Full Text of SB1831 94th General Assembly
SB1831 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1831
Introduced 2/25/2005, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-1 |
from Ch. 38, par. 1003-3-1 |
730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Provides that the Department of Corrections may revoke good conduct credit of prisoners only for specific rules violations that would constitute crimes if committed by persons in other than a correctional institution.
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A BILL FOR
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SB1831 |
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LRB094 11237 RLC 41966 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Legislative purpose. The purpose of this | 5 |
| amendatory Act of the 94th General Assembly is to ensure that | 6 |
| the fiscal burden on the citizens of Illinois is not | 7 |
| unnecessarily increased through an increase in the amount of | 8 |
| time served by prisoners in Illinois, beyond the terms set by | 9 |
| the General Assembly and the courts, while providing the | 10 |
| Department of Corrections appropriate tools for enforcing | 11 |
| discipline in the State's prisons and punishing prisoners who | 12 |
| violate established rules. | 13 |
| Section 5. The Unified Code of Corrections is amended by | 14 |
| changing Sections 3-3-1 and 3-6-3 as follows:
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| (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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| Sec. 3-3-1. Establishment and Appointment of Prisoner | 17 |
| Review Board.
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| (a) There shall be a Prisoner Review Board independent of | 19 |
| the Department
of Corrections which shall be:
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| (1) the paroling authority for persons sentenced under | 21 |
| the
law in effect prior to the effective date of this | 22 |
| amendatory
Act of 1977;
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| (2) the authority for hearing cases brought by the | 24 |
| Department of Corrections pursuant to subsection (c) of | 25 |
| Section 3-6-3 of this Code seeking
the board of review for | 26 |
| cases involving the revocation
of good conduct credits or a | 27 |
| suspension or reduction in the
rate of accumulating such | 28 |
| credit ;
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| (3) the board of review and recommendation for the | 30 |
| exercise
of executive clemency by the Governor;
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| (4) the authority for establishing release dates for
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| certain prisoners sentenced under the law in existence | 2 |
| prior
to the effective date of this amendatory Act of 1977, | 3 |
| in
accordance with Section 3-3-2.1 of this Code;
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| (5) the authority for setting conditions for parole and
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| mandatory supervised release under Section 5-8-1(a) of | 6 |
| this
Code, and determining whether a violation of those | 7 |
| conditions
warrant revocation of parole or mandatory | 8 |
| supervised release
or the imposition of other sanctions.
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| (b) The Board shall consist of 15 persons appointed by
the | 10 |
| Governor by and with the advice and consent of the Senate.
One | 11 |
| member of the Board shall be designated by the Governor
to be | 12 |
| Chairman and shall serve as Chairman at the pleasure of
the | 13 |
| Governor. The members of the Board shall have had at
least 5 | 14 |
| years of actual experience in the fields of penology,
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| corrections work, law enforcement, sociology, law, education,
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| social work, medicine, psychology, other behavioral sciences,
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| or a combination thereof. At least 6 members so appointed
must | 18 |
| have had at least 3 years experience in the field of
juvenile | 19 |
| matters. No more than 8 Board members may be members
of the | 20 |
| same political party.
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| Each member of the Board shall serve on a full-time basis
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| and shall not hold any other salaried public office, whether | 23 |
| elective or
appointive, nor any other office or position of | 24 |
| profit, nor engage in any
other business, employment, or | 25 |
| vocation. The Chairman of the Board shall
receive $35,000 a | 26 |
| year, or an amount set by the Compensation Review Board,
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| whichever is greater, and each other member $30,000, or an | 28 |
| amount set by the
Compensation Review Board, whichever is | 29 |
| greater.
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| (c) Notwithstanding any other provision of this Section,
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| the term of each member of the Board
who was appointed by the | 32 |
| Governor and is in office on June 30, 2003 shall
terminate at | 33 |
| the close of business on that date or when all of the successor
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| members to be appointed pursuant to this amendatory Act of the | 35 |
| 93rd General
Assembly have been appointed by the Governor, | 36 |
| whichever occurs later. As soon
as possible, the Governor shall |
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| appoint persons to fill the vacancies created
by this | 2 |
| amendatory Act.
