Full Text of HB1132 098th General Assembly
HB1132 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1132 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning rules and regulations for early release on account of good
conduct of persons committed to the Department of Corrections.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-6-3 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 8 | | (a) (1) The Department of Corrections shall shall | 9 | | prescribe rules
and regulations for awarding and revoking | 10 | | sentence credit for persons committed to the Department | 11 | | which shall
be subject to review by the Prisoner Review | 12 | | Board.
| 13 | | (1.5) As otherwise provided by law, sentence credit may | 14 | | be awarded for the following: | 15 | | (A) successful completion of programming while in | 16 | | custody of the Department or while in custody prior to | 17 | | sentencing; | 18 | | (B) compliance with the rules and regulations of | 19 | | the Department; or | 20 | | (C) service to the institution, service to a | 21 | | community, or service to the State.
| 22 | | (2) The rules and regulations on sentence credit shall | 23 | | provide, with
respect to offenses listed in clause (i), |
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| 1 | | (ii), or (iii) of this paragraph (2) committed on or after | 2 | | June 19, 1998 or with respect to the offense listed in | 3 | | clause (iv) of this paragraph (2) committed on or after | 4 | | June 23, 2005 (the effective date of Public Act 94-71) or | 5 | | with
respect to offense listed in clause (vi)
committed on | 6 | | or after June 1, 2008 (the effective date of Public Act | 7 | | 95-625)
or with respect to the offense of being an armed | 8 | | habitual criminal committed on or after August 2, 2005 (the | 9 | | effective date of Public Act 94-398) or with respect to the | 10 | | offenses listed in clause (v) of this paragraph (2) | 11 | | committed on or after August 13, 2007 (the effective date | 12 | | of Public Act 95-134) or with respect to the offense of | 13 | | aggravated domestic battery committed on or after July 23, | 14 | | 2010 (the effective date of Public Act 96-1224) or with | 15 | | respect to the offense of attempt to commit terrorism | 16 | | committed on or after the effective date of this amendatory | 17 | | Act of the 97th General Assembly, the following:
| 18 | | (i) that a prisoner who is serving a term of | 19 | | imprisonment for first
degree murder or for the offense | 20 | | of terrorism shall receive no sentence
credit and shall | 21 | | serve the entire
sentence imposed by the court;
| 22 | | (ii) that a prisoner serving a sentence for attempt | 23 | | to commit terrorism, attempt to commit first
degree | 24 | | murder, solicitation of murder, solicitation of murder | 25 | | for hire,
intentional homicide of an unborn child, | 26 | | predatory criminal sexual assault of a
child, |
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| 1 | | aggravated criminal sexual assault, criminal sexual | 2 | | assault, aggravated
kidnapping, aggravated battery | 3 | | with a firearm as described in Section 12-4.2 or | 4 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 5 | | Section 12-3.05, heinous battery as described in | 6 | | Section 12-4.1 or subdivision (a)(2) of Section | 7 | | 12-3.05, being an armed habitual criminal, aggravated
| 8 | | battery of a senior citizen as described in Section | 9 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 10 | | aggravated battery of a child as described in Section | 11 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 12 | | receive no
more than 4.5 days of sentence credit for | 13 | | each month of his or her sentence
of imprisonment;
| 14 | | (iii) that a prisoner serving a sentence
for home | 15 | | invasion, armed robbery, aggravated vehicular | 16 | | hijacking,
aggravated discharge of a firearm, or armed | 17 | | violence with a category I weapon
or category II | 18 | | weapon, when the court
has made and entered a finding, | 19 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 20 | | Code, that the conduct leading to conviction for the | 21 | | enumerated offense
resulted in great bodily harm to a | 22 | | victim, shall receive no more than 4.5 days
of sentence | 23 | | credit for each month of his or her sentence of | 24 | | imprisonment;
| 25 | | (iv) that a prisoner serving a sentence for | 26 | | aggravated discharge of a firearm, whether or not the |
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| 1 | | conduct leading to conviction for the offense resulted | 2 | | in great bodily harm to the victim, shall receive no | 3 | | more than 4.5 days of sentence credit for each month of | 4 | | his or her sentence of imprisonment;
