Full Text of SB3294 99th General Assembly
SB3294eng 99TH GENERAL ASSEMBLY |
| | SB3294 Engrossed | | LRB099 20433 RLC 44932 b |
|
| 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 Sections 3-3-7, 3-6-3, and 3-14-2 as follows: | 6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 | | Sec. 3-3-7. Conditions of Parole, Mandatory Supervised | 8 | | Release, or Aftercare Release.
| 9 | | (a) The conditions of parole, aftercare release, or | 10 | | mandatory
supervised release shall be such as the Prisoner | 11 | | Review
Board deems necessary to assist the subject in leading a
| 12 | | law-abiding life. The conditions of every parole, aftercare | 13 | | release, and mandatory
supervised release are that the subject:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction
during the parole, aftercare release, or | 16 | | release term;
| 17 | | (2) refrain from possessing a firearm or other | 18 | | dangerous
weapon;
| 19 | | (3) report to an agent of the Department of Corrections | 20 | | or to the Department of Juvenile Justice;
| 21 | | (4) permit the agent or aftercare specialist to visit | 22 | | him or her at his or her home, employment,
or
elsewhere to | 23 | | the
extent necessary for the agent or aftercare specialist |
| | | SB3294 Engrossed | - 2 - | LRB099 20433 RLC 44932 b |
|
| 1 | | to discharge his or her duties;
| 2 | | (5) attend or reside in a facility established for the | 3 | | instruction or
residence
of persons on
parole, aftercare | 4 | | release, or mandatory supervised release;
| 5 | | (6) secure permission before visiting or writing a | 6 | | committed person in an
Illinois Department
of Corrections | 7 | | facility;
| 8 | | (7) report all arrests to an agent of the Department of | 9 | | Corrections or to the Department of Juvenile Justice as
| 10 | | soon as
permitted by the
arresting authority but in no | 11 | | event later than 24 hours after release from
custody and | 12 | | immediately report service or notification of an order of | 13 | | protection, a civil no contact order, or a stalking no | 14 | | contact order to an agent of the Department of Corrections;
| 15 | | (7.5) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Management Board Act, the individual shall | 17 | | undergo and successfully complete
sex offender treatment | 18 | | conducted in conformance with the standards developed by
| 19 | | the Sex
Offender Management Board Act by a treatment | 20 | | provider approved by the Board;
| 21 | | (7.6) if convicted of a sex offense as defined in the | 22 | | Sex Offender
Management Board Act, refrain from residing at | 23 | | the same address or in the same condominium unit or | 24 | | apartment unit or in the same condominium complex or | 25 | | apartment complex with another person he or she knows or | 26 | | reasonably should know is a convicted sex offender or has |
| | | SB3294 Engrossed | - 3 - | LRB099 20433 RLC 44932 b |
|
| 1 | | been placed on supervision for a sex offense; the | 2 | | provisions of this paragraph do not apply to a person | 3 | | convicted of a sex offense who is placed in a Department of | 4 | | Corrections licensed transitional housing facility for sex | 5 | | offenders, or is in any facility operated or licensed by | 6 | | the Department of Children and Family Services or by the | 7 | | Department of Human Services, or is in any licensed medical | 8 | | facility;
| 9 | | (7.7) if convicted for an offense that would qualify | 10 | | the accused as a sexual predator under the Sex Offender | 11 | | Registration Act on or after January 1, 2007 (the effective | 12 | | date of Public Act 94-988), wear an approved electronic | 13 | | monitoring device as defined in Section 5-8A-2 for the | 14 | | duration of the person's parole, aftercare release, | 15 | | mandatory supervised release term, or extended mandatory | 16 | | supervised release term and if convicted for an offense of | 17 | | criminal sexual assault, aggravated criminal sexual | 18 | | assault, predatory criminal sexual assault of a child, | 19 | | criminal sexual abuse, aggravated criminal sexual abuse, | 20 | | or ritualized abuse of a child committed on or after August | 21 | | 11, 2009 (the effective date of Public Act 96-236) when the | 22 | | victim was under 18 years of age at the time of the | 23 | | commission of the offense and the defendant used force or | 24 | | the threat of force in the commission of the offense wear | 25 | | an approved electronic monitoring device as defined in | 26 | | Section 5-8A-2 that has Global Positioning System (GPS) |
| | | SB3294 Engrossed | - 4 - | LRB099 20433 RLC 44932 b |
|
| 1 | | capability for the duration of the person's parole, | 2 | | aftercare release, mandatory supervised release term, or | 3 | | extended mandatory supervised release term;
| 4 | | (7.8) if convicted for an offense committed on or after | 5 | | June 1, 2008 (the effective date of Public Act 95-464) that | 6 | | would qualify the accused as a child sex offender as | 7 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, refrain from | 9 | | communicating with or contacting, by means of the Internet, | 10 | | a person who is not related to the accused and whom the | 11 | | accused reasonably believes to be under 18 years of age; | 12 | | for purposes of this paragraph (7.8), "Internet" has the | 13 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 14 | | Code of 2012; and a person is not related to the accused if | 15 | | the person is not: (i) the spouse, brother, or sister of | 16 | | the accused; (ii) a descendant of the accused; (iii) a | 17 | | first or second cousin of the accused; or (iv) a step-child | 18 | | or adopted child of the accused;
