defined in
| 8 | | subparagraph (F) of paragraph (1) of subsection (d) of | 9 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 10 | | the offense of aggravated driving under the influence of | 11 | | alcohol,
other drug or drugs, or intoxicating compound or | 12 | | compounds, or any combination
thereof as defined in | 13 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 14 | | Section 11-501 of the Illinois Vehicle Code committed on or | 15 | | after January 1, 2011 (the effective date of Public Act | 16 | | 96-1230),
the rules and regulations shall
provide that a | 17 | | prisoner who is serving a term of
imprisonment shall | 18 | | receive one day of sentence credit for each day of
his or | 19 | | her sentence of imprisonment or recommitment under Section | 20 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 21 | | the prisoner's period
of imprisonment or recommitment | 22 | | under 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 sentence
credit.
| 26 | | (2.3) The rules and regulations on sentence credit |
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| 1 | | shall 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 sentence credit for each month of his or her sentence of
| 8 | | imprisonment.
| 9 | | (2.4) The rules and regulations on sentence credit | 10 | | shall provide with
respect to the offenses of aggravated | 11 | | battery with a machine gun or a firearm
equipped with any | 12 | | device or attachment designed or used for silencing the
| 13 | | report of a firearm or aggravated discharge of a machine | 14 | | gun or a firearm
equipped with any device or attachment | 15 | | designed or used for silencing the
report of a firearm, | 16 | | committed on or after
July 15, 1999 (the effective date of | 17 | | Public Act 91-121),
that a prisoner serving a sentence for | 18 | | any of these offenses shall receive no
more than 4.5 days | 19 | | of sentence credit for each month of his or her sentence
of | 20 | | imprisonment.
| 21 | | (2.5) The rules and regulations on sentence credit | 22 | | shall 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 sentence credit for each month of his or | 26 | | her sentence of
imprisonment.
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| 1 | | (2.6) The rules and regulations on sentence credit | 2 | | shall 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 any | 5 | | 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) shall receive no | 9 | | more than 4.5
days of sentence credit for each month of his | 10 | | or her sentence of
imprisonment.
| 11 | | (3) The rules and regulations shall also provide that
| 12 | | the Director may award up to 180 days additional sentence
| 13 | | credit for good conduct in specific instances as the
| 14 | | Director deems proper. The good conduct may include, but is | 15 | | not limited to, compliance with the rules and regulations | 16 | | of the Department, service to the Department, service to a | 17 | | community, or service to the State. However, the Director | 18 | | shall not award more than 90 days
of sentence credit for | 19 | | good conduct to any prisoner who is serving a sentence for
| 20 | | conviction of first degree murder, reckless homicide while | 21 | | under the
influence of alcohol or any other drug,
or | 22 | | aggravated driving under the influence of alcohol, other | 23 | | drug or drugs, or
intoxicating compound or compounds, or | 24 | | any combination thereof as defined in
subparagraph (F) of | 25 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 26 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| 1 | | predatory criminal sexual assault of a child,
aggravated | 2 | | criminal sexual assault, criminal sexual assault, deviate | 3 | | sexual
assault, aggravated criminal sexual abuse, | 4 | | aggravated indecent liberties
with a child, indecent | 5 | | liberties with a child, child pornography, heinous
battery | 6 | | as described in Section 12-4.1 or subdivision (a)(2) of | 7 | | Section 12-3.05, aggravated battery of a spouse, | 8 | | aggravated battery of a spouse
with a firearm, stalking, | 9 | | aggravated stalking, aggravated battery of a child as | 10 | | described in Section 12-4.3 or subdivision (b)(1) of | 11 | | Section 12-3.05,
endangering the life or health of a child, | 12 | | or cruelty to a child. Notwithstanding the foregoing, | 13 | | sentence credit for
good conduct shall not be awarded on a
| 14 | | sentence of imprisonment imposed for conviction of: (i) one | 15 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 16 | | or (iii) when the offense is committed on or after
June 19, | 17 | | 1998 or subdivision (a)(2)(iv) when the offense is | 18 | | committed on or after June 23, 2005 (the effective date of | 19 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 20 | | is committed on or after August 13, 2007 (the effective | 21 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 22 | | the offense is committed on or after June 1, 2008 (the | 23 | | effective date of Public Act 95-625) or subdivision | 24 | | (a)(2)(vii) when the offense is committed on or after July | 25 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 26 | | aggravated driving under the influence of alcohol, other |
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| 1 | | drug or drugs, or
intoxicating compound or compounds, or | 2 | | any combination thereof as defined in
subparagraph (F) of | 3 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 4 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 5 | | in subdivision
(a)(2.4) when the offense is committed on or | 6 | | after
July 15, 1999 (the effective date of Public Act | 7 | | 91-121),
(iv) aggravated arson when the offense is | 8 | | committed
on or after July 27, 2001 (the effective date of | 9 | | Public Act 92-176), (v) offenses that may subject the | 10 | | offender to commitment under the Sexually Violent Persons | 11 | | Commitment Act, or (vi) aggravated driving under the | 12 | | influence of alcohol,
other drug or drugs, or intoxicating | 13 | | compound or compounds or any combination
thereof as defined | 14 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 15 | | Section 11-501 of the Illinois Vehicle Code committed on or | 16 | | after January 1, 2011 (the effective date of Public Act | 17 | | 96-1230).
