Illinois General Assembly - Full Text of HB3659
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Full Text of HB3659  102nd General Assembly

HB3659ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 2/22/2022

 

 


 

 


 
10200HB3659ham001LRB102 15057 RLC 36289 a

1
AMENDMENT TO HOUSE BILL 3659

2    AMENDMENT NO. ______. Amend House Bill 3659 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing 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
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded 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
4    community, or service to the State.
5    (2) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide, with respect to offenses listed in clause (i),
8(ii), or (iii) of this paragraph (2) committed on or after June
919, 1998 or with respect to the offense listed in clause (iv)
10of this paragraph (2) committed on or after June 23, 2005 (the
11effective date of Public Act 94-71) or with respect to offense
12listed in clause (vi) committed on or after June 1, 2008 (the
13effective date of Public Act 95-625) or with respect to the
14offense of being an armed habitual criminal committed on or
15after August 2, 2005 (the effective date of Public Act 94-398)
16or with respect to the offenses listed in clause (v) of this
17paragraph (2) committed on or after August 13, 2007 (the
18effective date of Public Act 95-134) or with respect to the
19offense of aggravated domestic battery committed on or after
20July 23, 2010 (the effective date of Public Act 96-1224) or
21with respect to the offense of attempt to commit terrorism
22committed on or after January 1, 2013 (the effective date of
23Public 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),
10    or (e)(4) of Section 12-3.05, heinous battery as described
11    in Section 12-4.1 or subdivision (a)(2) of Section
12    12-3.05, being an armed habitual criminal, aggravated
13    battery of a senior citizen as described in Section 12-4.6
14    or 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
17    more than 4.5 days of sentence credit for each month of his
18    or 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
22    a category I weapon or category II weapon, when the court
23    has made and entered a finding, pursuant to subsection
24    (c-1) of Section 5-4-1 of this Code, that the conduct
25    leading to conviction for the enumerated offense resulted
26    in great bodily harm to a victim, shall receive no more

 

 

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1    than 4.5 days of sentence credit for each month of his or
2    her 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
6    harm 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,
21    aggravated participation in methamphetamine
22    manufacturing, delivery of methamphetamine, possession
23    with intent to deliver methamphetamine, aggravated
24    delivery of methamphetamine, aggravated possession with
25    intent to deliver methamphetamine, methamphetamine
26    conspiracy when the substance containing the controlled

 

 

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1    substance or methamphetamine is 100 grams or more shall
2    receive no more than 7.5 days sentence credit for each
3    month of his or her sentence of imprisonment;
4        (vi) that a prisoner serving a sentence for a second
5    or subsequent offense of luring a minor shall receive no
6    more than 4.5 days of sentence credit for each month of his
7    or her sentence of imprisonment; and
8        (vii) that a prisoner serving a sentence for
9    aggravated domestic battery shall receive no more than 4.5
10    days of sentence credit for each month of his or her
11    sentence of imprisonment.
12    (2.1) For all offenses, other than those enumerated in
13subdivision (a)(2)(i), (ii), or (iii) committed on or after
14June 19, 1998 or subdivision (a)(2)(iv) committed on or after
15June 23, 2005 (the effective date of Public Act 94-71) or
16subdivision (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
19date of Public Act 95-625) or subdivision (a)(2)(vii)
20committed on or after July 23, 2010 (the effective date of
21Public Act 96-1224), and other than the offense of aggravated
22driving under the influence of alcohol, other drug or drugs,
23or intoxicating compound or compounds, or any combination
24thereof as defined in subparagraph (F) of paragraph (1) of
25subsection (d) of Section 11-501 of the Illinois Vehicle Code,
26and other than the offense of aggravated driving under the

 

 

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1influence of alcohol, other drug or drugs, or intoxicating
2compound or compounds, or any combination thereof as defined
3in subparagraph (C) of paragraph (1) of subsection (d) of
4Section 11-501 of the Illinois Vehicle Code committed on or
5after January 1, 2011 (the effective date of Public Act
696-1230), the rules and regulations shall provide that a
7prisoner who is serving a term of imprisonment shall receive
8one day of sentence credit for each day of his or her sentence
9of imprisonment or recommitment under Section 3-3-9. Each day
10of sentence credit shall reduce by one day the prisoner's
11period of imprisonment or recommitment under Section 3-3-9.
12    (2.2) A prisoner serving a term of natural life
13imprisonment or a prisoner who has been sentenced to death
14shall receive no sentence credit.
15    (2.3) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide that a prisoner who is serving a sentence for
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof as defined in subparagraph (F) of
21paragraph (1) of subsection (d) of Section 11-501 of the
22Illinois Vehicle Code, shall receive no more than 4.5 days of
23sentence credit for each month of his or her sentence of
24imprisonment.
25    (2.4) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations on sentence credit

