Full Text of SB2054 101st General Assembly
SB2054sam001 101ST GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/21/2019
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| 1 | | AMENDMENT TO SENATE BILL 2054
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2054 by replacing | 3 | | everything after the enacting clause with the following:
| 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 sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; |
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| 1 | | (B) compliance with the rules and regulations of the | 2 | | Department; or | 3 | | (C) service to the institution, service to a community, | 4 | | or service to the State. | 5 | | (2) Except as provided in this Section paragraph (4.7) of | 6 | | this subsection (a) , the rules and regulations on sentence | 7 | | credit shall provide, with
respect to offenses listed in clause | 8 | | (i), (ii), or (iii) of this paragraph (2) committed on or after | 9 | | June 19, 1998 or with respect to the offense listed in clause | 10 | | (iv) of this paragraph (2) committed on or after June 23, 2005 | 11 | | (the effective date of Public Act 94-71) or with
respect to | 12 | | offense listed in clause (vi)
committed on or after June 1, | 13 | | 2008 (the effective date of Public Act 95-625)
or with respect | 14 | | to the offense of being an armed habitual criminal committed on | 15 | | or after August 2, 2005 (the effective date of Public Act | 16 | | 94-398) or with respect to the offenses listed in clause (v) of | 17 | | this paragraph (2) committed on or after August 13, 2007 (the | 18 | | effective date of Public Act 95-134) or with respect to the | 19 | | offense of aggravated domestic battery committed on or after | 20 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 21 | | with respect to the offense of attempt to commit terrorism | 22 | | committed on or after January 1, 2013 (the effective date of | 23 | | 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 of | 26 | | terrorism shall receive no sentence
credit and shall serve |
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| 1 | | the entire
sentence imposed by the court;
| 2 | | (ii) that a prisoner serving a sentence for attempt to | 3 | | commit terrorism, attempt to commit first
degree murder, | 4 | | solicitation of murder, solicitation of murder for hire,
| 5 | | intentional homicide of an unborn child, predatory | 6 | | criminal sexual assault of a
child, aggravated criminal | 7 | | sexual assault, criminal sexual assault, aggravated
| 8 | | kidnapping, aggravated battery with a firearm as described | 9 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 10 | | (e)(4) of Section 12-3.05, heinous battery as described in | 11 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 12 | | being an armed habitual criminal, aggravated
battery of a | 13 | | senior citizen as described in Section 12-4.6 or | 14 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 15 | | battery of a child as described in Section 12-4.3 or | 16 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 17 | | than 4.5 days of sentence credit for each month of his or | 18 | | her sentence
of imprisonment;
| 19 | | (iii) that a prisoner serving a sentence
for home | 20 | | invasion, armed robbery, aggravated vehicular hijacking,
| 21 | | aggravated discharge of a firearm, or armed violence with a | 22 | | category I weapon
or category II weapon, when the court
has | 23 | | made and entered a finding, pursuant to subsection (c-1) of | 24 | | Section 5-4-1
of this Code, that the conduct leading to | 25 | | conviction for the enumerated offense
resulted in great | 26 | | bodily harm to a victim, shall receive no more than 4.5 |
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| 1 | | days
of sentence credit for each month of his or her | 2 | | sentence of imprisonment;
| 3 | | (iv) that a prisoner serving a sentence for aggravated | 4 | | discharge of a firearm, whether or not the conduct leading | 5 | | to conviction for the offense resulted in great bodily harm | 6 | | to the victim, shall receive no more than 4.5 days of | 7 | | sentence credit for each month of his or her sentence of | 8 | | imprisonment;