| 19 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 20 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012, consent to search of computers, | 22 | | PDAs, cellular phones, and other devices under his or her | 23 | | control that are capable of accessing the Internet or | 24 | | storing electronic files, in order to confirm Internet | 25 | | protocol addresses reported in accordance with the Sex | 26 | | Offender Registration Act and compliance with conditions |
| | | SB3294 Engrossed | - 5 - | LRB099 20433 RLC 44932 b |
|
| 1 | | in this Act;
| 2 | | (7.10)
if convicted for an offense that would qualify | 3 | | the accused as a sex offender or sexual predator under the | 4 | | Sex Offender Registration Act on or after June 1, 2008 (the | 5 | | effective date of Public Act 95-640), not possess | 6 | | prescription drugs for erectile dysfunction;
| 7 | | (7.11) if convicted for an offense under Section 11-6, | 8 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 9 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 10 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | or any attempt to commit any of these offenses, committed | 12 | | on or after June 1, 2009 (the effective date of Public Act | 13 | | 95-983): | 14 | | (i) not access or use a computer or any other | 15 | | device with Internet capability without the prior | 16 | | written approval of the Department; | 17 | | (ii) submit to periodic unannounced examinations | 18 | | of the offender's computer or any other device with | 19 | | Internet capability by the offender's supervising | 20 | | agent, aftercare specialist, a law enforcement | 21 | | officer, or assigned computer or information | 22 | | technology specialist, including the retrieval and | 23 | | copying of all data from the computer or device and any | 24 | | internal or external peripherals and removal of such | 25 | | information, equipment, or device to conduct a more | 26 | | thorough inspection; |
| | | SB3294 Engrossed | - 6 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | offender's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a | 7 | | computer or any other device with Internet capability | 8 | | imposed by the Board, the Department or the offender's | 9 | | supervising agent or aftercare specialist; | 10 | | (7.12) if convicted of a sex offense as defined in the | 11 | | Sex Offender
Registration Act committed on or after January | 12 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 13 | | from accessing or using a social networking website as | 14 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 15 | | (7.13) if convicted of a sex offense as defined in | 16 | | Section 2 of the Sex Offender Registration Act committed on | 17 | | or after January 1, 2010 (the effective date of Public Act | 18 | | 96-362) that requires the person to register as a sex | 19 | | offender under that Act, may not knowingly use any computer | 20 | | scrub software on any computer that the sex offender uses; | 21 | | (8) obtain permission of an agent of the Department of | 22 | | Corrections or the Department of Juvenile Justice before
| 23 | | leaving the
State of Illinois;
| 24 | | (9) obtain permission of an agent of the Department of | 25 | | Corrections or the Department of Juvenile Justice before
| 26 | | changing
his or her residence or employment;
|
| | | SB3294 Engrossed | - 7 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (10) consent to a search of his or her person, | 2 | | property, or residence
under his or her
control;
| 3 | | (11) refrain from the use or possession of narcotics or | 4 | | other controlled
substances in
any form, or both, or any | 5 | | paraphernalia related to those substances and submit
to a
| 6 | | urinalysis test as instructed by a parole agent of the | 7 | | Department of
Corrections or an aftercare specialist of the | 8 | | Department of Juvenile Justice;
| 9 | | (12) not frequent places where controlled substances | 10 | | are illegally sold,
used,
distributed, or administered;
| 11 | | (13) not knowingly associate with other persons on | 12 | | parole, aftercare release, or mandatory
supervised
release | 13 | | without prior written permission of his or her parole agent | 14 | | or aftercare specialist and not
associate with
persons who | 15 | | are members of an organized gang as that term is defined in | 16 | | the
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 17 | | (14) provide true and accurate information, as it | 18 | | relates to his or her
adjustment in the
community while on | 19 | | parole, aftercare release, or mandatory supervised release | 20 | | or to his or her
conduct
while incarcerated, in response to | 21 | | inquiries by his or her parole agent or of
the
Department | 22 | | of Corrections or by his or her aftercare specialist or of | 23 | | the Department of Juvenile Justice;
| 24 | | (15) follow any specific instructions provided by the | 25 | | parole agent or aftercare specialist that
are consistent
| 26 | | with furthering conditions set and approved by the Prisoner |
| | | SB3294 Engrossed | - 8 - | LRB099 20433 RLC 44932 b |
|
| 1 | | Review Board or by
law , which may include use of an | 2 | | approved electronic monitoring device as defined in | 3 | | Section 5-8A-2 of this Code for a period not to exceed 30 | 4 | | days ,
exclusive of placement on electronic detention, to | 5 | | achieve the goals and