| 18 | | Eligible inmates for an award of sentence credit under
this | 19 | | paragraph (3) may be selected to receive the credit at
the | 20 | | Director's or his or her designee's sole discretion.
| 21 | | Consideration may be based on, but not limited to, any
| 22 | | available risk assessment analysis on the inmate, any history | 23 | | of conviction for violent crimes as defined by the Rights of | 24 | | Crime Victims and Witnesses Act, facts and circumstances of the | 25 | | inmate's holding offense or offenses, and the potential for | 26 | | rehabilitation. |
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| 1 | | The Director shall not award sentence credit under this | 2 | | paragraph (3) to an inmate unless the inmate has served a | 3 | | minimum of 60 days of the sentence; except nothing in this | 4 | | paragraph shall be construed to permit the Director to extend | 5 | | an inmate's sentence beyond that which was imposed by the | 6 | | court. Prior to awarding credit under this paragraph (3), the | 7 | | Director shall make a written determination that the inmate: | 8 | | (A) is eligible for the sentence credit; | 9 | | (B) has served a minimum of 60 days, or as close to | 10 | | 60 days as the sentence will allow; and | 11 | | (C) has met the eligibility criteria established | 12 | | by rule. | 13 | | The Director shall determine the form and content of | 14 | | the written determination required in this subsection. | 15 | | (3.5) The Department shall provide annual written | 16 | | reports to the Governor and the General Assembly on the | 17 | | award of sentence credit for good conduct, with the first | 18 | | report due January 1, 2014. The Department must publish | 19 | | both reports on its website within 48 hours of transmitting | 20 | | the reports to the Governor and the General Assembly. The | 21 | | reports must include: | 22 | | (A) the number of inmates awarded sentence credit | 23 | | for good conduct; | 24 | | (B) the average amount of sentence credit for good | 25 | | conduct awarded; | 26 | | (C) the holding offenses of inmates awarded |
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| 1 | | sentence credit for good conduct; and | 2 | | (D) the number of sentence credit for good conduct | 3 | | revocations.
| 4 | | (4) The rules and regulations shall also provide that | 5 | | the sentence
credit accumulated and retained under | 6 | | paragraph (2.1) of subsection (a) of
this Section by any | 7 | | inmate during specific periods of time in which such
inmate | 8 | | is engaged full-time in substance abuse programs, | 9 | | correctional
industry assignments, educational programs, | 10 | | behavior modification programs, life skills courses, or | 11 | | re-entry planning provided by the Department
under this | 12 | | paragraph (4) and satisfactorily completes the assigned | 13 | | program as
determined by the standards of the Department, | 14 | | shall be multiplied by a factor
of 1.25 for program | 15 | | participation before August 11, 1993
and 1.50 for program | 16 | | participation on or after that date.
The rules and | 17 | | regulations shall also provide that sentence credit, | 18 | | subject to the same offense limits and multiplier provided | 19 | | in this paragraph, may be provided to an inmate who was | 20 | | held in pre-trial detention prior to his or her current | 21 | | commitment to the Department of Corrections and | 22 | | successfully completed a full-time, 60-day or longer | 23 | | substance abuse program, educational program, behavior | 24 | | modification program, life skills course, or re-entry | 25 | | planning provided by the county department of corrections | 26 | | or county jail. Calculation of this county program credit |
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| 1 | | shall be done at sentencing as provided in Section | 2 | | 5-4.5-100 of this Code and shall be included in the | 3 | | sentencing order. However, no inmate shall be eligible for | 4 | | the additional sentence credit
under this paragraph (4) or | 5 | | (4.1) of this subsection (a) while assigned to a boot camp
| 6 | | or electronic detention, or if convicted of an offense | 7 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 8 | | Section that is committed on or after June 19,
1998 or | 9 | | subdivision (a)(2)(iv) of this Section that is committed on | 10 | | or after June 23, 2005 (the effective date of Public Act | 11 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 12 | | committed on or after August 13, 2007 (the effective date | 13 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 14 | | offense is committed on or after June 1, 2008 (the | 15 | | effective date of Public Act 95-625) or subdivision | 16 | | (a)(2)(vii) when the offense is committed on or after July | 17 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 18 | | convicted of aggravated driving under the influence of | 19 | | alcohol, other drug or drugs, or
intoxicating compound or | 20 | | compounds or any combination thereof as defined in
| 21 | | subparagraph (F) of paragraph (1) of subsection (d) of | 22 | | Section 11-501 of the
Illinois Vehicle Code, or if | 23 | | convicted of aggravated driving under the influence of | 24 | | alcohol,
other drug or drugs, or intoxicating compound or | 25 | | compounds or any combination
thereof as defined in | 26 | | subparagraph (C) of paragraph (1) of subsection (d) of
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| 1 | | Section 11-501 of the Illinois Vehicle Code committed on or | 2 | | after January 1, 2011 (the effective date of Public Act | 3 | | 96-1230), or if convicted of an offense enumerated in | 4 | | paragraph
(a)(2.4) of this Section that is committed on or | 5 | | after
July 15, 1999 (the effective date of Public Act | 6 | | 91-121),
or first degree murder, a Class X felony, criminal | 7 | | sexual
assault, felony criminal sexual abuse, aggravated | 8 | | criminal sexual abuse,
aggravated battery with a firearm as | 9 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 10 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 11 | | successor offenses
with the same or substantially the same | 12 | | elements, or any inchoate offenses
relating to the | 13 | | foregoing offenses. No inmate shall be eligible for the
| 14 | | additional good conduct credit under this paragraph (4) who | 15 | | (i) has previously
received increased good conduct credit | 16 | | under this paragraph (4) and has
subsequently been | 17 | | convicted of a
felony, or (ii) has previously served more | 18 | | than one prior sentence of
imprisonment for a felony in an | 19 | | adult correctional facility.