| 9 | | (v) that a person serving a sentence for gunrunning, | 10 | | narcotics racketeering, controlled substance trafficking, | 11 | | methamphetamine trafficking, drug-induced homicide, | 12 | | aggravated methamphetamine-related child endangerment, | 13 | | money laundering pursuant to clause (c) (4) or (5) of | 14 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 15 | | Code of 2012, or a Class X felony conviction for delivery | 16 | | of a controlled substance, possession of a controlled | 17 | | substance with intent to manufacture or deliver, | 18 | | calculated criminal drug conspiracy, criminal drug | 19 | | conspiracy, street gang criminal drug conspiracy, | 20 | | participation in methamphetamine manufacturing, aggravated | 21 | | participation in methamphetamine manufacturing, delivery | 22 | | of methamphetamine, possession with intent to deliver | 23 | | methamphetamine, aggravated delivery of methamphetamine, | 24 | | aggravated possession with intent to deliver | 25 | | methamphetamine, methamphetamine conspiracy when the | 26 | | substance containing the controlled substance or |
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| 1 | | methamphetamine is 100 grams or more shall receive no more | 2 | | than 7.5 days sentence credit for each month of his or her | 3 | | sentence of imprisonment;
| 4 | | (vi)
that a prisoner serving a sentence for a second or | 5 | | subsequent offense of luring a minor shall receive no more | 6 | | than 4.5 days of sentence credit for each month of his or | 7 | | her sentence of imprisonment; and
| 8 | | (vii) that a prisoner serving a sentence for aggravated | 9 | | domestic battery shall receive no more than 4.5 days of | 10 | | sentence credit for each month of his or her sentence of | 11 | | imprisonment. | 12 | | (2.1) For all offenses, other than those enumerated in | 13 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 14 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 15 | | June 23, 2005 (the effective date of Public Act 94-71) or | 16 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 17 | | (the effective date of Public Act 95-134)
or subdivision | 18 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 19 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 20 | | on or after July 23, 2010 (the effective date of Public Act | 21 | | 96-1224), and other than the offense of aggravated driving | 22 | | under the influence of alcohol, other drug or drugs, or
| 23 | | intoxicating compound or compounds, or any combination thereof | 24 | | as defined in
subparagraph (F) of paragraph (1) of subsection | 25 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 26 | | than the offense of aggravated driving under the influence of |
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| 1 | | alcohol,
other drug or drugs, or intoxicating compound or | 2 | | compounds, or any combination
thereof as defined in | 3 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 4 | | 11-501 of the Illinois Vehicle Code committed on or after | 5 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 6 | | rules and regulations shall
provide that a prisoner who is | 7 | | serving a term of
imprisonment shall receive one day of | 8 | | sentence credit for each day of
his or her sentence of | 9 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 10 | | sentence credit shall reduce by one day the prisoner's period
| 11 | | of imprisonment or recommitment under Section 3-3-9.
| 12 | | (2.2) A prisoner serving a term of natural life | 13 | | imprisonment or a
prisoner who has been sentenced to death | 14 | | shall receive no sentence
credit.
| 15 | | (2.3) Except as provided in this Section paragraph (4.7) of | 16 | | this subsection (a) , the rules and regulations on sentence | 17 | | credit shall provide that
a prisoner who is serving a sentence | 18 | | for aggravated driving under the influence of alcohol,
other | 19 | | drug or drugs, or intoxicating compound or compounds, or any | 20 | | combination
thereof as defined in subparagraph (F) of paragraph | 21 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 22 | | Code, shall receive no more than 4.5
days of sentence credit | 23 | | for each month of his or her sentence of
imprisonment.
| 24 | | (2.4) Except as provided in this Section paragraph (4.7) of | 25 | | this subsection (a) , the rules and regulations on sentence | 26 | | credit shall provide with
respect to the offenses of aggravated |
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| 1 | | battery with a machine gun or a firearm
equipped with any | 2 | | device or attachment designed or used for silencing the
report | 3 | | of a firearm or aggravated discharge of a machine gun or a | 4 | | firearm
equipped with any device or attachment designed or used | 5 | | for silencing the
report of a firearm, committed on or after
| 6 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 7 | | prisoner serving a sentence for any of these offenses shall | 8 | | receive no
more than 4.5 days of sentence credit for each month | 9 | | of his or her sentence
of imprisonment.