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| Of the initial members appointed under this amendatory Act | 4 |
| of the 93rd
General Assembly, the Governor shall appoint 5 | 5 |
| members whose terms shall expire
on the third Monday
in January | 6 |
| 2005, 5 members whose terms shall expire on the
third Monday in | 7 |
| January 2007, and 5 members whose terms
shall expire on the | 8 |
| third Monday in January 2009. Their respective successors
shall | 9 |
| be appointed for terms of 6 years from the third Monday
in | 10 |
| January of the year of appointment. Each member shall
serve | 11 |
| until his successor is appointed and qualified.
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| Any member may be removed by the Governor for incompetence, | 13 |
| neglect of duty,
malfeasance or inability to serve.
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| (d) The Chairman of the Board shall be its chief executive | 15 |
| and
administrative officer. The Board may have an Executive | 16 |
| Director; if so,
the Executive Director shall be appointed by | 17 |
| the Governor with the advice and
consent of the Senate. The | 18 |
| salary and duties of the Executive Director shall
be fixed by | 19 |
| the Board.
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| (Source: P.A. 93-509, eff. 8-11-03.)
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe | 24 |
| rules
and regulations for the early release on account of | 25 |
| good
conduct of persons committed to the Department which | 26 |
| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall | 28 |
| provide, with
respect to offenses committed on or after | 29 |
| June 19, 1998, the following:
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| (i) that a prisoner who is serving a term of | 31 |
| imprisonment for first
degree murder or for the offense | 32 |
| of terrorism shall receive no good conduct
credit and | 33 |
| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt | 35 |
| to commit first
degree murder, solicitation of murder, |
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| solicitation of murder for hire,
intentional homicide | 2 |
| of an unborn child, predatory criminal sexual assault | 3 |
| of a
child, aggravated criminal sexual assault, | 4 |
| criminal sexual assault, aggravated
kidnapping, | 5 |
| aggravated battery with a firearm, heinous battery, | 6 |
| aggravated
battery of a senior citizen, or aggravated | 7 |
| battery of a child shall receive no
more than 4.5 days | 8 |
| of good conduct credit for each month of his or her | 9 |
| sentence
of imprisonment; and
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| (iii) that a prisoner serving a sentence
for home | 11 |
| invasion, armed robbery, aggravated vehicular | 12 |
| hijacking,
aggravated discharge of a firearm, or armed | 13 |
| violence with a category I weapon
or category II | 14 |
| weapon, when the court
has made and entered a finding, | 15 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 16 |
| Code, that the conduct leading to conviction for the | 17 |
| enumerated offense
resulted in great bodily harm to a | 18 |
| victim, shall receive no more than 4.5 days
of good | 19 |
| conduct credit for each month of his or her sentence of | 20 |
| imprisonment.
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| (2.1) For all offenses, other than those enumerated in | 22 |
| subdivision (a)(2)
committed on or after June 19, 1998, and | 23 |
| other than the offense of reckless
homicide as defined in | 24 |
| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 25 |
| committed on or after January 1, 1999,
or aggravated | 26 |
| driving under the influence of alcohol, other drug or | 27 |
| drugs, or
intoxicating compound or compounds, or any | 28 |
| combination thereof as defined in
subparagraph (F) of | 29 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit | 33 |
| for each day served of
his or her sentence of imprisonment | 34 |
| or recommitment under Section 3-3-9.
Each day of good | 35 |
| conduct credit shall reduce by one day the prisoner's | 36 |
| period
of imprisonment or recommitment under Section |
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| 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 3 |
| imprisonment or a
prisoner who has been sentenced to death | 4 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 6 |
| provide that
a prisoner who is serving a sentence for | 7 |
| reckless homicide as defined in
subsection (e) of Section | 8 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 9 |
| January 1, 1999, or aggravated driving under the influence | 10 |
| of alcohol,
other drug or drugs, or intoxicating compound | 11 |
| or compounds, or any combination
thereof as defined in | 12 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive | 14 |
| no more than 4.5
days of good conduct credit for each month | 15 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 17 |
| provide with
respect to the offenses of aggravated battery | 18 |
| with a machine gun or a firearm
equipped with any device or | 19 |
| attachment designed or used for silencing the
report of a | 20 |
| firearm or aggravated discharge of a machine gun or a | 21 |
| firearm
equipped with any device or attachment designed or | 22 |
| used for silencing the
report of a firearm, committed on or | 23 |
| after
July 15, 1999 ( the effective date of Public Act | 24 |
| 91-121)
this
amendatory Act of 1999 ,
that a prisoner | 25 |
| serving a sentence for any of these offenses shall receive | 26 |
| no
more than 4.5 days of good conduct credit for each month | 27 |
| of his or her sentence
of imprisonment.