| 5 | | (v) that a person serving a sentence for | 6 | | gunrunning, narcotics racketeering, controlled | 7 | | substance trafficking, methamphetamine trafficking, | 8 | | drug-induced homicide, aggravated | 9 | | methamphetamine-related child endangerment, money | 10 | | laundering pursuant to clause (c) (4) or (5) of Section | 11 | | 29B-1 of the Criminal Code of 1961, or a Class X felony | 12 | | conviction for delivery of a controlled substance, | 13 | | possession of a controlled substance with intent to | 14 | | manufacture or deliver, calculated criminal drug | 15 | | conspiracy, criminal drug conspiracy, street gang | 16 | | criminal drug conspiracy, participation in | 17 | | methamphetamine manufacturing, aggravated | 18 | | participation in methamphetamine manufacturing, | 19 | | delivery of methamphetamine, possession with intent to | 20 | | deliver methamphetamine, aggravated delivery of | 21 | | methamphetamine, aggravated possession with intent to | 22 | | deliver methamphetamine, methamphetamine conspiracy | 23 | | when the substance containing the controlled substance | 24 | | or methamphetamine is 100 grams or more shall receive | 25 | | no more than 7.5 days sentence credit for each month of | 26 | | his or her sentence of imprisonment;
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| 1 | | (vi)
that a prisoner serving a sentence for a | 2 | | second or subsequent offense of luring a minor shall | 3 | | receive no more than 4.5 days of sentence credit for | 4 | | each month of his or her sentence of imprisonment; and
| 5 | | (vii) that a prisoner serving a sentence for | 6 | | aggravated domestic battery shall receive no more than | 7 | | 4.5 days of sentence credit for each month of his or | 8 | | her sentence of imprisonment.
| 9 | | (2.1) For all offenses, other than those enumerated in | 10 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 11 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 12 | | after June 23, 2005 (the effective date of Public Act | 13 | | 94-71) or subdivision (a)(2)(v) committed on or after | 14 | | August 13, 2007 (the effective date of Public Act 95-134)
| 15 | | or subdivision (a)(2)(vi) committed on or after June 1, | 16 | | 2008 (the effective date of Public Act 95-625) or | 17 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 18 | | (the effective date of Public Act 96-1224), and other than | 19 | | the offense of aggravated driving under the influence of | 20 | | alcohol, other drug or drugs, or
intoxicating compound or | 21 | | compounds, or any combination thereof as defined in
| 22 | | subparagraph (F) of paragraph (1) of subsection (d) of | 23 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 24 | | the offense of aggravated driving under the influence of | 25 | | alcohol,
other drug or drugs, or intoxicating compound or | 26 | | compounds, or any combination
thereof as defined in |
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| 1 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 2 | | Section 11-501 of the Illinois Vehicle Code committed on or | 3 | | after January 1, 2011 (the effective date of Public Act | 4 | | 96-1230),
the rules and regulations shall
provide that a | 5 | | prisoner who is serving a term of
imprisonment shall | 6 | | receive one day of sentence credit for each day of
his or | 7 | | her sentence of imprisonment or recommitment under Section | 8 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 9 | | the prisoner's period
of imprisonment or recommitment | 10 | | under Section 3-3-9.
| 11 | | (2.2) A prisoner serving a term of natural life | 12 | | imprisonment or a
prisoner who has been sentenced to death | 13 | | shall receive no sentence
credit.
| 14 | | (2.3) The rules and regulations on sentence credit | 15 | | shall provide that
a prisoner who is serving a sentence for | 16 | | aggravated driving under the influence of alcohol,
other | 17 | | drug or drugs, or intoxicating compound or compounds, or | 18 | | any combination
thereof as defined in subparagraph (F) of | 19 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 20 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 21 | | of sentence credit for each month of his or her sentence of
| 22 | | imprisonment.
| 23 | | (2.4) The rules and regulations on sentence credit | 24 | | shall provide with
respect to the offenses of aggravated | 25 | | battery with a machine gun or a firearm
equipped with any | 26 | | device or attachment designed or used for silencing the
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| 1 | | report of a firearm or aggravated discharge of a machine | 2 | | gun or a firearm
equipped with any device or attachment | 3 | | designed or used for silencing the
report of a firearm, | 4 | | committed on or after
July 15, 1999 (the effective date of | 5 | | Public Act 91-121),
that a prisoner serving a sentence for | 6 | | any of these offenses shall receive no
more than 4.5 days | 7 | | of sentence credit for each month of his or her sentence
of | 8 | | imprisonment.