| 10 | | (2.5) Except as provided in this Section paragraph (4.7) of | 11 | | this subsection (a) , the rules and regulations on sentence | 12 | | credit shall provide that a
prisoner who is serving a sentence | 13 | | for aggravated arson committed on or after
July 27, 2001 (the | 14 | | effective date of Public Act 92-176) shall receive no more than
| 15 | | 4.5 days of sentence credit for each month of his or her | 16 | | sentence of
imprisonment.
| 17 | | (2.6) Except as provided in this Section paragraph (4.7) of | 18 | | this subsection (a) , the rules and regulations on sentence | 19 | | credit shall provide that a
prisoner who is serving a sentence | 20 | | for aggravated driving under the influence of alcohol,
other | 21 | | drug or drugs, or intoxicating compound or compounds or any | 22 | | combination
thereof as defined in subparagraph (C) of paragraph | 23 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 24 | | Code committed on or after January 1, 2011 (the effective date | 25 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 26 | | sentence credit for each month of his or her sentence of
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| 1 | | imprisonment. | 2 | | (3) In addition to the sentence credits earned under | 3 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | 4 | | the rules and regulations shall also provide that
the Director | 5 | | may award up to 180 days of earned sentence
credit for good | 6 | | conduct in specific instances as the
Director deems proper. The | 7 | | good conduct may include, but is not limited to, compliance | 8 | | with the rules and regulations of the Department, service to | 9 | | the Department, service to a community, or service to the | 10 | | State. | 11 | | Notwithstanding any provision of this Code to the contrary, | 12 | | the Director may award earned sentence credit under this | 13 | | paragraph (3) to a person who is sentenced to the Department on | 14 | | or after the effective date of this amendatory Act of the 101st | 15 | | General Assembly who is required to serve his or her entire
| 16 | | sentence imposed by the court, a person who receives no
more | 17 | | than 4.5 days of sentence credit for each month of his or her | 18 | | sentence
of imprisonment, and a person who receives no more | 19 | | than 7.5 days sentence credit for each month of his or her | 20 | | sentence of imprisonment. A person serving a term of natural | 21 | | life imprisonment may not earn sentence credit. The | 22 | | supplemental sentence credit shall be limited as follows:
| 23 | | (A) a person who is required to serve the entire
| 24 | | sentence imposed by the court may earn not more than 3 days | 25 | | sentence credit for each month of his or her sentence of | 26 | | imprisonment; |
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| 1 | | (B) a person who receives no more than 4.5 days of | 2 | | sentence credit for each month of his or her sentence of | 3 | | imprisonment may earn no more than 7.5 days sentence credit | 4 | | for each month of his or her sentence of imprisonment; and | 5 | | (C) a person who receives no more than 7.5 days | 6 | | sentence credit for each month of his or her sentence of | 7 | | imprisonment may earn no more than 12 days sentence credit | 8 | | for each month of his or her sentence of imprisonment. | 9 | | Eligible inmates for an award of earned sentence credit | 10 | | under
this paragraph (3) may be selected to receive the credit | 11 | | at
the Director's or his or her designee's sole discretion.