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| (2.5) The rules and regulations on early release shall | 29 |
| provide that a
prisoner who is serving a sentence for | 30 |
| aggravated arson committed on or after
July 27, 2001 ( the | 31 |
| effective date of Public Act 92-176)
this
amendatory Act of | 32 |
| the 92nd 93rd General Assembly shall receive no more than
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| 4.5 days of good conduct credit for each month of his or | 34 |
| her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good |
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| conduct
credit for meritorious service in specific | 2 |
| instances as the
Director deems proper; except that no more | 3 |
| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence | 5 |
| for
conviction of first degree murder, reckless homicide | 6 |
| while under the
influence of alcohol or any other drug,
or | 7 |
| aggravated driving under the influence of alcohol, other | 8 |
| drug or drugs, or
intoxicating compound or compounds, or | 9 |
| any combination thereof as defined in
subparagraph (F) of | 10 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated | 13 |
| criminal sexual assault, criminal sexual assault, deviate | 14 |
| sexual
assault, aggravated criminal sexual abuse, | 15 |
| aggravated indecent liberties
with a child, indecent | 16 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 18 |
| battery of a spouse
with a firearm, stalking, aggravated | 19 |
| stalking, aggravated battery of a child,
endangering the | 20 |
| life or health of a child, cruelty to a child, or narcotic
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| racketeering. Notwithstanding the foregoing, good conduct | 22 |
| credit for
meritorious service shall not be awarded on a
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| sentence of imprisonment imposed for conviction of: (i) one | 24 |
| of the offenses
enumerated in subdivision (a)(2) when the | 25 |
| offense is committed on or after
June 19, 1998, (ii) | 26 |
| reckless homicide as
defined in subsection (e) of Section | 27 |
| 9-3 of the Criminal Code of 1961 when
the offense is | 28 |
| committed on or after January 1, 1999,
or aggravated | 29 |
| driving under the influence of alcohol, other drug or | 30 |
| drugs, or
intoxicating compound or compounds, or any | 31 |
| combination thereof as defined in
subparagraph (F) of | 32 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, (iii) one of the offenses enumerated | 34 |
| in subdivision
(a)(2.4) when the offense is committed on or | 35 |
| after
July 15, 1999 ( the effective date of Public Act | 36 |
| 91-121)
this
amendatory Act of 1999 ,
or (iv) aggravated |
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| arson when the offense is committed
on or after July 27, | 2 |
| 2001 ( the effective date of Public Act 92-176)
this | 3 |
| amendatory Act of the 92nd 93rd General Assembly .
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| (4) The rules and regulations shall also provide that | 5 |
| the good conduct
credit accumulated and retained under | 6 |
| paragraph (2.1) of subsection (a) of
this Section by any | 7 |
| inmate during specific periods of time in which such
inmate | 8 |
| is engaged full-time in substance abuse programs, | 9 |
| correctional
industry assignments, or educational programs | 10 |
| provided by the Department
under this paragraph (4) and | 11 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 13 |
| multiplied by a factor
of 1.25 for program participation | 14 |
| before August 11, 1993
and 1.50 for program participation | 15 |
| on or after that date.