| 20 | | Educational, vocational, substance abuse, behavior | 21 | | modification programs, life skills courses, re-entry | 22 | | planning, and correctional
industry programs under which | 23 | | sentence credit may be increased under
this paragraph (4) | 24 | | and paragraph (4.1) of this subsection (a) shall be | 25 | | evaluated by the Department on the basis of
documented | 26 | | standards. The Department shall report the results of these
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| 1 | | evaluations to the Governor and the General Assembly by | 2 | | September 30th of each
year. The reports shall include data | 3 | | relating to the recidivism rate among
program | 4 | | participants.
| 5 | | Availability of these programs shall be subject to the
| 6 | | limits of fiscal resources appropriated by the General | 7 | | Assembly for these
purposes. Eligible inmates who are | 8 | | denied immediate admission shall be
placed on a waiting | 9 | | list under criteria established by the Department.
The | 10 | | inability of any inmate to become engaged in any such | 11 | | programs
by reason of insufficient program resources or for | 12 | | any other reason
established under the rules and | 13 | | regulations of the Department shall not be
deemed a cause | 14 | | of action under which the Department or any employee or
| 15 | | agent of the Department shall be liable for damages to the | 16 | | inmate.
| 17 | | (4.1) The rules and regulations shall also provide that | 18 | | an additional 60 days of sentence credit shall be awarded | 19 | | to any prisoner who passes the high school level Test of | 20 | | General Educational Development (GED) while the prisoner | 21 | | is committed to the Department of Corrections. The sentence | 22 | | credit awarded under this paragraph (4.1) shall be in | 23 | | addition to, and shall not affect, the award of sentence | 24 | | credit under any other paragraph of this Section, but shall | 25 | | also be pursuant to the guidelines and restrictions set | 26 | | forth in paragraph (4) of subsection (a) of this Section.
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| 1 | | The sentence credit provided for in this paragraph shall be | 2 | | available only to those prisoners who have not previously | 3 | | earned a high school diploma or a GED. If, after an award | 4 | | of the GED sentence credit has been made and the Department | 5 | | determines that the prisoner was not eligible, then the | 6 | | award shall be revoked.
The Department may also award 60 | 7 | | days of sentence credit to any committed person who passed | 8 | | the high school level Test of General Educational | 9 | | Development (GED) while he or she was held in pre-trial | 10 | | detention prior to the current commitment to the Department | 11 | | of Corrections.
| 12 | | (4.5) The rules and regulations on sentence credit | 13 | | shall also provide that
when the court's sentencing order | 14 | | recommends a prisoner for substance abuse treatment and the
| 15 | | crime was committed on or after September 1, 2003 (the | 16 | | effective date of
Public Act 93-354), the prisoner shall | 17 | | receive no sentence credit awarded under clause (3) of this | 18 | | subsection (a) unless he or she participates in and
| 19 | | completes a substance abuse treatment program. The | 20 | | Director may waive the requirement to participate in or | 21 | | complete a substance abuse treatment program and award the | 22 | | sentence credit in specific instances if the prisoner is | 23 | | not a good candidate for a substance abuse treatment | 24 | | program for medical, programming, or operational reasons. | 25 | | Availability of
substance abuse treatment shall be subject | 26 | | to the limits of fiscal resources
appropriated by the |
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| 1 | | General Assembly for these purposes. If treatment is not
| 2 | | available and the requirement to participate and complete | 3 | | the treatment has not been waived by the Director, the | 4 | | prisoner shall be placed on a waiting list under criteria
| 5 | | established by the Department. The Director may allow a | 6 | | prisoner placed on
a waiting list to participate in and | 7 | | complete a substance abuse education class or attend | 8 | | substance
abuse self-help meetings in lieu of a substance | 9 | | abuse treatment program. A prisoner on a waiting list who | 10 | | is not placed in a substance abuse program prior to release | 11 | | may be eligible for a waiver and receive sentence credit | 12 | | under clause (3) of this subsection (a) at the discretion | 13 | | of the Director.