objectives of his
or her parole, | 6 | | aftercare release, or mandatory supervised release or to | 7 | | protect the public. These
instructions by the parole agent | 8 | | or aftercare specialist may be modified at any time, as the | 9 | | agent or aftercare specialist
deems
appropriate;
| 10 | | (16) if convicted of a sex offense as defined in | 11 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 12 | | offender is a parent or guardian of the person under 18 | 13 | | years of age present in the home and no non-familial minors | 14 | | are present, not participate in a holiday event involving | 15 | | children under 18 years of age, such as distributing candy | 16 | | or other items to children on Halloween, wearing a Santa | 17 | | Claus costume on or preceding Christmas, being employed as | 18 | | a department store Santa Claus, or wearing an Easter Bunny | 19 | | costume on or preceding Easter; | 20 | | (17) if convicted of a violation of an order of | 21 | | protection under Section 12-3.4 or Section 12-30 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 23 | | placed under electronic surveillance as provided in | 24 | | Section 5-8A-7 of this Code; | 25 | | (18) comply with the terms and conditions of an order | 26 | | of protection issued pursuant to the Illinois Domestic |
| | | SB3294 Engrossed | - 9 - | LRB099 20433 RLC 44932 b |
|
| 1 | | Violence Act of 1986; an order of protection issued by the | 2 | | court of another state, tribe, or United States territory; | 3 | | a no contact order issued pursuant to the Civil No Contact | 4 | | Order Act; or a no contact order issued pursuant to the | 5 | | Stalking No Contact Order Act; and | 6 | | (19) if convicted of a violation of the Methamphetamine | 7 | | Control and Community Protection Act, the Methamphetamine
| 8 | | Precursor Control Act, or a methamphetamine related | 9 | | offense, be: | 10 | | (A) prohibited from purchasing, possessing, or | 11 | | having under his or her control any product containing | 12 | | pseudoephedrine unless prescribed by a physician; and | 13 | | (B) prohibited from purchasing, possessing, or | 14 | | having under his or her control any product containing | 15 | | ammonium nitrate. | 16 | | (b) The Board may in addition to other conditions
require | 17 | | that the subject:
| 18 | | (1) work or pursue a course of study or vocational | 19 | | training;
| 20 | | (2) undergo medical or psychiatric treatment, or | 21 | | treatment
for drug addiction or alcoholism;
| 22 | | (3) attend or reside in a facility established for the
| 23 | | instruction or residence of persons on probation or parole;
| 24 | | (4) support his or her dependents;
| 25 | | (5) (blank);
| 26 | | (6) (blank);
|
| | | SB3294 Engrossed | - 10 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (7) (blank);
| 2 | | (7.5) if convicted for an offense committed on or after | 3 | | the effective date of this amendatory Act of the 95th | 4 | | General Assembly that would qualify the accused as a child | 5 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 7 | | from communicating with or contacting, by means of the | 8 | | Internet, a person who is related to the accused and whom | 9 | | the accused reasonably believes to be under 18 years of | 10 | | age; for purposes of this paragraph (7.5), "Internet" has | 11 | | the meaning ascribed to it in Section 16-0.1 of the | 12 | | Criminal Code of 2012; and a person is related to the | 13 | | accused if the person is: (i) the spouse, brother, or | 14 | | sister of the accused; (ii) a descendant of the accused; | 15 | | (iii) a first or second cousin of the accused; or (iv) a | 16 | | step-child or adopted child of the accused; | 17 | | (7.6) if convicted for an offense committed on or after | 18 | | June 1, 2009 (the effective date of Public Act 95-983) that | 19 | | would qualify as a sex offense as defined in the Sex | 20 | | Offender Registration Act: | 21 | | (i) not access or use a computer or any other | 22 | | device with Internet capability without the prior | 23 | | written approval of the Department; | 24 | | (ii) submit to periodic unannounced examinations | 25 | | of the offender's computer or any other device with | 26 | | Internet capability by the offender's supervising |
| | | SB3294 Engrossed | - 11 - | LRB099 20433 RLC 44932 b |
|
| 1 | | agent or aftercare specialist, a law enforcement | 2 | | officer, or assigned computer or information | 3 | | technology specialist, including the retrieval and | 4 | | copying of all data from the computer or device and any | 5 | | internal or external peripherals and removal of such | 6 | | information, equipment, or device to conduct a more | 7 | | thorough inspection; | 8 | | (iii) submit to the installation on the offender's | 9 | | computer or device with Internet capability, at the | 10 | | offender's expense, of one or more hardware or software | 11 | | systems to monitor the Internet use; and | 12 | | (iv) submit to any other appropriate restrictions | 13 | | concerning the offender's use of or access to a | 14 | | computer or any other device with Internet capability | 15 | | imposed by the Board, the Department or the offender's | 16 | | supervising agent or aftercare specialist; and
| 17 | | (8) in addition, if a minor:
| 18 | | (i) reside with his or her parents or in a foster | 19 | | home;
| 20 | | (ii) attend school;
| 21 | | (iii) attend a non-residential program for youth; | 22 | | or
| 23 | | (iv) contribute to his or her own support at home | 24 | | or in a foster
home.