| 9 | | (2.5) The rules and regulations on sentence credit | 10 | | shall provide that a
prisoner who is serving a sentence for | 11 | | aggravated arson committed on or after
July 27, 2001 (the | 12 | | effective date of Public Act 92-176) shall receive no more | 13 | | than
4.5 days of sentence credit for each month of his or | 14 | | her sentence of
imprisonment.
| 15 | | (2.6) The rules and regulations on sentence credit | 16 | | shall provide that a
prisoner who is serving a sentence for | 17 | | aggravated driving under the influence of alcohol,
other | 18 | | drug or drugs, or intoxicating compound or compounds or any | 19 | | combination
thereof as defined in subparagraph (C) of | 20 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 21 | | Illinois Vehicle Code committed on or after January 1, 2011 | 22 | | (the effective date of Public Act 96-1230) shall receive no | 23 | | more than 4.5
days of sentence credit for each month of his | 24 | | or her sentence of
imprisonment.
| 25 | | (3) The rules and regulations shall also provide that
| 26 | | the Director may award up to 180 days additional sentence
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| 1 | | credit for good conduct in specific instances as the
| 2 | | Director deems proper. The good conduct may include, but is | 3 | | not limited to, compliance with the rules and regulations | 4 | | of the Department, service to the Department, service to a | 5 | | community, or service to the State. However, the Director | 6 | | shall not award more than 90 days
of sentence credit for | 7 | | good conduct to any prisoner who is serving a sentence for
| 8 | | conviction of first degree murder, reckless homicide while | 9 | | under the
influence of alcohol or any other drug,
or | 10 | | aggravated driving under the influence of alcohol, other | 11 | | drug or drugs, or
intoxicating compound or compounds, or | 12 | | any combination thereof as defined in
subparagraph (F) of | 13 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 14 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 15 | | predatory criminal sexual assault of a child,
aggravated | 16 | | criminal sexual assault, criminal sexual assault, deviate | 17 | | sexual
assault, aggravated criminal sexual abuse, | 18 | | aggravated indecent liberties
with a child, indecent | 19 | | liberties with a child, child pornography, heinous
battery | 20 | | as described in Section 12-4.1 or subdivision (a)(2) of | 21 | | Section 12-3.05, aggravated battery of a spouse, | 22 | | aggravated battery of a spouse
with a firearm, stalking, | 23 | | aggravated stalking, aggravated battery of a child as | 24 | | described in Section 12-4.3 or subdivision (b)(1) of | 25 | | Section 12-3.05,
endangering the life or health of a child, | 26 | | or cruelty to a child. Notwithstanding the foregoing, |
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| 1 | | sentence credit for
good conduct shall not be awarded on a
| 2 | | sentence of imprisonment imposed for conviction of: (i) one | 3 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 4 | | or (iii) when the offense is committed on or after
June 19, | 5 | | 1998 or subdivision (a)(2)(iv) when the offense is | 6 | | committed on or after June 23, 2005 (the effective date of | 7 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 8 | | is committed on or after August 13, 2007 (the effective | 9 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 10 | | the offense is committed on or after June 1, 2008 (the | 11 | | effective date of Public Act 95-625) or subdivision | 12 | | (a)(2)(vii) when the offense is committed on or after July | 13 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 14 | | aggravated driving under the influence of alcohol, other | 15 | | drug or drugs, or
intoxicating compound or compounds, or | 16 | | any combination thereof as defined in
subparagraph (F) of | 17 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 18 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 19 | | in subdivision
(a)(2.4) when the offense is committed on or | 20 | | after
July 15, 1999 (the effective date of Public Act | 21 | | 91-121),
(iv) aggravated arson when the offense is | 22 | | committed
on or after July 27, 2001 (the effective date of | 23 | | Public Act 92-176), (v) offenses that may subject the | 24 | | offender to commitment under the Sexually Violent Persons | 25 | | Commitment Act, or (vi) aggravated driving under the | 26 | | influence of alcohol,
other drug or drugs, or intoxicating |
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| 1 | | compound or compounds or any combination
thereof as defined | 2 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 3 | | Section 11-501 of the Illinois Vehicle Code committed on or | 4 | | after January 1, 2011 (the effective date of Public Act | 5 | | 96-1230).