| 14 | | (4.6) The rules and regulations on sentence credit | 15 | | shall also provide that a prisoner who has been convicted | 16 | | of a sex offense as defined in Section 2 of the Sex | 17 | | Offender Registration Act shall receive no sentence credit | 18 | | unless he or she either has successfully completed or is | 19 | | participating in sex offender treatment as defined by the | 20 | | Sex Offender Management Board. However, prisoners who are | 21 | | waiting to receive treatment, but who are unable to do so | 22 | | due solely to the lack of resources on the part of the | 23 | | Department, may, at the Director's sole discretion, be | 24 | | awarded sentence credit at a rate as the Director shall | 25 | | determine.
| 26 | | (5) Whenever the Department is to release any inmate |
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| 1 | | earlier than it
otherwise would because of a grant of | 2 | | sentence credit for good conduct under paragraph (3) of | 3 | | subsection (a) of this Section given at any time during the | 4 | | term, the Department shall give
reasonable notice of the | 5 | | impending release not less than 14 days prior to the date | 6 | | of the release to the State's
Attorney of the county where | 7 | | the prosecution of the inmate took place, and if | 8 | | applicable, the State's Attorney of the county into which | 9 | | the inmate will be released. The Department must also make | 10 | | identification information and a recent photo of the inmate | 11 | | being released accessible on the Internet by means of a | 12 | | hyperlink labeled "Community Notification of Inmate Early | 13 | | Release" on the Department's World Wide Web homepage.
The | 14 | | identification information shall include the inmate's: | 15 | | name, any known alias, date of birth, physical | 16 | | characteristics, residence address, commitment offense and | 17 | | county where conviction was imposed. The identification | 18 | | information shall be placed on the website within 3 days of | 19 | | the inmate's release and the information may not be removed | 20 | | until either: completion of the first year of mandatory | 21 | | supervised release or return of the inmate to custody of | 22 | | the Department.
| 23 | | (b) Whenever a person is or has been committed under
| 24 | | several convictions, with separate sentences, the sentences
| 25 | | shall be construed under Section 5-8-4 in granting and
| 26 | | forfeiting of sentence credit.
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| 1 | | (c) The Department shall prescribe rules and regulations
| 2 | | for revoking sentence credit, including revoking sentence | 3 | | credit awarded for good conduct under paragraph (3) of | 4 | | subsection (a) of this Section. The Department shall prescribe | 5 | | rules and regulations for suspending or reducing
the rate of | 6 | | accumulation of sentence credit for specific
rule violations, | 7 | | during imprisonment. These rules and regulations
shall provide | 8 | | that no inmate may be penalized more than one
year of sentence | 9 | | credit for any one infraction.
| 10 | | When the Department seeks to revoke, suspend or reduce
the | 11 | | rate of accumulation of any sentence credits for
an alleged | 12 | | infraction of its rules, it shall bring charges
therefor | 13 | | against the prisoner sought to be so deprived of
sentence | 14 | | credits before the Prisoner Review Board as
provided in | 15 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 16 | | amount of credit at issue exceeds 30 days or
when during any 12 | 17 | | month period, the cumulative amount of
credit revoked exceeds | 18 | | 30 days except where the infraction is committed
or discovered | 19 | | within 60 days of scheduled release. In those cases,
the | 20 | | Department of Corrections may revoke up to 30 days of sentence | 21 | | credit.
The Board may subsequently approve the revocation of | 22 | | additional sentence credit, if the Department seeks to revoke | 23 | | sentence credit in
excess of 30 days. However, the Board shall | 24 | | not be empowered to review the
Department's decision with | 25 | | respect to the loss of 30 days of sentence
credit within any | 26 | | calendar year for any prisoner or to increase any penalty
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| 1 | | beyond the length requested by the Department.
| 2 | | The Director of the Department of Corrections, in | 3 | | appropriate cases, may
restore up to 30 days of sentence | 4 | | credits which have been revoked, suspended
or reduced. Any | 5 | | restoration of sentence credits in excess of 30 days shall
be | 6 | | subject to review by the Prisoner Review Board. However, the | 7 | | Board may not
restore sentence credit in excess of the amount | 8 | | requested by the Director.
| 9 | | Nothing contained in this Section shall prohibit the | 10 | | Prisoner Review Board
from ordering, pursuant to Section | 11 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 12 | | sentence imposed by the court that was not served due to the
| 13 | | accumulation of sentence credit.
| 14 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 15 | | federal court
against the State, the Department of Corrections, | 16 | | or the Prisoner Review Board,
or against any of
their officers | 17 | | or employees, and the court makes a specific finding that a
| 18 | | pleading, motion, or other paper filed by the prisoner is | 19 | | frivolous, the
Department of Corrections shall conduct a | 20 | | hearing to revoke up to
180 days of sentence credit by bringing | 21 | | charges against the prisoner
sought to be deprived of the | 22 | | sentence credits before the Prisoner Review
Board as provided | 23 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 24 | | prisoner has not accumulated 180 days of sentence credit at the
| 25 | | time of the finding, then the Prisoner Review Board may revoke | 26 | | all
sentence credit accumulated by the prisoner.