| 25 | | (b-1) In addition to the conditions set forth in | 26 | | subsections (a) and (b), persons required to register as sex |
| | | SB3294 Engrossed | - 12 - | LRB099 20433 RLC 44932 b |
|
| 1 | | offenders pursuant to the Sex Offender Registration Act, upon | 2 | | release from the custody of the Illinois Department of | 3 | | Corrections or Department of Juvenile Justice, may be required | 4 | | by the Board to comply with the following specific conditions | 5 | | of release: | 6 | | (1) reside only at a Department approved location; | 7 | | (2) comply with all requirements of the Sex Offender | 8 | | Registration Act;
| 9 | | (3) notify
third parties of the risks that may be | 10 | | occasioned by his or her criminal record; | 11 | | (4) obtain the approval of an agent of the Department | 12 | | of Corrections or the Department of Juvenile Justice prior | 13 | | to accepting employment or pursuing a course of study or | 14 | | vocational training and notify the Department prior to any | 15 | | change in employment, study, or training; | 16 | | (5) not be employed or participate in any
volunteer | 17 | | activity that involves contact with children, except under | 18 | | circumstances approved in advance and in writing by an | 19 | | agent of the Department of Corrections or the Department of | 20 | | Juvenile Justice; | 21 | | (6) be electronically monitored for a minimum of 12 | 22 | | months from the date of release as determined by the Board;
| 23 | | (7) refrain from entering into a designated
geographic | 24 | | area except upon terms approved in advance by an agent of | 25 | | the Department of Corrections or the Department of Juvenile | 26 | | Justice. The terms may include consideration of the purpose |
| | | SB3294 Engrossed | - 13 - | LRB099 20433 RLC 44932 b |
|
| 1 | | of the entry, the time of day, and others accompanying the | 2 | | person; | 3 | | (8) refrain from having any contact, including
written | 4 | | or oral communications, directly or indirectly, personally | 5 | | or by telephone, letter, or through a third party with | 6 | | certain specified persons including, but not limited to, | 7 | | the victim or the victim's family without the prior written | 8 | | approval of an agent of the Department of Corrections or | 9 | | the Department of Juvenile Justice; | 10 | | (9) refrain from all contact, directly or
indirectly, | 11 | | personally, by telephone, letter, or through a third party, | 12 | | with minor children without prior identification and | 13 | | approval of an agent of the Department of Corrections or | 14 | | the Department of Juvenile Justice; | 15 | | (10) neither possess or have under his or her
control | 16 | | any material that is sexually oriented, sexually | 17 | | stimulating, or that shows male or female sex organs or any | 18 | | pictures depicting children under 18 years of age nude or | 19 | | any written or audio material describing sexual | 20 | | intercourse or that depicts or alludes to sexual activity, | 21 | | including but not limited to visual, auditory, telephonic, | 22 | | or electronic media, or any matter obtained through access | 23 | | to any computer or material linked to computer access use; | 24 | | (11) not patronize any business providing
sexually | 25 | | stimulating or sexually oriented entertainment nor utilize | 26 | | "900" or adult telephone numbers; |
| | | SB3294 Engrossed | - 14 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (12) not reside near, visit, or be in or about
parks, | 2 | | schools, day care centers, swimming pools, beaches, | 3 | | theaters, or any other places where minor children | 4 | | congregate without advance approval of an agent of the | 5 | | Department of Corrections or the Department of Juvenile | 6 | | Justice and immediately report any incidental contact with | 7 | | minor children to the Department; | 8 | | (13) not possess or have under his or her control
| 9 | | certain specified items of contraband related to the | 10 | | incidence of sexually offending as determined by an agent | 11 | | of the Department of Corrections or the Department of | 12 | | Juvenile Justice; | 13 | | (14) may be required to provide a written daily log of | 14 | | activities
if directed by an agent of the Department of | 15 | | Corrections or the Department of Juvenile Justice; | 16 | | (15) comply with all other special conditions
that the | 17 | | Department may impose that restrict the person from | 18 | | high-risk situations and limit access to potential | 19 | | victims; | 20 | | (16) take an annual polygraph exam; | 21 | | (17) maintain a log of his or her travel; or | 22 | | (18) obtain prior approval of his or her parole officer | 23 | | or aftercare specialist before driving alone in a motor | 24 | | vehicle.
| 25 | | (c) The conditions under which the parole, aftercare | 26 | | release, or mandatory
supervised release is to be served shall |
| | | SB3294 Engrossed | - 15 - | LRB099 20433 RLC 44932 b |
|
| 1 | | be communicated to
the person in writing prior to his or her | 2 | | release, and he or she shall
sign the same before release. A | 3 | | signed copy of these conditions,
including a copy of an order | 4 | | of protection where one had been issued by the
criminal court, | 5 | | shall be retained by the person and another copy forwarded to
| 6 | | the officer or aftercare specialist in charge of his or her | 7 | | supervision.
| 8 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 9 | | Review Board may modify or enlarge the conditions of parole, | 10 | | aftercare release,
or mandatory supervised release.
| 11 | | (e) The Department shall inform all offenders committed to
| 12 | | the Department of the optional services available to them
upon | 13 | | release and shall assist inmates in availing themselves
of such | 14 | | optional services upon their release on a voluntary
basis. | 15 | | (f) (Blank).
| 16 | | (Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, | 17 | | eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; | 18 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
| 19 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 20 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 21 | | (a) (1) The Department of Corrections shall prescribe | 22 | | rules
and regulations for awarding and revoking sentence | 23 | | credit for persons committed to the Department which shall
| 24 | | be subject to review by the Prisoner Review Board.