 

 

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1shall provide with respect to the offenses of aggravated
2battery with a machine gun or a firearm equipped with any
3device or attachment designed or used for silencing the report
4of a firearm or aggravated discharge of a machine gun or a
5firearm equipped with any device or attachment designed or
6used for silencing the report of a firearm, committed on or
7after July 15, 1999 (the effective date of Public Act 91-121),
8that a prisoner serving a sentence for any of these offenses
9shall receive no more than 4.5 days of sentence credit for each
10month of his or her sentence of imprisonment.
11    (2.5) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated arson committed on or after July 27, 2001 (the
15effective date of Public Act 92-176) shall receive no more
16than 4.5 days of sentence credit for each month of his or her
17sentence of imprisonment.
18    (2.6) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide that a prisoner who is serving a sentence for
21aggravated driving under the influence of alcohol, other drug
22or drugs, or intoxicating compound or compounds or any
23combination thereof as defined in subparagraph (C) of
24paragraph (1) of subsection (d) of Section 11-501 of the
25Illinois Vehicle Code committed on or after January 1, 2011
26(the effective date of Public Act 96-1230) shall receive no

 

 

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1more than 4.5 days of sentence credit for each month of his or
2her sentence of imprisonment.
3    (3) In addition to the sentence credits earned under
4paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
5subsection (a), the rules and regulations shall also provide
6that the Director may award up to 180 days of earned sentence
7credit for prisoners serving a sentence of incarceration of
8less than 5 years, and up to 365 days of earned sentence credit
9for prisoners serving a sentence of 5 years or longer. The
10Director may grant this credit for good conduct in specific
11instances as the Director deems proper. The good conduct may
12include, but is not limited to, compliance with the rules and
13regulations of the Department, service to the Department,
14service to a community, or service to the State.
15    Eligible inmates for an award of earned sentence credit
16under this paragraph (3) may be selected to receive the credit
17at the Director's or his or her designee's sole discretion.
18Eligibility for the additional earned sentence credit under
19this paragraph (3) may be based on, but is not limited to,
20participation in programming offered by the Department as
21appropriate for the prisoner based on the results of any
22available risk/needs assessment or other relevant assessments
23or evaluations administered by the Department using a
24validated instrument, the circumstances of the crime,
25demonstrated commitment to rehabilitation by a prisoner with a
26history of conviction for a forcible felony enumerated in

 

 

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1Section 2-8 of the Criminal Code of 2012, the inmate's
2behavior and improvements in disciplinary history while
3incarcerated, and the inmate's commitment to rehabilitation,
4including participation in programming offered by the
5Department.
6    The Director shall not award sentence credit under this
7paragraph (3) to an inmate unless the inmate has served a
8minimum of 60 days of the sentence, including time served in a
9county jail; except nothing in this paragraph shall be
10construed to permit the Director to extend an inmate's
11sentence beyond that which was imposed by the court. Prior to
12awarding credit under this paragraph (3), the Director shall
13make a written determination that the inmate:
14        (A) is eligible for the earned sentence credit;
15        (B) has served a minimum of 60 days, or as close to 60
16    days as the sentence will allow;
17        (B-1) has received a risk/needs assessment or other
18    relevant evaluation or assessment administered by the
19    Department using a validated instrument; and
20        (C) has met the eligibility criteria established by
21    rule for earned sentence credit.
22    The Director shall determine the form and content of the
23written determination required in this subsection.
24    (3.5) The Department shall provide annual written reports
25to the Governor and the General Assembly on the award of earned
26sentence credit no later than February 1 of each year. The

 

 