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| 1 | | For purposes of this subsection (d):
| 2 | | (1) "Frivolous" means that a pleading, motion, or other | 3 | | filing which
purports to be a legal document filed by a | 4 | | prisoner in his or her lawsuit meets
any or all of the | 5 | | following criteria:
| 6 | | (A) it lacks an arguable basis either in law or in | 7 | | fact;
| 8 | | (B) it is being presented for any improper purpose, | 9 | | such as to harass or
to cause unnecessary delay or | 10 | | needless increase in the cost of litigation;
| 11 | | (C) the claims, defenses, and other legal | 12 | | contentions therein are not
warranted by existing law | 13 | | or by a nonfrivolous argument for the extension,
| 14 | | modification, or reversal of existing law or the | 15 | | establishment of new law;
| 16 | | (D) the allegations and other factual contentions | 17 | | do not have
evidentiary
support or, if specifically so | 18 | | identified, are not likely to have evidentiary
support | 19 | | after a reasonable opportunity for further | 20 | | investigation or discovery;
or
| 21 | | (E) the denials of factual contentions are not | 22 | | warranted on the
evidence, or if specifically so | 23 | | identified, are not reasonably based on a lack
of | 24 | | information or belief.
| 25 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 26 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
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| 1 | | action under
Article X of the Code of Civil Procedure or | 2 | | under federal law (28 U.S.C. 2254),
a petition for claim | 3 | | under the Court of Claims Act, an action under the
federal | 4 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 5 | | subsequent petition for post-conviction relief under | 6 | | Article 122 of the Code of Criminal Procedure of 1963 | 7 | | whether filed with or without leave of court or a second or | 8 | | subsequent petition for relief from judgment under Section | 9 | | 2-1401 of the Code of Civil Procedure.
| 10 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 11 | | validity of Public Act 89-404.
| 12 | | (f) Whenever the Department is to release any inmate who | 13 | | has been convicted of a violation of an order of protection | 14 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, earlier than it
otherwise would | 16 | | because of a grant of sentence credit, the Department, as a | 17 | | condition of release, shall require that the person, upon | 18 | | release, be placed under electronic surveillance as provided in | 19 | | Section 5-8A-7 of this Code. | 20 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 21 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 22 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 23 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 24 | | 97-1150, eff. 1-25-13.)
| 25 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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| 1 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 2 | | use of a firearm; mandatory supervised release terms.
| 3 | | (a) Except as otherwise provided in the statute defining | 4 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 5 | | imprisonment for a felony shall be a determinate sentence set | 6 | | by
the court under this Section, according to the following | 7 | | limitations:
| 8 | | (1) for first degree murder,
| 9 | | (a) (blank),
| 10 | | (b) if a trier of fact finds beyond a reasonable
| 11 | | doubt that the murder was accompanied by exceptionally
| 12 | | brutal or heinous behavior indicative of wanton | 13 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 14 | | of this Section, that any of the aggravating factors
| 15 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 17 | | present, the court may sentence the defendant to a term | 18 | | of natural life
imprisonment, or
| 19 | | (c) the court shall sentence the defendant to a | 20 | | term of natural life
imprisonment when the death | 21 | | penalty is not imposed if the defendant,
| 22 | | (i) has previously been convicted of first | 23 | | degree murder under
any state or federal law, or
| 24 | | (ii) is a person who, at the time of the | 25 | | commission of the murder,
had attained the age of | 26 | | 17 or more and is found guilty of murdering an
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| 1 | | individual under 12 years of age; or, irrespective | 2 | | of the defendant's age at
the time of the | 3 | | commission of the offense, is found guilty of | 4 | | murdering more
than one victim, or
| 5 | | (iii) is found guilty of murdering a peace | 6 | | officer, fireman, or emergency management worker | 7 | | when
the peace officer, fireman, or emergency | 8 | | management worker was killed in the course of | 9 | | performing his
official duties, or to prevent the | 10 | | peace officer or fireman from
performing his | 11 | | official duties, or in retaliation for the peace | 12 | | officer,
fireman, or emergency management worker | 13 | | from performing his official duties, and the | 14 | | defendant knew or should
have known that the | 15 | | murdered individual was a peace officer, fireman, | 16 | | or emergency management worker, or
| 17 | | (iv) is found guilty of murdering an employee | 18 | | of an institution or
facility of the Department of | 19 | | Corrections, or any similar local
correctional | 20 | | agency, when the employee was killed in the course | 21 | | of
performing his official duties, or to prevent | 22 | | the employee from performing
his official duties, | 23 | | or in retaliation for the employee performing his
| 24 | | official duties, or
| 25 | | (v) is found guilty of murdering an emergency | 26 | | medical
technician - ambulance, emergency medical |
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| 1 | | technician - intermediate, emergency
medical | 2 | | technician - paramedic, ambulance driver or other | 3 | | medical assistance or
first aid person while | 4 | | employed by a municipality or other governmental | 5 | | unit