| 12 | | Eligibility for the additional earned sentence credit under | 13 | | this paragraph (3) shall be based on, but is not limited to, | 14 | | the results of any available risk/needs assessment or other | 15 | | relevant assessments or evaluations administered by the | 16 | | Department using a validated instrument, the circumstances of | 17 | | the crime, any history of conviction for a forcible felony | 18 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 19 | | inmate's behavior and disciplinary history while incarcerated, | 20 | | and the inmate's commitment to rehabilitation, including | 21 | | participation in programming offered by the Department. | 22 | | The Director shall not award sentence credit under this | 23 | | paragraph (3) to an inmate unless the inmate has served a | 24 | | minimum of 60 days of the sentence; except nothing in this | 25 | | paragraph shall be construed to permit the Director to extend | 26 | | an inmate's sentence beyond that which was imposed by the |
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| 1 | | court. Prior to awarding credit under this paragraph (3), the | 2 | | Director shall make a written determination that the inmate: | 3 | | (A) is eligible for the earned sentence credit; | 4 | | (B) has served a minimum of 60 days, or as close to 60 | 5 | | days as the sentence will allow; | 6 | | (B-1) has received a risk/needs assessment or other | 7 | | relevant evaluation or assessment administered by the | 8 | | Department using a validated instrument; and | 9 | | (C) has met the eligibility criteria established by | 10 | | rule for earned sentence credit. | 11 | | The Director shall determine the form and content of the | 12 | | written determination required in this subsection. | 13 | | (3.5) The Department shall provide annual written reports | 14 | | to the Governor and the General Assembly on the award of earned | 15 | | sentence credit no later than February 1 of each year. The | 16 | | Department must publish both reports on its website within 48 | 17 | | hours of transmitting the reports to the Governor and the | 18 | | General Assembly. The reports must include: | 19 | | (A) the number of inmates awarded earned sentence | 20 | | credit; | 21 | | (B) the average amount of earned sentence credit | 22 | | awarded; | 23 | | (C) the holding offenses of inmates awarded earned | 24 | | sentence credit; and | 25 | | (D) the number of earned sentence credit revocations. | 26 | | (4) Except as provided in paragraph (4.7) of this |
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| 1 | | subsection (a), the rules and regulations shall also provide | 2 | | that the sentence
credit accumulated and retained under | 3 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 4 | | during specific periods of time in which such
inmate is engaged | 5 | | full-time in substance abuse programs, correctional
industry | 6 | | assignments, educational programs, behavior modification | 7 | | programs, life skills courses, or re-entry planning provided by | 8 | | the Department
under this paragraph (4) and satisfactorily | 9 | | completes the assigned program as
determined by the standards | 10 | | of the Department, shall be multiplied by a factor
of 1.25 for | 11 | | program participation before August 11, 1993
and 1.50 for | 12 | | program participation on or after that date.
The rules and | 13 | | regulations shall also provide that sentence credit, subject to | 14 | | the same offense limits and multiplier provided in this | 15 | | paragraph, may be provided to an inmate who was held in | 16 | | pre-trial detention prior to his or her current commitment to | 17 | | the Department of Corrections and successfully completed a | 18 | | full-time, 60-day or longer substance abuse program, | 19 | | educational program, behavior modification program, life | 20 | | skills course, or re-entry planning provided by the county | 21 | | department of corrections or county jail. Calculation of this | 22 | | county program credit shall be done at sentencing as provided | 23 | | in Section 5-4.5-100 of this Code and shall be included in the | 24 | | sentencing order. However, no inmate shall be eligible for the | 25 | | additional sentence credit
under this paragraph (4) or (4.1) of | 26 | | this subsection (a) while assigned to a boot camp
or electronic |
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| 1 | | detention.
| 2 | | Educational, vocational, substance abuse, behavior | 3 | | modification programs, life skills courses, re-entry planning, | 4 | | and correctional
industry programs under which sentence credit | 5 | | may be increased under
this paragraph (4) and paragraph (4.1) | 6 | | of this subsection (a) shall be evaluated by the Department on | 7 | | the basis of
documented standards. A person serving a term of | 8 | | natural life imprisonment may not earn sentence credit. The | 9 | | Department shall report the results of these
evaluations to the | 10 | | Governor and the General Assembly by September 30th of each
| 11 | | year. The reports shall include data relating to the recidivism | 12 | | rate among
program participants.
| 13 | | Availability of these programs shall be subject to the
| 14 | | limits of fiscal resources appropriated by the General Assembly | 15 | | for these
purposes. Eligible inmates who are denied immediate | 16 | | admission shall be
placed on a waiting list under criteria | 17 | | established by the Department.