| 25 | | (1.5) As otherwise provided by law, sentence credit may |
| | | SB3294 Engrossed | - 16 - | LRB099 20433 RLC 44932 b |
|
| 1 | | be awarded for the following: | 2 | | (A) successful completion of programming while in | 3 | | custody of the Department or while in custody prior to | 4 | | sentencing; | 5 | | (B) compliance with the rules and regulations of | 6 | | the Department; or | 7 | | (C) service to the institution, service to a | 8 | | community, or service to the State. | 9 | | (2) The rules and regulations on sentence credit shall | 10 | | provide, with
respect to offenses listed in clause (i), | 11 | | (ii), or (iii) of this paragraph (2) committed on or after | 12 | | June 19, 1998 or with respect to the offense listed in | 13 | | clause (iv) of this paragraph (2) committed on or after | 14 | | June 23, 2005 (the effective date of Public Act 94-71) or | 15 | | with
respect to offense listed in clause (vi)
committed on | 16 | | or after June 1, 2008 (the effective date of Public Act | 17 | | 95-625)
or with respect to the offense of being an armed | 18 | | habitual criminal committed on or after August 2, 2005 (the | 19 | | effective date of Public Act 94-398) or with respect to the | 20 | | offenses listed in clause (v) of this paragraph (2) | 21 | | committed on or after August 13, 2007 (the effective date | 22 | | of Public Act 95-134) or with respect to the offense of | 23 | | aggravated domestic battery committed on or after July 23, | 24 | | 2010 (the effective date of Public Act 96-1224) or with | 25 | | respect to the offense of attempt to commit terrorism | 26 | | committed on or after January 1, 2013 (the effective date |
| | | SB3294 Engrossed | - 17 - | LRB099 20433 RLC 44932 b |
|
| 1 | | of Public Act 97-990), the following:
| 2 | | (i) that a prisoner who is serving a term of | 3 | | imprisonment for first
degree murder or for the offense | 4 | | of terrorism shall receive no sentence
credit and shall | 5 | | serve the entire
sentence imposed by the court;
| 6 | | (ii) that a prisoner serving a sentence for attempt | 7 | | to commit terrorism, attempt to commit first
degree | 8 | | murder, solicitation of murder, solicitation of murder | 9 | | for hire,
intentional homicide of an unborn child, | 10 | | predatory criminal sexual assault of a
child, | 11 | | aggravated criminal sexual assault, criminal sexual | 12 | | assault, aggravated
kidnapping, aggravated battery | 13 | | with a firearm as described in Section 12-4.2 or | 14 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 15 | | Section 12-3.05, heinous battery as described in | 16 | | Section 12-4.1 or subdivision (a)(2) of Section | 17 | | 12-3.05, being an armed habitual criminal, aggravated
| 18 | | battery of a senior citizen as described in Section | 19 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 20 | | aggravated battery of a child as described in Section | 21 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 22 | | receive no
more than 4.5 days of sentence credit for | 23 | | each month of his or her sentence
of imprisonment;
| 24 | | (iii) that a prisoner serving a sentence
for home | 25 | | invasion, armed robbery, aggravated vehicular | 26 | | hijacking,
aggravated discharge of a firearm, or armed |
| | | SB3294 Engrossed | - 18 - | LRB099 20433 RLC 44932 b |
|
| 1 | | violence with a category I weapon
or category II | 2 | | weapon, when the court
has made and entered a finding, | 3 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 4 | | Code, that the conduct leading to conviction for the | 5 | | enumerated offense
resulted in great bodily harm to a | 6 | | victim, shall receive no more than 4.5 days
of sentence | 7 | | credit for each month of his or her sentence of | 8 | | imprisonment;
| 9 | | (iv) that a prisoner serving a sentence for | 10 | | aggravated discharge of a firearm, whether or not the | 11 | | conduct leading to conviction for the offense resulted | 12 | | in great bodily harm to the victim, shall receive no | 13 | | more than 4.5 days of sentence credit for each month of | 14 | | his or her sentence of imprisonment;
| 15 | | (v) that a person serving a sentence for | 16 | | gunrunning, narcotics racketeering, controlled | 17 | | substance trafficking, methamphetamine trafficking, | 18 | | drug-induced homicide, aggravated | 19 | | methamphetamine-related child endangerment, money | 20 | | laundering pursuant to clause (c) (4) or (5) of Section | 21 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 22 | | of 2012, or a Class X felony conviction for delivery of | 23 | | a controlled substance, possession of a controlled | 24 | | substance with intent to manufacture or deliver, | 25 | | calculated criminal drug conspiracy, criminal drug | 26 | | conspiracy, street gang criminal drug conspiracy, |
| | | SB3294 Engrossed | - 19 - | LRB099 20433 RLC 44932 b |
|
| 1 | | participation in methamphetamine manufacturing, | 2 | | aggravated participation in methamphetamine | 3 | | manufacturing, delivery of methamphetamine, possession | 4 | | with intent to deliver methamphetamine, aggravated | 5 | | delivery of methamphetamine, aggravated possession | 6 | | with intent to deliver methamphetamine, | 7 | | methamphetamine conspiracy when the substance | 8 | | containing the controlled substance or methamphetamine | 9 | | is 100 grams or more shall receive no more than 7.5 | 10 | | days sentence credit for each month of his or her | 11 | | sentence of imprisonment;
| 12 | | (vi)
that a prisoner serving a sentence for a | 13 | | second or subsequent offense of luring a minor shall | 14 | | receive no more than 4.5 days of sentence credit for | 15 | | each month of his or her sentence of imprisonment; and
| 16 | | (vii) that a prisoner serving a sentence for | 17 | | aggravated domestic battery shall receive no more than | 18 | | 4.5 days of sentence credit for each month of his or | 19 | | her sentence of imprisonment. | 20 | | (2.1) For all offenses, other than those enumerated in | 21 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 22 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 23 | | after June 23, 2005 (the effective date of Public Act | 24 | | 94-71) or subdivision (a)(2)(v) committed on or after | 25 | | August 13, 2007 (the effective date of Public Act 95-134)
| 26 | | or subdivision (a)(2)(vi) committed on or after June 1, |
| | | SB3294 Engrossed | - 20 - | LRB099 20433 RLC 44932 b |
|
| 1 | | 2008 (the effective date of Public Act 95-625) or | 2 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 3 | | (the effective date of Public Act 96-1224), and other than | 4 | | the offense of aggravated driving under the influence of | 5 | | alcohol, other drug or drugs, or
intoxicating compound or | 6 | | compounds, or any combination thereof as defined in
| 7 | | subparagraph (F) of paragraph (1) of subsection (d) of | 8 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 9 | | the offense of aggravated driving under the influence of | 10 | | alcohol,
other drug or drugs, or intoxicating compound or | 11 | | compounds, or any combination
thereof as defined in | 12 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 13 | | Section 11-501 of the Illinois Vehicle Code committed on or | 14 | | after January 1, 2011 (the effective date of Public Act | 15 | | 96-1230),
the rules and regulations shall
provide that a | 16 | | prisoner who is serving a term of
imprisonment shall | 17 | | receive one day of sentence credit for each day of
his or | 18 | | her sentence of imprisonment or recommitment under Section | 19 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 20 | | the prisoner's period
of imprisonment or recommitment | 21 | | under Section 3-3-9.