when the person was killed in the course of | 6 | | performing official duties or
to prevent the | 7 | | person from performing official duties or in | 8 | | retaliation
for performing official duties and the | 9 | | defendant knew or should have known
that the | 10 | | murdered individual was an emergency medical | 11 | | technician - ambulance,
emergency medical | 12 | | technician - intermediate, emergency medical
| 13 | | technician - paramedic, ambulance driver, or other | 14 | | medical
assistant or first aid personnel, or
| 15 | | (vi) is a person who, at the time of the | 16 | | commission of the murder,
had not attained the age | 17 | | of 17, and is found guilty of murdering a person | 18 | | under
12 years of age and the murder is committed | 19 | | during the course of aggravated
criminal sexual | 20 | | assault, criminal sexual assault, or aggravated | 21 | | kidnaping,
or
| 22 | | (vii) is found guilty of first degree murder | 23 | | and the murder was
committed by reason of any | 24 | | person's activity as a community policing | 25 | | volunteer
or to prevent any person from engaging in | 26 | | activity as a community policing
volunteer. For |
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| 1 | | the purpose of this Section, "community policing | 2 | | volunteer"
has the meaning ascribed to it in | 3 | | Section 2-3.5 of the Criminal Code of 2012.
| 4 | | For purposes of clause (v), "emergency medical | 5 | | technician - ambulance",
"emergency medical technician - | 6 | | intermediate", "emergency medical technician -
| 7 | | paramedic", have the meanings ascribed to them in the | 8 | | Emergency Medical
Services (EMS) Systems Act.
| 9 | | (d) (i) if the person committed the offense while | 10 | | armed with a
firearm, 15 years shall be added to | 11 | | the term of imprisonment imposed by the
court;
| 12 | | (ii) if, during the commission of the offense, | 13 | | the person
personally discharged a firearm, 20 | 14 | | years shall be added to the term of
imprisonment | 15 | | imposed by the court;
| 16 | | (iii) if, during the commission of the | 17 | | offense, the person
personally discharged a | 18 | | firearm that proximately caused great bodily harm,
| 19 | | permanent disability, permanent disfigurement, or | 20 | | death to another person, 25
years or up to a term | 21 | | of natural life shall be added to the term of
| 22 | | imprisonment imposed by the court.
| 23 | | (2) (blank);
| 24 | | (2.5) for a person convicted under the circumstances | 25 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 26 | | paragraph (3) of subsection (b) of Section 12-13, |
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| 1 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 2 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 3 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 4 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 5 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 7 | | sentence shall be a term of natural life
imprisonment.
| 8 | | (b) (Blank).
| 9 | | (c) (Blank).
| 10 | | (d) Subject to
earlier termination under Section 3-3-8, the | 11 | | parole or mandatory
supervised release term shall be written as | 12 | | part of the sentencing order and shall be as follows:
| 13 | | (1) for first degree murder or a Class X felony except | 14 | | for the offenses of predatory criminal sexual assault of a | 15 | | child, aggravated criminal sexual assault, and criminal | 16 | | sexual assault if committed on or after the effective date | 17 | | of this amendatory Act of the 94th General Assembly and | 18 | | except for the offense of aggravated child pornography | 19 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 20 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 22 | | committed on or after January 1, 2009, 3 years;
| 23 | | (2) for a Class 1 felony or a Class 2 felony except for | 24 | | the offense of criminal sexual assault if committed on or | 25 | | after the effective date of this amendatory Act of the 94th | 26 | | General Assembly and except for the offenses of manufacture |
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| 1 | | and dissemination of child pornography under clauses | 2 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012, if committed on or | 4 | | after January 1, 2009, 2 years;
| 5 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 6 | | (4) for defendants who commit the offense of predatory | 7 | | criminal sexual assault of a child, aggravated criminal | 8 | | sexual assault, or criminal sexual assault, on or after the | 9 | | effective date of this amendatory Act of the 94th General | 10 | | Assembly, or who commit the offense of aggravated child | 11 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 12 | | with sentencing under subsection (c-5) of Section 11-20.1 | 13 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 14 | | manufacture of child pornography, or dissemination of | 15 | | child pornography after January 1, 2009, the term of | 16 | | mandatory supervised release shall range from a minimum of | 17 | | 3 years to a maximum of the natural life of the defendant;
| 18 | | (5) if the victim is under 18 years of age, for a | 19 | | second or subsequent
offense of aggravated criminal sexual | 20 | | abuse or felony criminal sexual abuse,
4 years, at least | 21 | | the first 2 years of which the defendant shall serve in an
| 22 | | electronic home detention program under Article 8A of | 23 | | Chapter V of this Code;
| 24 | | (6) for a felony domestic battery, aggravated domestic | 25 | | battery, stalking, aggravated stalking, and a felony | 26 | | violation of an order of protection, 4 years ; . |
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| 1 | | (7) for unlawful use or possession of weapons by felons | 2 | | or persons in the custody of the Department of Corrections, | 3 | | being an armed habitual criminal, aggravated battery with a | 4 | | firearm, aggravated discharge of a firearm or unlawful | 5 | | possession of a firearm by a street gang member, 10 years. | 6 | | (e) (Blank).