However, no inmate shall be eligible | 16 |
| for the additional good conduct credit
under this paragraph | 17 |
| (4) while assigned to a boot camp, mental health unit,
or | 18 |
| electronic detention, or if convicted of an offense | 19 |
| enumerated in
paragraph (a)(2) of this Section that is | 20 |
| committed on or after June 19,
1998, or if convicted of | 21 |
| reckless homicide as defined in subsection (e) of
Section | 22 |
| 9-3 of the Criminal Code of 1961 if the offense is | 23 |
| committed on or
after January 1, 1999,
or aggravated | 24 |
| driving under the influence of alcohol, other drug or | 25 |
| drugs, or
intoxicating compound or compounds, or any | 26 |
| combination thereof as defined in
subparagraph (F) of | 27 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense | 29 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 30 |
| committed on or after
July 15, 1999 ( the effective date of | 31 |
| Public Act 91-121)
this
amendatory Act of 1999 ,
or first | 32 |
| degree murder, a Class X felony, criminal sexual
assault, | 33 |
| felony criminal sexual abuse, aggravated criminal sexual | 34 |
| abuse,
aggravated battery with a firearm, or any | 35 |
| predecessor or successor offenses
with the same or | 36 |
| substantially the same elements, or any inchoate offenses
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| relating to the foregoing offenses. No inmate shall be | 2 |
| eligible for the
additional good conduct credit under this | 3 |
| paragraph (4) who (i) has previously
received increased | 4 |
| good conduct credit under this paragraph (4) and has
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| subsequently been convicted of a
felony, or (ii) has | 6 |
| previously served more than one prior sentence of
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| imprisonment for a felony in an adult correctional | 8 |
| facility.
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| Educational, vocational, substance abuse and | 10 |
| correctional
industry programs under which good conduct | 11 |
| credit may be increased under
this paragraph (4) shall be | 12 |
| evaluated by the Department on the basis of
documented | 13 |
| standards. The Department shall report the results of these
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| evaluations to the Governor and the General Assembly by | 15 |
| September 30th of each
year. The reports shall include data | 16 |
| relating to the recidivism rate among
program | 17 |
| participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General | 20 |
| Assembly for these
purposes. Eligible inmates who are | 21 |
| denied immediate admission shall be
placed on a waiting | 22 |
| list under criteria established by the Department.
The | 23 |
| inability of any inmate to become engaged in any such | 24 |
| programs
by reason of insufficient program resources or for | 25 |
| any other reason
established under the rules and | 26 |
| regulations of the Department shall not be
deemed a cause | 27 |
| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the | 29 |
| inmate.
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| (4.5) The rules and regulations on early release shall | 31 |
| also provide that
a prisoner who is serving a sentence for | 32 |
| a crime committed as a result of the
use of, abuse of, or | 33 |
| addiction to alcohol or a controlled substance and the
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| crime was committed on or after September 1, 2003 ( the | 35 |
| effective date of
Public Act 93-354)
this Amendatory Act of | 36 |
| the 93rd General Assembly
shall receive no good conduct |
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| credit until he or she participates in and
completes a | 2 |
| substance abuse treatment program. Good conduct credit | 3 |
| awarded
under clauses (2), (3), and (4) of this subsection | 4 |
| (a) for crimes committed on
or after September 1, 2003
the | 5 |
| effective date of this amendatory Act of
the 93rd General | 6 |
| Assembly is subject to the provisions of this clause (4.5).
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| If the prisoner completes a substance abuse treatment | 8 |
| program, the Department
may award good conduct credit for | 9 |
| the time spent in treatment. Availability of
substance | 10 |
| abuse treatment shall be subject to the limits of fiscal | 11 |
| resources
appropriated by the General Assembly for these | 12 |
| purposes. If treatment is not
available, the prisoner shall | 13 |
| be placed on a waiting list under criteria
established by | 14 |
| the Department. The Department may require a prisoner | 15 |
| placed on
a waiting list to attend a substance abuse | 16 |
| education class or attend substance
abuse self-help | 17 |
| meetings. A prisoner may not lose good conduct credit as a
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| result of being placed on a waiting list. A prisoner placed | 19 |
| on a waiting list
remains eligible for increased good | 20 |
| conduct credit for participation in an
educational, | 21 |
| vocational, or correctional industry program under clause | 22 |
| (4) of
subsection (a) of this Section.
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| (5) Whenever the Department is to release any inmate | 24 |
| earlier than it
otherwise would because of a grant of good | 25 |
| conduct credit for meritorious
service given at any time | 26 |
| during the term, the Department shall give
reasonable | 27 |
| advance notice of the impending release to the State's
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| Attorney of the county where the prosecution of the inmate | 29 |
| took place.
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| (b) Whenever a person is or has been committed under
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
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| for revoking good conduct credit earned and retained pursuant | 36 |
| to paragraph (2.1) of subsection (a) , or suspending or reducing
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| the rate of accumulation of good conduct credit for specific
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| rule violations, during imprisonment that would constitute | 3 |
| crimes if committed by persons in other than a correctional | 4 |
| institution . These rules and regulations
shall provide that no | 5 |
| inmate may be penalized more than one
year of good conduct | 6 |
| credit for any one infraction.