| 22 | | (2.2) A prisoner serving a term of natural life | 23 | | imprisonment or a
prisoner who has been sentenced to death | 24 | | shall receive no sentence
credit.
| 25 | | (2.3) The rules and regulations on sentence credit | 26 | | shall provide that
a prisoner who is serving a sentence for |
| | | SB3294 Engrossed | - 21 - | LRB099 20433 RLC 44932 b |
|
| 1 | | aggravated driving under the influence of alcohol,
other | 2 | | drug or drugs, or intoxicating compound or compounds, or | 3 | | any combination
thereof as defined in subparagraph (F) of | 4 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 5 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 6 | | of sentence credit for each month of his or her sentence of
| 7 | | imprisonment.
| 8 | | (2.4) The rules and regulations on sentence credit | 9 | | shall provide with
respect to the offenses of aggravated | 10 | | battery with a machine gun or a firearm
equipped with any | 11 | | device or attachment designed or used for silencing the
| 12 | | report of a firearm or aggravated discharge of a machine | 13 | | gun or a firearm
equipped with any device or attachment | 14 | | designed or used for silencing the
report of a firearm, | 15 | | committed on or after
July 15, 1999 (the effective date of | 16 | | Public Act 91-121),
that a prisoner serving a sentence for | 17 | | any of these offenses shall receive no
more than 4.5 days | 18 | | of sentence credit for each month of his or her sentence
of | 19 | | imprisonment.
| 20 | | (2.5) The rules and regulations on sentence credit | 21 | | shall provide that a
prisoner who is serving a sentence for | 22 | | aggravated arson committed on or after
July 27, 2001 (the | 23 | | effective date of Public Act 92-176) shall receive no more | 24 | | than
4.5 days of sentence credit for each month of his or | 25 | | her sentence of
imprisonment.
| 26 | | (2.6) The rules and regulations on sentence credit |
| | | SB3294 Engrossed | - 22 - | LRB099 20433 RLC 44932 b |
|
| 1 | | shall provide that a
prisoner who is serving a sentence for | 2 | | aggravated driving under the influence of alcohol,
other | 3 | | drug or drugs, or intoxicating compound or compounds or any | 4 | | combination
thereof as defined in subparagraph (C) of | 5 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 6 | | Illinois Vehicle Code committed on or after January 1, 2011 | 7 | | (the effective date of Public Act 96-1230) shall receive no | 8 | | more than 4.5
days of sentence credit for each month of his | 9 | | or her sentence of
imprisonment. | 10 | | (3) The rules and regulations shall also provide that
| 11 | | the Director may award up to 180 days additional sentence
| 12 | | credit for good conduct in specific instances as the
| 13 | | Director deems proper. The good conduct may include, but is | 14 | | not limited to, compliance with the rules and regulations | 15 | | of the Department, service to the Department, service to a | 16 | | community, or service to the State. However, the Director | 17 | | shall not award more than 90 days
of sentence credit for | 18 | | good conduct to any prisoner who is serving a sentence for
| 19 | | conviction of first degree murder, reckless homicide while | 20 | | under the
influence of alcohol or any other drug,
or | 21 | | aggravated driving under the influence of alcohol, other | 22 | | drug or drugs, or
intoxicating compound or compounds, or | 23 | | any combination thereof as defined in
subparagraph (F) of | 24 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 25 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 26 | | predatory criminal sexual assault of a child,
aggravated |
| | | SB3294 Engrossed | - 23 - | LRB099 20433 RLC 44932 b |
|
| 1 | | criminal sexual assault, criminal sexual assault, deviate | 2 | | sexual
assault, aggravated criminal sexual abuse, | 3 | | aggravated indecent liberties
with a child, indecent | 4 | | liberties with a child, child pornography, heinous
battery | 5 | | as described in Section 12-4.1 or subdivision (a)(2) of | 6 | | Section 12-3.05, aggravated battery of a spouse, | 7 | | aggravated battery of a spouse
with a firearm, stalking, | 8 | | aggravated stalking, aggravated battery of a child as | 9 | | described in Section 12-4.3 or subdivision (b)(1) of | 10 | | Section 12-3.05,
endangering the life or health of a child, | 11 | | or cruelty to a child. Notwithstanding the foregoing, | 12 | | sentence credit for
good conduct shall not be awarded on a
| 13 | | sentence of imprisonment imposed for conviction of: (i) one | 14 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 15 | | or (iii) when the offense is committed on or after
June 19, | 16 | | 1998 or subdivision (a)(2)(iv) when the offense is | 17 | | committed on or after June 23, 2005 (the effective date of | 18 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 19 | | is committed on or after August 13, 2007 (the effective | 20 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 21 | | the offense is committed on or after June 1, 2008 (the | 22 | | effective date of Public Act 95-625) or subdivision | 23 | | (a)(2)(vii) when the offense is committed on or after July | 24 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 25 | | aggravated driving under the influence of alcohol, other | 26 | | drug or drugs, or
intoxicating compound or compounds, or |
| | | SB3294 Engrossed | - 24 - | LRB099 20433 RLC 44932 b |
|
| 1 | | any combination thereof as defined in
subparagraph (F) of | 2 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 3 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 4 | | in subdivision
(a)(2.4) when the offense is committed on or | 5 | | after
July 15, 1999 (the effective date of Public Act | 6 | | 91-121),
(iv) aggravated arson when the offense is | 7 | | committed
on or after July 27, 2001 (the effective date of | 8 | | Public Act 92-176), (v) offenses that may subject the | 9 | | offender to commitment under the Sexually Violent Persons | 10 | | Commitment Act, or (vi) aggravated driving under the | 11 | | influence of alcohol,
other drug or drugs, or intoxicating | 12 | | compound or compounds or any combination
thereof as defined | 13 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 14 | | Section 11-501 of the Illinois Vehicle Code committed on or | 15 | | after January 1, 2011 (the effective date of Public Act | 16 | | 96-1230).