| 7 | | (f) (Blank).
| 8 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 9 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 10 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 11 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 12 | | Section 15. The Mental Health and Developmental | 13 | | Disabilities Confidentiality Act is amended by changing | 14 | | Section 12 as follows:
| 15 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| 16 | | Sec. 12. (a) If the United States Secret Service or the | 17 | | Department of
State Police requests information from a mental | 18 | | health or developmental
disability facility, as defined in | 19 | | Section 1-107 and 1-114 of the Mental
Health and Developmental | 20 | | Disabilities Code, relating to a specific
recipient and the | 21 | | facility director determines that disclosure of such
| 22 | | information may be necessary to protect the life of, or to | 23 | | prevent
the infliction of great bodily harm to, a public | 24 | | official,
or a person under the protection of the United
States |
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| 1 | | Secret Service, only the following information
may be | 2 | | disclosed: the recipient's name, address, and age and the date | 3 | | of
any admission to or discharge from a facility; and any | 4 | | information which
would indicate whether or not the recipient | 5 | | has a history of violence or
presents a danger of violence to | 6 | | the person under protection. Any information
so disclosed shall | 7 | | be used for investigative purposes only and shall not
be | 8 | | publicly disseminated.
Any person participating in good faith | 9 | | in the disclosure of such
information in accordance with this | 10 | | provision shall have immunity from any
liability, civil, | 11 | | criminal or otherwise, if such information is disclosed
relying | 12 | | upon the representation of an officer of the United States | 13 | | Secret
Service or the Department of State Police that a person | 14 | | is under the
protection of the United States Secret Service or | 15 | | is a public official.
| 16 | | For the purpose of this subsection (a), the term "public | 17 | | official" means
the Governor, Lieutenant Governor, Attorney | 18 | | General, Secretary of State,
State Comptroller, State | 19 | | Treasurer, member of the General Assembly, member of the United | 20 | | States Congress, Judge of the United States as defined in 28 | 21 | | U.S.C. 451, Justice of the United States as defined in 28 | 22 | | U.S.C. 451, United States Magistrate Judge as defined in 28 | 23 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | 24 | | Supreme, Appellate, Circuit, or Associate Judge of the State of | 25 | | Illinois. The
term shall also include the spouse, child or | 26 | | children of a public official.
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| 1 | | (b) The Department of Human Services (acting as successor | 2 | | to the
Department of Mental Health and Developmental | 3 | | Disabilities) and all
public or private hospitals , and mental | 4 | | health facilities , physicians, clinical psychologists, and | 5 | | qualified examiners are required, as hereafter described in | 6 | | this subsection,
to furnish the Department of State Police only | 7 | | such information as may
be required for the sole purpose of | 8 | | determining whether an individual who
may be or may have been a | 9 | | patient is disqualified because of that status
from receiving | 10 | | or retaining a Firearm Owner's Identification Card under
| 11 | | subsection (e) or (f) of Section 8 of the Firearm Owners | 12 | | Identification Card
Act or 18 U.S.C. 922(g) and (n). All public | 13 | | or private hospitals , and mental health facilities , | 14 | | physicians, clinical psychologists, and qualified examiners | 15 | | shall, in the form and manner required
by the Department, | 16 | | provide such information as shall be necessary for the
| 17 | | Department to comply with the reporting requirements to the | 18 | | Department of
State Police. Such information shall be furnished | 19 | | within 48 hours 7 days after
admission to a public or private | 20 | | hospital or mental health facility or the provision of services | 21 | | to a patient described in clause (2) of this subsection (b). | 22 | | Any such information disclosed under
this subsection shall
| 23 | | remain privileged and confidential, and shall not be | 24 | | redisclosed, except as required by clause (e)(2) of Section 3.1 | 25 | | of the Firearm Owners Identification Card Act, nor utilized
for | 26 | | any other purpose. The method of requiring the providing of |
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| 1 | | such
information shall guarantee that no information is | 2 | | released beyond what
is necessary for this purpose. In | 3 | | addition, the information disclosed
shall be provided
by the | 4 | | Department within the time period established by Section 24-3 | 5 | | of the
Criminal Code of 2012 regarding the delivery of | 6 | | firearms. The method used
shall be sufficient to provide the | 7 | | necessary information within the
prescribed time period, which | 8 | | may include periodically providing
lists to the Department of | 9 | | Human Services
or any public or private hospital or mental | 10 | | health facility of Firearm Owner's Identification Card | 11 | | applicants
on which the Department or hospital shall indicate | 12 | | the identities of those
individuals who are to its knowledge | 13 | | disqualified from having a Firearm
Owner's Identification Card | 14 | | for reasons described herein. The Department
may provide for a | 15 | | centralized source
of information for the State on this subject | 16 | | under its jurisdiction.