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1Department must publish both reports on its website within 48
2hours of transmitting the reports to the Governor and the
3General Assembly. The reports must include:
4        (A) the number of inmates awarded earned sentence
5    credit;
6        (B) the average amount of earned sentence credit
7    awarded;
8        (C) the holding offenses of inmates awarded earned
9    sentence credit; and
10        (D) the number of earned sentence credit revocations.
11    (4)(A) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations shall also provide
13that any prisoner who is engaged full-time in substance abuse
14programs, correctional industry assignments, educational
15programs, work-release programs or activities in accordance
16with Article 13 of Chapter III of this Code, behavior
17modification programs, life skills courses, or re-entry
18planning provided by the Department under this paragraph (4)
19and satisfactorily completes the assigned program as
20determined by the standards of the Department, shall receive
21one day of sentence credit for each day in which that prisoner
22is engaged in the activities described in this paragraph. The
23rules and regulations shall also provide that sentence credit
24may be provided to an inmate who was held in pre-trial
25detention prior to his or her current commitment to the
26Department of Corrections and successfully completed a

 

 

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1full-time, 60-day or longer substance abuse program,
2educational program, behavior modification program, life
3skills course, or re-entry planning provided by the county
4department of corrections or county jail. Calculation of this
5county program credit shall be done at sentencing as provided
6in Section 5-4.5-100 of this Code and shall be included in the
7sentencing order. The rules and regulations shall also provide
8that sentence credit may be provided to an inmate who is in
9compliance with programming requirements in an adult
10transition center.
11    (B) The Department shall award sentence credit under this
12paragraph (4) accumulated prior to January 1, 2020 (the
13effective date of Public Act 101-440) in an amount specified
14in subparagraph (C) of this paragraph (4) to an inmate serving
15a sentence for an offense committed prior to June 19, 1998, if
16the Department determines that the inmate is entitled to this
17sentence credit, based upon:
18        (i) documentation provided by the Department that the
19    inmate engaged in any full-time substance abuse programs,
20    correctional industry assignments, educational programs,
21    behavior modification programs, life skills courses, or
22    re-entry planning provided by the Department under this
23    paragraph (4) and satisfactorily completed the assigned
24    program as determined by the standards of the Department
25    during the inmate's current term of incarceration; or
26        (ii) the inmate's own testimony in the form of an

 

 

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1    affidavit or documentation, or a third party's
2    documentation or testimony in the form of an affidavit
3    that the inmate likely engaged in any full-time substance
4    abuse programs, correctional industry assignments,
5    educational programs, behavior modification programs, life
6    skills courses, or re-entry planning provided by the
7    Department under paragraph (4) and satisfactorily
8    completed the assigned program as determined by the
9    standards of the Department during the inmate's current
10    term of incarceration.
11    (C) If the inmate can provide documentation that he or she
12is entitled to sentence credit under subparagraph (B) in
13excess of 45 days of participation in those programs, the
14inmate shall receive 90 days of sentence credit. If the inmate
15cannot provide documentation of more than 45 days of
16participation in those programs, the inmate shall receive 45
17days of sentence credit. In the event of a disagreement
18between the Department and the inmate as to the amount of
19credit accumulated under subparagraph (B), if the Department
20provides documented proof of a lesser amount of days of
21participation in those programs, that proof shall control. If
22the Department provides no documentary proof, the inmate's
23proof as set forth in clause (ii) of subparagraph (B) shall
24control as to the amount of sentence credit provided.
25    (D) If the inmate has been convicted of a sex offense as
26defined in Section 2 of the Sex Offender Registration Act,

 

 

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1sentencing credits under subparagraph (B) of this paragraph
2(4) shall be awarded by the Department only if the conditions
3set forth in paragraph (4.6) of subsection (a) are satisfied.
4No inmate serving a term of natural life imprisonment shall
5receive sentence credit under subparagraph (B) of this
6paragraph (4).
7    Educational, vocational, substance abuse, behavior
8modification programs, life skills courses, re-entry planning,
9and correctional industry programs under which sentence credit
10may be earned under this paragraph (4) and paragraph (4.1) of
11this subsection (a) shall be evaluated by the Department on
12the basis of documented standards. The Department shall report
13the results of these evaluations to the Governor and the
14General Assembly by September 30th of each year. The reports
15shall include data relating to the recidivism rate among
16program participants.
17    Availability of these programs shall be subject to the
18limits of fiscal resources appropriated by the General
19Assembly for these purposes. Eligible inmates who are denied
20immediate admission shall be placed on a waiting list under
21criteria established by the Department. The rules and
22regulations shall provide that a prisoner who has been placed
23on a waiting list but is transferred for non-disciplinary
24reasons before beginning a program shall receive priority
25placement on the waitlist for appropriate programs at the new
26facility. The inability of any inmate to become engaged in any

 

 