| 17 | | Eligible inmates for an award of sentence credit under
this | 18 | | paragraph (3) may be selected to receive the credit at
the | 19 | | Director's or his or her designee's sole discretion.
| 20 | | Consideration may be based on, but not limited to, any
| 21 | | available risk assessment analysis on the inmate, any history | 22 | | of conviction for violent crimes as defined by the Rights of | 23 | | Crime Victims and Witnesses Act, facts and circumstances of the | 24 | | inmate's holding offense or offenses, and the potential for | 25 | | rehabilitation. | 26 | | The Director shall not award sentence credit under this |
| | | SB3294 Engrossed | - 25 - | LRB099 20433 RLC 44932 b |
|
| 1 | | paragraph (3) to an inmate unless the inmate has served a | 2 | | minimum of 60 days of the sentence; except nothing in this | 3 | | paragraph shall be construed to permit the Director to extend | 4 | | an inmate's sentence beyond that which was imposed by the | 5 | | court. Prior to awarding credit under this paragraph (3), the | 6 | | Director shall make a written determination that the inmate: | 7 | | (A) is eligible for the sentence credit; | 8 | | (B) has served a minimum of 60 days, or as close to | 9 | | 60 days as the sentence will allow; and | 10 | | (C) has met the eligibility criteria established | 11 | | by rule. | 12 | | The Director shall determine the form and content of | 13 | | the written determination required in this subsection. | 14 | | (3.5) The Department shall provide annual written | 15 | | reports to the Governor and the General Assembly on the | 16 | | award of sentence credit for good conduct, with the first | 17 | | report due January 1, 2014. The Department must publish | 18 | | both reports on its website within 48 hours of transmitting | 19 | | the reports to the Governor and the General Assembly. The | 20 | | reports must include: | 21 | | (A) the number of inmates awarded sentence credit | 22 | | for good conduct; | 23 | | (B) the average amount of sentence credit for good | 24 | | conduct awarded; | 25 | | (C) the holding offenses of inmates awarded | 26 | | sentence credit for good conduct; and |
| | | SB3294 Engrossed | - 26 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (D) the number of sentence credit for good conduct | 2 | | revocations. | 3 | | (4) The rules and regulations shall also provide that | 4 | | the sentence
credit accumulated and retained under | 5 | | paragraph (2.1) of subsection (a) of
this Section by any | 6 | | inmate during specific periods of time in which such
inmate | 7 | | is engaged full-time in substance abuse programs, | 8 | | correctional
industry assignments, educational programs, | 9 | | behavior modification programs, life skills courses, or | 10 | | re-entry planning provided by the Department
under this | 11 | | paragraph (4) and satisfactorily completes the assigned | 12 | | program as
determined by the standards of the Department, | 13 | | shall be multiplied by a factor
of 1.25 for program | 14 | | participation before August 11, 1993
and 1.50 for program | 15 | | participation on or after that date.
The rules and | 16 | | regulations shall also provide that sentence credit, | 17 | | subject to the same offense limits and multiplier provided | 18 | | in this paragraph, may be provided to an inmate who was | 19 | | held in pre-trial detention prior to his or her current | 20 | | commitment to the Department of Corrections and | 21 | | successfully completed a full-time, 60-day or longer | 22 | | substance abuse program, educational program, behavior | 23 | | modification program, life skills course, or re-entry | 24 | | planning provided by the county department of corrections | 25 | | or county jail. Calculation of this county program credit | 26 | | shall be done at sentencing as provided in Section |
| | | SB3294 Engrossed | - 27 - | LRB099 20433 RLC 44932 b |
|
| 1 | | 5-4.5-100 of this Code and shall be included in the | 2 | | sentencing order. However, no inmate shall be eligible for | 3 | | the additional sentence credit
under this paragraph (4) or | 4 | | (4.1) of this subsection (a) while assigned to a boot camp
| 5 | | or electronic detention, or if convicted of an offense | 6 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 7 | | Section that is committed on or after June 19,
1998 or | 8 | | subdivision (a)(2)(iv) of this Section that is committed on | 9 | | or after June 23, 2005 (the effective date of Public Act | 10 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 11 | | committed on or after August 13, 2007 (the effective date | 12 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 13 | | offense is committed on or after June 1, 2008 (the | 14 | | effective date of Public Act 95-625) or subdivision | 15 | | (a)(2)(vii) when the offense is committed on or after July | 16 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 17 | | convicted of aggravated driving under the influence of | 18 | | alcohol, other drug or drugs, or
intoxicating compound or | 19 | | compounds or any combination thereof as defined in
| 20 | | subparagraph (F) of paragraph (1) of subsection (d) of | 21 | | Section 11-501 of the
Illinois Vehicle Code, or if | 22 | | convicted of aggravated driving under the influence of | 23 | | alcohol,
other drug or drugs, or intoxicating compound or | 24 | | compounds or any combination
thereof as defined in | 25 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 26 | | Section 11-501 of the Illinois Vehicle Code committed on or |
| | | SB3294 Engrossed | - 28 - | LRB099 20433 RLC 44932 b |
|
| 1 | | after January 1, 2011 (the effective date of Public Act | 2 | | 96-1230), or if convicted of an offense enumerated in | 3 | | paragraph
(a)(2.4) of this Section that is committed on or | 4 | | after