The inability of any inmate to | 18 | | become engaged in any such programs
by reason of insufficient | 19 | | program resources or for any other reason
established under the | 20 | | rules and regulations of the Department shall not be
deemed a | 21 | | cause of action under which the Department or any employee or
| 22 | | agent of the Department shall be liable for damages to the | 23 | | inmate.
| 24 | | (4.1) Except as provided in paragraph (4.7) of this | 25 | | subsection (a), the rules and regulations shall also provide | 26 | | that an additional 90 days of sentence credit shall be awarded |
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| 1 | | to any prisoner who passes high school equivalency testing | 2 | | while the prisoner is committed to the Department of | 3 | | Corrections. The sentence credit awarded under this paragraph | 4 | | (4.1) shall be in addition to, and shall not affect, the award | 5 | | of sentence credit under any other paragraph of this Section, | 6 | | but shall also be pursuant to the guidelines and restrictions | 7 | | set forth in paragraph (4) of subsection (a) of this Section.
| 8 | | The sentence credit provided for in this paragraph shall be | 9 | | available only to those prisoners who have not previously | 10 | | earned a high school diploma or a high school equivalency | 11 | | certificate. If, after an award of the high school equivalency | 12 | | testing sentence credit has been made, the Department | 13 | | determines that the prisoner was not eligible, then the award | 14 | | shall be revoked.
The Department may also award 90 days of | 15 | | sentence credit to any committed person who passed high school | 16 | | equivalency testing while he or she was held in pre-trial | 17 | | detention prior to the current commitment to the Department of | 18 | | Corrections. A person serving a term of natural life | 19 | | imprisonment may not earn sentence credit. | 20 | | (4.5) The rules and regulations on sentence credit shall | 21 | | also provide that
when the court's sentencing order recommends | 22 | | a prisoner for substance abuse treatment and the
crime was | 23 | | committed on or after September 1, 2003 (the effective date of
| 24 | | Public Act 93-354), the prisoner shall receive no sentence | 25 | | credit awarded under clause (3) of this subsection (a) unless | 26 | | he or she participates in and
completes a substance abuse |
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| 1 | | treatment program. The Director may waive the requirement to | 2 | | participate in or complete a substance abuse treatment program | 3 | | in specific instances if the prisoner is not a good candidate | 4 | | for a substance abuse treatment program for medical, | 5 | | programming, or operational reasons. Availability of
substance | 6 | | abuse treatment shall be subject to the limits of fiscal | 7 | | resources
appropriated by the General Assembly for these | 8 | | purposes. If treatment is not
available and the requirement to | 9 | | participate and complete the treatment has not been waived by | 10 | | the Director, the prisoner shall be placed on a waiting list | 11 | | under criteria
established by the Department. The Director may | 12 | | allow a prisoner placed on
a waiting list to participate in and | 13 | | complete a substance abuse education class or attend substance
| 14 | | abuse self-help meetings in lieu of a substance abuse treatment | 15 | | program. A prisoner on a waiting list who is not placed in a | 16 | | substance abuse program prior to release may be eligible for a | 17 | | waiver and receive sentence credit under clause (3) of this | 18 | | subsection (a) at the discretion of the Director.