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| When the Department seeks to revoke , suspend or reduce
the | 8 |
| rate of accumulation of any good conduct credits for
an alleged | 9 |
| infraction of its rules, it shall bring charges
therefor | 10 |
| against the prisoner sought to be so deprived of
good conduct | 11 |
| credits before the Prisoner Review Board as
provided in | 12 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 13 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 14 |
| month period, the cumulative amount of
credit revoked exceeds | 15 |
| 30 days except where the infraction is committed
or discovered | 16 |
| within 60 days of scheduled release. In those cases,
the | 17 |
| Department of Corrections may revoke up to 30 days of good | 18 |
| conduct credit.
The Board may subsequently approve the | 19 |
| revocation of additional good
conduct credit, if the Department | 20 |
| seeks to revoke good conduct credit in
excess of 30 days. | 21 |
| However, the Board shall not be empowered to review the
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| Department's decision with respect to the loss of 30 days of | 23 |
| good conduct
credit within any calendar year for any prisoner | 24 |
| or to increase any penalty
beyond the length requested by the | 25 |
| Department.
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| The Director of the Department of Corrections, in | 27 |
| appropriate cases, may
restore up to 30 days good conduct | 28 |
| credits which have been revoked, suspended
or reduced. Any | 29 |
| restoration of good conduct credits in excess of 30 days shall
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| be subject to review by the Prisoner Review Board. However, the | 31 |
| Board may not
restore good conduct credit in excess of the | 32 |
| amount requested by the Director.
| 33 |
| Nothing contained in this Section shall prohibit the | 34 |
| Prisoner Review Board
from ordering, pursuant to Section | 35 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 36 |
| sentence imposed by the court that was not served due to the
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| accumulation of good conduct credit.
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| (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
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| 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 good conduct credit by | 9 |
| bringing charges against the prisoner
sought to be deprived of | 10 |
| the good conduct credits before the Prisoner Review
Board as | 11 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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| If the prisoner has not accumulated 180 days of good conduct | 13 |
| credit at the
time of the finding, then the Prisoner Review | 14 |
| Board may revoke all
good conduct credit accumulated by the | 15 |
| prisoner.
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| For purposes of this subsection (d):
| 17 |
| (1) "Frivolous" means that a pleading, motion, or other | 18 |
| filing which
purports to be a legal document filed by a | 19 |
| prisoner in his or her lawsuit meets
any or all of the | 20 |
| following criteria:
| 21 |
| (A) it lacks an arguable basis either in law or in | 22 |
| fact;
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| (B) it is being presented for any improper purpose, | 24 |
| such as to harass or
to cause unnecessary delay or | 25 |
| needless increase in the cost of litigation;
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| (C) the claims, defenses, and other legal | 27 |
| contentions therein are not
warranted by existing law | 28 |
| or by a nonfrivolous argument for the extension,
| 29 |
| modification, or reversal of existing law or the | 30 |
| establishment of new law;
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| (D) the allegations and other factual contentions | 32 |
| do not have
evidentiary
support or, if specifically so | 33 |
| identified, are not likely to have evidentiary
support | 34 |
| after a reasonable opportunity for further | 35 |
| investigation or discovery;
or
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| (E) the denials of factual contentions are not |
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| warranted on the
evidence, or if specifically so | 2 |
| identified, are not reasonably based on a lack
of | 3 |
| information or belief.
| 4 |
| (2) "Lawsuit" means a petition for post-conviction | 5 |
| relief under Article
122 of the Code of Criminal Procedure | 6 |
| of 1963, a motion pursuant to Section
116-3 of the Code of | 7 |
| Criminal Procedure of 1963, a habeas corpus action under
| 8 |
| Article X of the Code of Civil Procedure or under federal | 9 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 10 |
| of Claims Act or an action under the
federal Civil Rights | 11 |
| Act (42 U.S.C. 1983).
| 12 |
| (e) Nothing in Public Act 90-592 or 90-593
this amendatory | 13 |
| Act of
1998 affects the validity of Public Act 89-404.
| 14 |
| (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | 15 |
| 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
|
|