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1such programs by reason of insufficient program resources or
2for any other reason established under the rules and
3regulations of the Department shall not be deemed a cause of
4action under which the Department or any employee or agent of
5the Department shall be liable for damages to the inmate. The
6rules and regulations shall provide that a prisoner who begins
7an educational, vocational, substance abuse, work-release
8programs or activities in accordance with Article 13 of
9Chapter III of this Code, behavior modification program, life
10skills course, re-entry planning, or correctional industry
11programs but is unable to complete the program due to illness,
12disability, transfer, lockdown, or another reason outside of
13the prisoner's control shall receive prorated sentence credits
14for the days in which the prisoner did participate.
15    (4.1) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations shall also provide
17that an additional 90 days of sentence credit shall be awarded
18to any prisoner who passes high school equivalency testing
19while the prisoner is committed to the Department of
20Corrections. The sentence credit awarded under this paragraph
21(4.1) shall be in addition to, and shall not affect, the award
22of sentence credit under any other paragraph of this Section,
23but shall also be pursuant to the guidelines and restrictions
24set forth in paragraph (4) of subsection (a) of this Section.
25The sentence credit provided for in this paragraph shall be
26available only to those prisoners who have not previously

 

 

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1earned a high school diploma or a high school equivalency
2certificate. If, after an award of the high school equivalency
3testing sentence credit has been made, the Department
4determines that the prisoner was not eligible, then the award
5shall be revoked. The Department may also award 90 days of
6sentence credit to any committed person who passed high school
7equivalency testing while he or she was held in pre-trial
8detention prior to the current commitment to the Department of
9Corrections. Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations shall provide that
11an additional 120 days of sentence credit shall be awarded to
12any prisoner who obtains an associate degree while the
13prisoner is committed to the Department of Corrections,
14regardless of the date that the associate degree was obtained,
15including if prior to July 1, 2021 (the effective date of
16Public Act 101-652). The sentence credit awarded under this
17paragraph (4.1) shall be in addition to, and shall not affect,
18the award of sentence credit under any other paragraph of this
19Section, but shall also be under the guidelines and
20restrictions set forth in paragraph (4) of subsection (a) of
21this Section. The sentence credit provided for in this
22paragraph (4.1) shall be available only to those prisoners who
23have not previously earned an associate degree prior to the
24current commitment to the Department of Corrections. If, after
25an award of the associate degree sentence credit has been made
26and the Department determines that the prisoner was not

 

 

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1eligible, then the award shall be revoked. The Department may
2also award 120 days of sentence credit to any committed person
3who earned an associate degree while he or she was held in
4pre-trial detention prior to the current commitment to the
5Department of Corrections.
6    Except as provided in paragraph (4.7) of this subsection
7(a), the rules and regulations shall provide that an
8additional 180 days of sentence credit shall be awarded to any
9prisoner who obtains a bachelor's degree while the prisoner is
10committed to the Department of Corrections. The sentence
11credit awarded under this paragraph (4.1) shall be in addition
12to, and shall not affect, the award of sentence credit under
13any other paragraph of this Section, but shall also be under
14the guidelines and restrictions set forth in paragraph (4) of
15this subsection (a). The sentence credit provided for in this
16paragraph shall be available only to those prisoners who have
17not earned a bachelor's degree prior to the current commitment
18to the Department of Corrections. If, after an award of the
19bachelor's degree sentence credit has been made, the
20Department determines that the prisoner was not eligible, then
21the award shall be revoked. The Department may also award 180
22days of sentence credit to any committed person who earned a
23bachelor's degree while he or she was held in pre-trial
24detention prior to the current commitment to the Department of
25Corrections.
26    Except as provided in paragraph (4.7) of this subsection

 

 

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1(a), the rules and regulations shall provide that an
2additional 180 days of sentence credit shall be awarded to any
3prisoner who obtains a master's or professional degree while
4the prisoner is committed to the Department of Corrections.
5The sentence credit awarded under this paragraph (4.1) shall
6be in addition to, and shall not affect, the award of sentence
7credit under any other paragraph of this Section, but shall
8also be under the guidelines and restrictions set forth in
9paragraph (4) of this subsection (a). The sentence credit
10provided for in this paragraph shall be available only to
11those prisoners who have not previously earned a master's or
12professional degree prior to the current commitment to the
13Department of Corrections. If, after an award of the master's
14or professional degree sentence credit has been made, the
15Department determines that the prisoner was not eligible, then
16the award shall be revoked. The Department may also award 180
17days of sentence credit to any committed person who earned a
18master's or professional degree while he or she was held in
19pre-trial detention prior to the current commitment to the
20Department of Corrections.
21    (4.2) The rules and regulations shall also provide that
22any prisoner engaged in self-improvement programs, volunteer
23work, or work assignments that are not otherwise eligible
24activities under paragraph (4), shall receive up to 0.5 days
25of sentence credit for each day in which the prisoner is
26engaged in activities described in this paragraph.