| 6 | | Eligible inmates for an award of sentence credit under
this | 7 | | paragraph (3) may be selected to receive the credit at
the | 8 | | Director's or his or her designee's sole discretion.
| 9 | | Consideration may be based on, but not limited to, any
| 10 | | available risk assessment analysis on the inmate, any history | 11 | | of conviction for violent crimes as defined by the Rights of | 12 | | Crime Victims and Witnesses Act, facts and circumstances of the | 13 | | inmate's holding offense or offenses, and the potential for | 14 | | rehabilitation. | 15 | | The Director shall not award sentence credit under this | 16 | | paragraph (3) to an inmate unless the inmate has served a | 17 | | minimum of 60 days of the sentence; except nothing in this | 18 | | paragraph shall be construed to permit the Director to extend | 19 | | an inmate's sentence beyond that which was imposed by the | 20 | | court. Prior to awarding credit under this paragraph (3), the | 21 | | Director shall make a written determination that the inmate: | 22 | | (A) is eligible for the sentence credit; | 23 | | (B) has served a minimum of 60 days, or as close to | 24 | | 60 days as the sentence will allow; and | 25 | | (C) has met the eligibility criteria established | 26 | | by rule. |
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| 1 | | The Director shall determine the form and content of | 2 | | the written determination required in this subsection. | 3 | | (3.5) The Department shall provide annual written | 4 | | reports to the Governor and the General Assembly on the | 5 | | award of sentence credit for good conduct, with the first | 6 | | report due January 1, 2014. The Department must publish | 7 | | both reports on its website within 48 hours of transmitting | 8 | | the reports to the Governor and the General Assembly. The | 9 | | reports must include: | 10 | | (A) the number of inmates awarded sentence credit | 11 | | for good conduct; | 12 | | (B) the average amount of sentence credit for good | 13 | | conduct awarded; | 14 | | (C) the holding offenses of inmates awarded | 15 | | sentence credit for good conduct; and | 16 | | (D) the number of sentence credit for good conduct | 17 | | revocations.
| 18 | | (4) The rules and regulations shall also provide that | 19 | | the sentence
credit accumulated and retained under | 20 | | paragraph (2.1) of subsection (a) of
this Section by any | 21 | | inmate during specific periods of time in which such
inmate | 22 | | is engaged full-time in substance abuse programs, | 23 | | correctional
industry assignments, educational programs, | 24 | | behavior modification programs, life skills courses, or | 25 | | re-entry planning provided by the Department
under this | 26 | | paragraph (4) and satisfactorily completes the assigned |
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| 1 | | program as
determined by the standards of the Department, | 2 | | shall be multiplied by a factor
of 1.25 for program | 3 | | participation before August 11, 1993
and 1.50 for program | 4 | | participation on or after that date.
The rules and | 5 | | regulations shall also provide that sentence credit, | 6 | | subject to the same offense limits and multiplier provided | 7 | | in this paragraph, may be provided to an inmate who was | 8 | | held in pre-trial detention prior to his or her current | 9 | | commitment to the Department of Corrections and | 10 | | successfully completed a full-time, 60-day or longer | 11 | | substance abuse program, educational program, behavior | 12 | | modification program, life skills course, or re-entry | 13 | | planning provided by the county department of corrections | 14 | | or county jail. Calculation of this county program credit | 15 | | shall be done at sentencing as provided in Section | 16 | | 5-4.5-100 of this Code and shall be included in the | 17 | | sentencing order. However, no inmate shall be eligible for | 18 | | the additional sentence credit
under this paragraph (4) or | 19 | | (4.1) of this subsection (a) while assigned to a boot camp
| 20 | | or electronic detention, or if convicted of an offense | 21 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 22 | | Section that is committed on or after June 19,
1998 or | 23 | | subdivision (a)(2)(iv) of this Section that is committed on | 24 | | or after June 23, 2005 (the effective date of Public Act | 25 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 26 | | committed on or after August 13, 2007 (the effective date |