| 19 | | (4.6) The rules and regulations on sentence credit shall | 20 | | also provide that a prisoner who has been convicted of a sex | 21 | | offense as defined in Section 2 of the Sex Offender | 22 | | Registration Act shall receive no sentence credit unless he or | 23 | | she either has successfully completed or is participating in | 24 | | sex offender treatment as defined by the Sex Offender | 25 | | Management Board. However, prisoners who are waiting to receive | 26 | | treatment, but who are unable to do so due solely to the lack |
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| 1 | | of resources on the part of the Department, may, at the | 2 | | Director's sole discretion, be awarded sentence credit at a | 3 | | rate as the Director shall determine. | 4 | | (4.7) On or after the effective date of this amendatory Act | 5 | | of the 100th General Assembly, sentence credit under paragraph | 6 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 7 | | prisoner who is serving a sentence for an offense described in | 8 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 9 | | on or after the effective date of this amendatory Act of the | 10 | | 100th General Assembly; provided, the award of the credits | 11 | | under this paragraph (4.7) shall not reduce the sentence of the | 12 | | prisoner to less than the following amounts: | 13 | | (i) 75% 85% of his or her sentence if the prisoner is | 14 | | required to serve 85% of his or her sentence; or | 15 | | (ii) 60% of his or her sentence if the prisoner is | 16 | | required to serve 75% of his or her sentence, except if the | 17 | | prisoner is serving a sentence for gunrunning his or her | 18 | | sentence shall not be reduced to less than 75% ; or . | 19 | | (iii) 90% of his or her sentence if the prisoner is | 20 | | required to serve 100% of his or her sentence. | 21 | | This paragraph (4.7) shall not apply to a prisoner serving | 22 | | a sentence for an offense described in subparagraph (i) of | 23 | | paragraph (2) of this subsection (a). | 24 | | (5) Whenever the Department is to release any inmate | 25 | | earlier than it
otherwise would because of a grant of earned | 26 | | sentence credit under paragraph (3) of subsection (a) of this |
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| 1 | | Section given at any time during the term, the Department shall | 2 | | give
reasonable notice of the impending release not less than | 3 | | 14 days prior to the date of the release to the State's
| 4 | | Attorney of the county where the prosecution of the inmate took | 5 | | place, and if applicable, the State's Attorney of the county | 6 | | into which the inmate will be released. The Department must | 7 | | also make identification information and a recent photo of the | 8 | | inmate being released accessible on the Internet by means of a | 9 | | hyperlink labeled "Community Notification of Inmate Early | 10 | | Release" on the Department's World Wide Web homepage.
The | 11 | | identification information shall include the inmate's: name, | 12 | | any known alias, date of birth, physical characteristics, | 13 | | commitment offense and county where conviction was imposed. The | 14 | | identification information shall be placed on the website | 15 | | within 3 days of the inmate's release and the information may | 16 | | not be removed until either: completion of the first year of | 17 | | mandatory supervised release or return of the inmate to custody | 18 | | of the Department.
| 19 | | (b) Whenever a person is or has been committed under
| 20 | | several convictions, with separate sentences, the sentences
| 21 | | shall be construed under Section 5-8-4 in granting and
| 22 | | forfeiting of sentence credit.
| 23 | | (c) The Department shall prescribe rules and regulations
| 24 | | for revoking sentence credit, including revoking sentence | 25 | | credit awarded under paragraph (3) of subsection (a) of this | 26 | | Section. The Department shall prescribe rules and regulations |
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| 1 | | for suspending or reducing
the rate of accumulation of sentence | 2 | | credit for specific
rule violations, during imprisonment. | 3 | | These rules and regulations
shall provide that no inmate may be | 4 | | penalized more than one
year of sentence credit for any one | 5 | | infraction.
| 6 | | When the Department seeks to revoke, suspend or reduce
the | 7 | | rate of accumulation of any sentence credits for
an alleged | 8 | | infraction of its rules, it shall bring charges
therefor | 9 | | against the prisoner sought to be so deprived of
sentence | 10 | | credits before the Prisoner Review Board as
provided in | 11 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 12 | | amount of credit at issue exceeds 30 days or
when during any 12 | 13 | | month period, the cumulative amount of
credit revoked exceeds | 14 | | 30 days except where the infraction is committed
or discovered | 15 | | within 60 days of scheduled release. In those cases,
the | 16 | | Department of Corrections may revoke up to 30 days of sentence | 17 | | credit.