 

 

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1    (4.5) The rules and regulations on sentence credit shall
2also provide that when the court's sentencing order recommends
3a prisoner for substance abuse treatment and the crime was
4committed on or after September 1, 2003 (the effective date of
5Public Act 93-354), the prisoner shall receive no sentence
6credit awarded under clause (3) of this subsection (a) unless
7he or she participates in and completes a substance abuse
8treatment program. The Director may waive the requirement to
9participate in or complete a substance abuse treatment program
10in specific instances if the prisoner is not a good candidate
11for a substance abuse treatment program for medical,
12programming, or operational reasons. Availability of substance
13abuse treatment shall be subject to the limits of fiscal
14resources appropriated by the General Assembly for these
15purposes. If treatment is not available and the requirement to
16participate and complete the treatment has not been waived by
17the Director, the prisoner shall be placed on a waiting list
18under criteria established by the Department. The Director may
19allow a prisoner placed on a waiting list to participate in and
20complete a substance abuse education class or attend substance
21abuse self-help meetings in lieu of a substance abuse
22treatment program. A prisoner on a waiting list who is not
23placed in a substance abuse program prior to release may be
24eligible for a waiver and receive sentence credit under clause
25(3) of this subsection (a) at the discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

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1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to
7receive treatment, but who are unable to do so due solely to
8the lack of resources on the part of the Department, may, at
9the Director's sole discretion, be awarded sentence credit at
10a rate as the Director shall determine.
11    (4.7) On or after January 1, 2018 (the effective date of
12Public Act 100-3), sentence credit under paragraph (3), (4),
13or (4.1) of this subsection (a) may be awarded to a prisoner
14who is serving a sentence for an offense described in
15paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
16on or after January 1, 2018 (the effective date of Public Act
17100-3); provided, the award of the credits under this
18paragraph (4.7) shall not reduce the sentence of the prisoner
19to less than the following amounts:
20        (i) 85% of his or her sentence if the prisoner is
21    required to serve 85% of his or her sentence; or
22        (ii) 60% of his or her sentence if the prisoner is
23    required to serve 75% of his or her sentence, except if the
24    prisoner is serving a sentence for gunrunning his or her
25    sentence shall not be reduced to less than 75%.
26        (iii) 100% of his or her sentence if the prisoner is

 

 

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1    required to serve 100% of his or her sentence.
2    (5) Whenever the Department is to release any inmate
3earlier than it otherwise would because of a grant of earned
4sentence credit under paragraph (3) of subsection (a) of this
5Section given at any time during the term, the Department
6shall give reasonable notice of the impending release not less
7than 14 days prior to the date of the release to the State's
8Attorney of the county where the prosecution of the inmate
9took place, and if applicable, the State's Attorney of the
10county into which the inmate will be released. The Department
11must also make identification information and a recent photo
12of the inmate being released accessible on the Internet by
13means of a hyperlink labeled "Community Notification of Inmate
14Early Release" on the Department's World Wide Web homepage.
15The identification information shall include the inmate's:
16name, any known alias, date of birth, physical
17characteristics, commitment offense, and county where
18conviction was imposed. The identification information shall
19be placed on the website within 3 days of the inmate's release
20and the information may not be removed until either:
21completion of the first year of mandatory supervised release
22or return of the inmate to custody of the Department.
23    (b) Whenever a person is or has been committed under
24several convictions, with separate sentences, the sentences
25shall be construed under Section 5-8-4 in granting and
26forfeiting of sentence credit.