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| 1 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 2 | | offense is committed on or after June 1, 2008 (the | 3 | | effective date of Public Act 95-625) or subdivision | 4 | | (a)(2)(vii) when the offense is committed on or after July | 5 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 6 | | convicted of aggravated driving under the influence of | 7 | | alcohol, other drug or drugs, or
intoxicating compound or | 8 | | compounds or any combination thereof as defined in
| 9 | | subparagraph (F) of paragraph (1) of subsection (d) of | 10 | | Section 11-501 of the
Illinois Vehicle Code, or if | 11 | | convicted of aggravated driving under the influence of | 12 | | alcohol,
other drug or drugs, or intoxicating compound or | 13 | | compounds or any combination
thereof as defined in | 14 | | 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), or if convicted of an offense enumerated in | 18 | | paragraph
(a)(2.4) of this Section that is committed on or | 19 | | after
July 15, 1999 (the effective date of Public Act | 20 | | 91-121),
or first degree murder, a Class X felony, criminal | 21 | | sexual
assault, felony criminal sexual abuse, aggravated | 22 | | criminal sexual abuse,
aggravated battery with a firearm as | 23 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 24 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 25 | | successor offenses
with the same or substantially the same | 26 | | elements, or any inchoate offenses
relating to the |
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| 1 | | foregoing offenses. No inmate shall be eligible for the
| 2 | | additional good conduct credit under this paragraph (4) who | 3 | | (i) has previously
received increased good conduct credit | 4 | | under this paragraph (4) and has
subsequently been | 5 | | convicted of a
felony, or (ii) has previously served more | 6 | | than one prior sentence of
imprisonment for a felony in an | 7 | | adult correctional facility.
| 8 | | Educational, vocational, substance abuse, behavior | 9 | | modification programs, life skills courses, re-entry | 10 | | planning, and correctional
industry programs under which | 11 | | sentence credit may be increased under
this paragraph (4) | 12 | | and paragraph (4.1) of this subsection (a) shall be | 13 | | evaluated by the Department on the basis of
documented | 14 | | standards. The Department shall report the results of these
| 15 | | evaluations to the Governor and the General Assembly by | 16 | | September 30th of each
year. The reports shall include data | 17 | | relating to the recidivism rate among
program | 18 | | participants.
| 19 | | Availability of these programs shall be subject to the
| 20 | | limits of fiscal resources appropriated by the General | 21 | | Assembly for these
purposes. Eligible inmates who are | 22 | | denied immediate admission shall be
placed on a waiting | 23 | | list under criteria established by the Department.
The | 24 | | inability of any inmate to become engaged in any such | 25 | | programs
by reason of insufficient program resources or for | 26 | | any other reason
established under the rules and |
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| 1 | | regulations of the Department shall not be
deemed a cause | 2 | | of action under which the Department or any employee or
| 3 | | agent of the Department shall be liable for damages to the | 4 | | inmate.
| 5 | | (4.1) The rules and regulations shall also provide that | 6 | | an additional 60 days of sentence credit shall be awarded | 7 | | to any prisoner who passes the high school level Test of | 8 | | General Educational Development (GED) while the prisoner | 9 | | is committed to the Department of Corrections. The sentence | 10 | | credit awarded under this paragraph (4.1) shall be in | 11 | | addition to, and shall not affect, the award of sentence | 12 | | credit under any other paragraph of this Section, but shall | 13 | | also be pursuant to the guidelines and restrictions set | 14 | | forth in paragraph (4) of subsection (a) of this Section.
| 15 | | The sentence credit provided for in this paragraph shall be | 16 | | available only to those prisoners who have not previously | 17 | | earned a high school diploma or a GED. If, after an award | 18 | | of the GED sentence credit has been made and the Department | 19 | | determines that the prisoner was not eligible, then the | 20 | | award shall be revoked.
The Department may also award 60 | 21 | | days of sentence credit to any committed person who passed | 22 | | the high school level Test of General Educational | 23 | | Development (GED) while he or she was held in pre-trial | 24 | | detention prior to the current commitment to the Department | 25 | | of Corrections.