| 17 | | Any person, institution, or agency, under this Act, | 18 | | participating in
good faith in the reporting or disclosure of | 19 | | records and communications
otherwise in accordance with this | 20 | | provision or with rules, regulations or
guidelines issued by | 21 | | the Department shall have immunity from any
liability, civil, | 22 | | criminal or otherwise, that might result by reason of the
| 23 | | action. For the purpose of any proceeding, civil or criminal,
| 24 | | arising out of a report or disclosure in accordance with this | 25 | | provision,
the good faith of any person,
institution, or agency | 26 | | so reporting or disclosing shall be presumed. The
full extent |
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| 1 | | of the immunity provided in this subsection (b) shall apply to
| 2 | | any person, institution or agency that fails to make a report | 3 | | or disclosure
in the good faith belief that the report or | 4 | | disclosure would violate
federal regulations governing the | 5 | | confidentiality of alcohol and drug abuse
patient records | 6 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| 7 | | For purposes of this subsection (b) only, the following | 8 | | terms shall have
the meaning prescribed:
| 9 | | (1) "Hospital" means only that type of institution | 10 | | which is providing
full-time residential facilities and | 11 | | treatment.
| 12 | | (2) "Patient" shall include only: (i) a person who is | 13 | | an in-patient or resident of any public or private hospital | 14 | | or mental health facility or (ii) a person who is an | 15 | | out-patient or provided services by a public or private | 16 | | hospital , or mental health facility , physician, clinical | 17 | | psychologist, or qualified examiner whose mental condition | 18 | | is of such a nature that it is manifested by violent, | 19 | | suicidal, threatening, or assaultive behavior or reported | 20 | | behavior, for which there is a reasonable belief by a | 21 | | physician, clinical psychologist, or qualified examiner | 22 | | that the condition poses a clear and present or imminent | 23 | | danger to the patient, any other person or the community | 24 | | meaning the patient's condition poses a clear and present | 25 | | danger in accordance with subsection
(f) of Section 8 of | 26 | | the Firearm Owners Identification Card Act. The terms |
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| 1 | | physician, clinical psychologist, and qualified examiner | 2 | | are defined in Sections 1-120, 1-103, and 1-122 of the | 3 | | Mental Health and Developmental Disabilities Code.
| 4 | | (3) "Mental health facility" is defined by Section | 5 | | 1-114 of the Mental Health and Developmental Disabilities | 6 | | Code.
| 7 | | (c) Upon the request of a peace officer who takes a person | 8 | | into custody
and transports such person to a mental health or | 9 | | developmental disability
facility pursuant to Section 3-606 or | 10 | | 4-404 of the Mental Health and
Developmental Disabilities Code | 11 | | or who transports a person from such facility,
a facility | 12 | | director shall furnish said peace officer the name, address, | 13 | | age
and name of the nearest relative of the person transported | 14 | | to or from the
mental health or developmental disability | 15 | | facility. In no case shall the
facility director disclose to | 16 | | the peace officer any information relating to the
diagnosis, | 17 | | treatment or evaluation of the person's mental or physical | 18 | | health.
| 19 | | For the purposes of this subsection (c), the terms "mental | 20 | | health or
developmental disability facility", "peace officer" | 21 | | and "facility director"
shall have the meanings ascribed to | 22 | | them in the Mental Health and
Developmental Disabilities Code.
| 23 | | (d) Upon the request of a peace officer or prosecuting | 24 | | authority who is
conducting a bona fide investigation of a | 25 | | criminal offense, or attempting to
apprehend a fugitive from | 26 | | justice,
a facility director may disclose whether a person is |
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| 1 | | present at the facility.
Upon request of a peace officer or | 2 | | prosecuting authority who has a valid
forcible felony warrant | 3 | | issued, a facility director shall disclose: (1) whether
the | 4 | | person who is the subject of the warrant is present at the | 5 | | facility and (2)
the
date of that person's discharge or future | 6 | | discharge from the facility.
The requesting peace officer or | 7 | | prosecuting authority must furnish a case
number and the | 8 | | purpose of the investigation or an outstanding arrest warrant | 9 | | at
the time of the request. Any person, institution, or agency
| 10 | | participating in good faith in disclosing such information in | 11 | | accordance with
this subsection (d) is immune from any | 12 | | liability, civil, criminal or
otherwise, that might result by | 13 | | reason of the action.
| 14 | | (Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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