 

 

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1    (c) (1) The Department shall prescribe rules and
2regulations for revoking sentence credit, including revoking
3sentence credit awarded under paragraph (3) of subsection (a)
4of this Section. The Department shall prescribe rules and
5regulations establishing and requiring the use of a sanctions
6matrix for revoking sentence credit. The Department shall
7prescribe rules and regulations for suspending or reducing the
8rate of accumulation of sentence credit for specific rule
9violations, during imprisonment. These rules and regulations
10shall provide that no inmate may be penalized more than one
11year of sentence credit for any one infraction.
12    (2) When the Department seeks to revoke, suspend, or
13reduce the rate of accumulation of any sentence credits for an
14alleged infraction of its rules, it shall bring charges
15therefor against the prisoner sought to be so deprived of
16sentence credits before the Prisoner Review Board as provided
17in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
18amount of credit at issue exceeds 30 days, whether from one
19infraction or cumulatively from multiple infractions arising
20out of a single event, or when, during any 12-month period, the
21cumulative amount of credit revoked exceeds 30 days except
22where the infraction is committed or discovered within 60 days
23of scheduled release. In those cases, the Department of
24Corrections may revoke up to 30 days of sentence credit. The
25Board may subsequently approve the revocation of additional
26sentence credit, if the Department seeks to revoke sentence

 

 

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1credit in excess of 30 days. However, the Board shall not be
2empowered to review the Department's decision with respect to
3the loss of 30 days of sentence credit within any calendar year
4for any prisoner or to increase any penalty beyond the length
5requested by the Department.
6    (3) The Director of the Department of Corrections, in
7appropriate cases, may restore sentence credits which have
8been revoked, suspended, or reduced. The Department shall
9prescribe rules and regulations governing the restoration of
10sentence credits. These rules and regulations shall provide
11for the automatic restoration of sentence credits following a
12period in which the prisoner maintains a record without a
13disciplinary violation.
14    Nothing contained in this Section shall prohibit the
15Prisoner Review Board from ordering, pursuant to Section
163-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
17sentence imposed by the court that was not served due to the
18accumulation of sentence credit.
19    (d) If a lawsuit is filed by a prisoner in an Illinois or
20federal court against the State, the Department of
21Corrections, or the Prisoner Review Board, or against any of
22their officers or employees, and the court makes a specific
23finding that a pleading, motion, or other paper filed by the
24prisoner is frivolous, the Department of Corrections shall
25conduct a hearing to revoke up to 180 days of sentence credit
26by bringing charges against the prisoner sought to be deprived

 

 

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1of the sentence credits before the Prisoner Review Board as
2provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
3If the prisoner has not accumulated 180 days of sentence
4credit at the time of the finding, then the Prisoner Review
5Board may revoke all sentence credit accumulated by the
6prisoner.
7    For purposes of this subsection (d):
8        (1) "Frivolous" means that a pleading, motion, or
9    other filing which purports to be a legal document filed
10    by a prisoner in his or her lawsuit meets any or all of the
11    following criteria:
12            (A) it lacks an arguable basis either in law or in
13        fact;
14            (B) it is being presented for any improper
15        purpose, such as to harass or to cause unnecessary
16        delay or needless increase in the cost of litigation;
17            (C) the claims, defenses, and other legal
18        contentions therein are not warranted by existing law
19        or by a nonfrivolous argument for the extension,
20        modification, or reversal of existing law or the
21        establishment of new law;
22            (D) the allegations and other factual contentions
23        do not have evidentiary support or, if specifically so
24        identified, are not likely to have evidentiary support
25        after a reasonable opportunity for further
26        investigation or discovery; or

 

 

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1            (E) the denials of factual contentions are not
2        warranted on the evidence, or if specifically so
3        identified, are not reasonably based on a lack of
4        information or belief.
5        (2) "Lawsuit" means a motion pursuant to Section 116-3
6    of the Code of Criminal Procedure of 1963, a habeas corpus
7    action under Article X of the Code of Civil Procedure or
8    under federal law (28 U.S.C. 2254), a petition for claim
9    under the Court of Claims Act, an action under the federal
10    Civil Rights Act (42 U.S.C. 1983), or a second or
11    subsequent petition for post-conviction relief under
12    Article 122 of the Code of Criminal Procedure of 1963
13    whether filed with or without leave of court or a second or
14    subsequent petition for relief from judgment under Section
15    2-1401 of the Code of Civil Procedure.
16    (e) Nothing in Public Act 90-592 or 90-593 affects the
17validity of Public Act 89-404.
18    (f) Whenever the Department is to release any inmate who
19has been convicted of a violation of an order of protection
20under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
21the Criminal Code of 2012, earlier than it otherwise would
22because of a grant of sentence credit, the Department, as a
23condition of release, shall require that the person, upon
24release, be placed under electronic surveillance as provided
25in Section 5-8A-7 of this Code.
26(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

 

 

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1102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)".