| 26 | | (4.5) The rules and regulations on sentence credit |
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| 1 | | shall also provide that
when the court's sentencing order | 2 | | recommends a prisoner for substance abuse treatment and the
| 3 | | crime was committed on or after September 1, 2003 (the | 4 | | effective date of
Public Act 93-354), the prisoner shall | 5 | | receive no sentence credit awarded under clause (3) of this | 6 | | subsection (a) unless he or she participates in and
| 7 | | completes a substance abuse treatment program. The | 8 | | Director may waive the requirement to participate in or | 9 | | complete a substance abuse treatment program and award the | 10 | | sentence credit in specific instances if the prisoner is | 11 | | not a good candidate for a substance abuse treatment | 12 | | program for medical, programming, or operational reasons. | 13 | | Availability of
substance abuse treatment shall be subject | 14 | | to the limits of fiscal resources
appropriated by the | 15 | | General Assembly for these purposes. If treatment is not
| 16 | | available and the requirement to participate and complete | 17 | | the treatment has not been waived by the Director, the | 18 | | prisoner shall be placed on a waiting list under criteria
| 19 | | established by the Department. The Director may allow a | 20 | | prisoner placed on
a waiting list to participate in and | 21 | | complete a substance abuse education class or attend | 22 | | substance
abuse self-help meetings in lieu of a substance | 23 | | abuse treatment program. A prisoner on a waiting list who | 24 | | is not placed in a substance abuse program prior to release | 25 | | may be eligible for a waiver and receive sentence credit | 26 | | under clause (3) of this subsection (a) at the discretion |
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| 1 | | of the Director.
| 2 | | (4.6) The rules and regulations on sentence credit | 3 | | shall also provide that a prisoner who has been convicted | 4 | | of a sex offense as defined in Section 2 of the Sex | 5 | | Offender Registration Act shall receive no sentence credit | 6 | | unless he or she either has successfully completed or is | 7 | | participating in sex offender treatment as defined by the | 8 | | Sex Offender Management Board. However, prisoners who are | 9 | | waiting to receive treatment, but who are unable to do so | 10 | | due solely to the lack of resources on the part of the | 11 | | Department, may, at the Director's sole discretion, be | 12 | | awarded sentence credit at a rate as the Director shall | 13 | | determine.
| 14 | | (5) Whenever the Department is to release any inmate | 15 | | earlier than it
otherwise would because of a grant of | 16 | | sentence credit for good conduct under paragraph (3) of | 17 | | subsection (a) of this Section given at any time during the | 18 | | term, the Department shall give
reasonable notice of the | 19 | | impending release not less than 14 days prior to the date | 20 | | of the release to the State's
Attorney of the county where | 21 | | the prosecution of the inmate took place, and if | 22 | | applicable, the State's Attorney of the county into which | 23 | | the inmate will be released. The Department must also make | 24 | | identification information and a recent photo of the inmate | 25 | | being released accessible on the Internet by means of a | 26 | | hyperlink labeled "Community Notification of Inmate Early |
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| 1 | | Release" on the Department's World Wide Web homepage.
The | 2 | | identification information shall include the inmate's: | 3 | | name, any known alias, date of birth, physical | 4 | | characteristics, residence address, commitment offense and | 5 | | county where conviction was imposed. The identification | 6 | | information shall be placed on the website within 3 days of | 7 | | the inmate's release and the information may not be removed | 8 | | until either: completion of the first year of mandatory | 9 | | supervised release or return of the inmate to custody of | 10 | | the Department.
| 11 | | (b) Whenever a person is or has been committed under
| 12 | | several convictions, with separate sentences, the sentences
| 13 | | shall be construed under Section 5-8-4 in granting and
| 14 | | forfeiting of sentence credit.
| 15 | | (c) The Department shall prescribe rules and regulations
| 16 | | for revoking sentence credit, including revoking sentence | 17 | | credit awarded for good conduct under paragraph (3) of | 18 | | subsection (a) of this Section. The Department shall prescribe | 19 | | rules and regulations for suspending or reducing
the rate of | 20 | | accumulation of sentence credit for specific
rule violations, | 21 | | during imprisonment. These rules and regulations
shall provide | 22 | | that no inmate may be penalized more than one
year of sentence | 23 | | credit for any one infraction.
| 24 | | When the Department seeks to revoke, suspend or reduce
the | 25 | | rate of accumulation of any sentence credits for
an alleged | 26 | | infraction of its rules, it shall bring charges
therefor |
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| 1 | | against the prisoner sought to be so deprived of
sentence | 2 | | credits before the Prisoner Review Board as
provided in | 3 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 4 | | amount of credit at issue exceeds 30 days or
when during any 12 | 5 | | month period, the cumulative amount of
credit revoked exceeds | 6 | | 30 days except where the infraction is committed
or discovered | 7 | | within 60 days of scheduled release. In those cases,
the | 8 | | Department of Corrections may revoke up to 30 days of sentence | 9 | | credit.