The Board may subsequently approve the revocation of | 18 | | additional sentence credit, if the Department seeks to revoke | 19 | | sentence credit in
excess of 30 days. However, the Board shall | 20 | | not be empowered to review the
Department's decision with | 21 | | respect to the loss of 30 days of sentence
credit within any | 22 | | calendar year for any prisoner or to increase any penalty
| 23 | | beyond the length requested by the Department.
| 24 | | The Director of the Department of Corrections, in | 25 | | appropriate cases, may
restore up to 30 days of sentence | 26 | | credits which have been revoked, suspended
or reduced. Any |
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| 1 | | restoration of sentence credits in excess of 30 days shall
be | 2 | | subject to review by the Prisoner Review Board. However, the | 3 | | Board may not
restore sentence credit in excess of the amount | 4 | | requested by the Director.
| 5 | | Nothing contained in this Section shall prohibit the | 6 | | Prisoner Review Board
from ordering, pursuant to Section | 7 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 8 | | sentence imposed by the court that was not served due to the
| 9 | | accumulation of sentence credit.
| 10 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 11 | | federal court
against the State, the Department of Corrections, | 12 | | or the Prisoner Review Board,
or against any of
their officers | 13 | | or employees, and the court makes a specific finding that a
| 14 | | pleading, motion, or other paper filed by the prisoner is | 15 | | frivolous, the
Department of Corrections shall conduct a | 16 | | hearing to revoke up to
180 days of sentence credit by bringing | 17 | | charges against the prisoner
sought to be deprived of the | 18 | | sentence credits before the Prisoner Review
Board as provided | 19 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 20 | | prisoner has not accumulated 180 days of sentence credit at the
| 21 | | time of the finding, then the Prisoner Review Board may revoke | 22 | | all
sentence credit accumulated by the prisoner.
| 23 | | For purposes of this subsection (d):
| 24 | | (1) "Frivolous" means that a pleading, motion, or other | 25 | | filing which
purports to be a legal document filed by a | 26 | | prisoner in his or her lawsuit meets
any or all of the |
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| 1 | | following criteria:
| 2 | | (A) it lacks an arguable basis either in law or in | 3 | | fact;
| 4 | | (B) it is being presented for any improper purpose, | 5 | | such as to harass or
to cause unnecessary delay or | 6 | | needless increase in the cost of litigation;
| 7 | | (C) the claims, defenses, and other legal | 8 | | contentions therein are not
warranted by existing law | 9 | | or by a nonfrivolous argument for the extension,
| 10 | | modification, or reversal of existing law or the | 11 | | establishment of new law;
| 12 | | (D) the allegations and other factual contentions | 13 | | do not have
evidentiary
support or, if specifically so | 14 | | identified, are not likely to have evidentiary
support | 15 | | after a reasonable opportunity for further | 16 | | investigation or discovery;
or
| 17 | | (E) the denials of factual contentions are not | 18 | | warranted on the
evidence, or if specifically so | 19 | | identified, are not reasonably based on a lack
of | 20 | | information or belief.
| 21 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 22 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 23 | | action under
Article X of the Code of Civil Procedure or | 24 | | under federal law (28 U.S.C. 2254),
a petition for claim | 25 | | under the Court of Claims Act, an action under the
federal | 26 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
| | | 10100SB2054sam001 | - 20 - | LRB101 11031 SLF 58133 a |
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| 1 | | subsequent petition for post-conviction relief under | 2 | | Article 122 of the Code of Criminal Procedure of 1963 | 3 | | whether filed with or without leave of court or a second or | 4 | | subsequent petition for relief from judgment under Section | 5 | | 2-1401 of the Code of Civil Procedure.
| 6 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 7 | | validity of Public Act 89-404.
| 8 | | (f) Whenever the Department is to release any inmate who | 9 | | has been convicted of a violation of an order of protection | 10 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, earlier than it
otherwise would | 12 | | because of a grant of sentence credit, the Department, as a | 13 | | condition of release, shall require that the person, upon | 14 | | release, be placed under electronic surveillance as provided in | 15 | | Section 5-8A-7 of this Code. | 16 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | 17 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575, | 18 | | eff. 1-8-18.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2020.".
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