The Board may subsequently approve the revocation of | 10 | | additional sentence credit, if the Department seeks to revoke | 11 | | sentence credit in
excess of 30 days. However, the Board shall | 12 | | not be empowered to review the
Department's decision with | 13 | | respect to the loss of 30 days of sentence
credit within any | 14 | | calendar year for any prisoner or to increase any penalty
| 15 | | beyond the length requested by the Department.
| 16 | | The Director of the Department of Corrections, in | 17 | | appropriate cases, may
restore up to 30 days of sentence | 18 | | credits which have been revoked, suspended
or reduced. Any | 19 | | restoration of sentence credits in excess of 30 days shall
be | 20 | | subject to review by the Prisoner Review Board. However, the | 21 | | Board may not
restore sentence credit in excess of the amount | 22 | | requested by the Director.
| 23 | | Nothing contained in this Section shall prohibit the | 24 | | Prisoner Review Board
from ordering, pursuant to Section | 25 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 26 | | sentence imposed by the court that was not served due to the
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| 1 | | accumulation of sentence credit.
| 2 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 3 | | federal court
against the State, the Department of Corrections, | 4 | | or the Prisoner Review Board,
or against any of
their officers | 5 | | or employees, and the court makes a specific finding that a
| 6 | | pleading, motion, or other paper filed by the prisoner is | 7 | | frivolous, the
Department of Corrections shall conduct a | 8 | | hearing to revoke up to
180 days of sentence credit by bringing | 9 | | charges against the prisoner
sought to be deprived of the | 10 | | sentence credits before the Prisoner Review
Board as provided | 11 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 12 | | prisoner has not accumulated 180 days of sentence credit at the
| 13 | | time of the finding, then the Prisoner Review Board may revoke | 14 | | all
sentence credit accumulated by the prisoner.
| 15 | | For purposes of this subsection (d):
| 16 | | (1) "Frivolous" means that a pleading, motion, or other | 17 | | filing which
purports to be a legal document filed by a | 18 | | prisoner in his or her lawsuit meets
any or all of the | 19 | | following criteria:
| 20 | | (A) it lacks an arguable basis either in law or in | 21 | | fact;
| 22 | | (B) it is being presented for any improper purpose, | 23 | | such as to harass or
to cause unnecessary delay or | 24 | | needless increase in the cost of litigation;
| 25 | | (C) the claims, defenses, and other legal | 26 | | contentions therein are not
warranted by existing law |
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| 1 | | or by a nonfrivolous argument for the extension,
| 2 | | modification, or reversal of existing law or the | 3 | | establishment of new law;
| 4 | | (D) the allegations and other factual contentions | 5 | | do not have
evidentiary
support or, if specifically so | 6 | | identified, are not likely to have evidentiary
support | 7 | | after a reasonable opportunity for further | 8 | | investigation or discovery;
or
| 9 | | (E) the denials of factual contentions are not | 10 | | warranted on the
evidence, or if specifically so | 11 | | identified, are not reasonably based on a lack
of | 12 | | information or belief.
| 13 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 14 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 15 | | action under
Article X of the Code of Civil Procedure or | 16 | | under federal law (28 U.S.C. 2254),
a petition for claim | 17 | | under the Court of Claims Act, an action under the
federal | 18 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 19 | | subsequent petition for post-conviction relief under | 20 | | Article 122 of the Code of Criminal Procedure of 1963 | 21 | | whether filed with or without leave of court or a second or | 22 | | subsequent petition for relief from judgment under Section | 23 | | 2-1401 of the Code of Civil Procedure.
| 24 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 25 | | validity of Public Act 89-404.
| 26 | | (f) Whenever the Department is to release any inmate who |
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| 1 | | has been convicted of a violation of an order of protection | 2 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961, | 3 | | earlier than it
otherwise would because of a grant of sentence | 4 | | credit, the Department, as a condition of release, shall | 5 | | require that the person, upon release, be placed under | 6 | | electronic surveillance as provided in Section 5-8A-7 of this | 7 | | Code. | 8 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 9 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 10 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 11 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 12 | | revised 8-23-12.)
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