July 15, 1999 (the effective date of Public Act | 5 | | 91-121),
or first degree murder, a Class X felony that does | 6 | | not qualify for day for day sentence credit under paragraph | 7 | | (2.1) of this subsection (a) , criminal sexual
assault, | 8 | | felony criminal sexual abuse that does not qualify for day | 9 | | for day sentence credit under paragraph (2.1) of this | 10 | | subsection (a) , aggravated criminal sexual abuse that does | 11 | | not qualify for day for day sentence credit under paragraph | 12 | | (2.1) of this subsection (a) ,
aggravated battery with a | 13 | | firearm as described in Section 12-4.2 or subdivision | 14 | | (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, or | 15 | | any predecessor or successor offenses
with the same or | 16 | | substantially the same elements that does not qualify for | 17 | | day for day sentence credit under paragraph (2.1) of this | 18 | | subsection (a) , or any inchoate offenses
relating to the | 19 | | foregoing offenses that does not qualify for day for day | 20 | | sentence credit under paragraph (2.1) of this subsection | 21 | | (a) . No inmate shall be eligible for the
additional good | 22 | | conduct credit under this paragraph (4) who (i) has | 23 | | previously
received increased good conduct credit under | 24 | | this paragraph (4) and has
subsequently been convicted of a
| 25 | | felony, or (ii) has previously served more than one prior | 26 | | sentence of
imprisonment for a felony in an adult |
| | | SB3294 Engrossed | - 29 - | LRB099 20433 RLC 44932 b |
|
| 1 | | correctional facility.
| 2 | | Educational, vocational, substance abuse, behavior | 3 | | modification programs, life skills courses, re-entry | 4 | | planning, and correctional
industry programs under which | 5 | | sentence credit may be increased under
this paragraph (4) | 6 | | and paragraph (4.1) of this subsection (a) shall be | 7 | | evaluated by the Department on the basis of
documented | 8 | | standards. The Department shall report the results of these
| 9 | | evaluations to the Governor and the General Assembly by | 10 | | September 30th of each
year. The reports shall include data | 11 | | relating to the recidivism rate among
program | 12 | | participants.
| 13 | | Availability of these programs shall be subject to the
| 14 | | limits of fiscal resources appropriated by the General | 15 | | Assembly for these
purposes. Eligible inmates who are | 16 | | denied immediate admission shall be
placed on a waiting | 17 | | list under criteria established by the Department.
The | 18 | | inability of any inmate to become engaged in any such | 19 | | programs
by reason of insufficient program resources or for | 20 | | any other reason
established under the rules and | 21 | | regulations of the Department shall not be
deemed a cause | 22 | | of action under which the Department or any employee or
| 23 | | agent of the Department shall be liable for damages to the | 24 | | inmate.
| 25 | | (4.1) The rules and regulations shall also provide that | 26 | | an additional 90 days of sentence credit shall be awarded |
| | | SB3294 Engrossed | - 30 - | LRB099 20433 RLC 44932 b |
|
| 1 | | to any prisoner who passes high school equivalency testing | 2 | | while the prisoner is committed to the Department of | 3 | | Corrections. The sentence credit awarded under this | 4 | | paragraph (4.1) shall be in addition to, and shall not | 5 | | affect, the award of sentence credit under any other | 6 | | paragraph of this Section, but shall also be pursuant to | 7 | | the guidelines and restrictions set forth in paragraph (4) | 8 | | of subsection (a) of this Section.
The sentence credit | 9 | | provided for in this paragraph shall be available only to | 10 | | those prisoners who have not previously earned a high | 11 | | school diploma or a high school equivalency certificate. | 12 | | If, after an award of the high school equivalency testing | 13 | | sentence credit has been made, the Department determines | 14 | | that the prisoner was not eligible, then the award shall be | 15 | | revoked.
The Department may also award 90 days of sentence | 16 | | credit to any committed person who passed high school | 17 | | equivalency testing while he or she was held in pre-trial | 18 | | detention prior to the current commitment to the Department | 19 | | of Corrections. | 20 | | (4.5) The rules and regulations on sentence credit | 21 | | shall also provide that
when the court's sentencing order | 22 | | recommends a prisoner for substance abuse treatment and the
| 23 | | crime was committed on or after September 1, 2003 (the | 24 | | effective date of
Public Act 93-354), the prisoner shall | 25 | | receive no sentence credit awarded under clause (3) of this | 26 | | subsection (a) unless he or she participates in and
|
| | | SB3294 Engrossed | - 31 - | LRB099 20433 RLC 44932 b |
|
| 1 | | completes a substance abuse treatment program. The | 2 | | Director may waive the requirement to participate in or | 3 | | complete a substance abuse treatment program and award the | 4 | | sentence credit in specific instances if the prisoner is | 5 | | not a good candidate for a substance abuse treatment | 6 | | program for medical, programming, or operational reasons. | 7 | | Availability of
substance abuse treatment shall be subject | 8 | | to the limits of fiscal resources
appropriated by the | 9 | | General Assembly for these purposes. If treatment is not
| 10 | | available and the requirement to participate and complete | 11 | | the treatment has not been waived by the Director, the | 12 | | prisoner shall be placed on a waiting list under criteria
| 13 | | established by the Department. The Director may allow a | 14 | | prisoner placed on
a waiting list to participate in and | 15 | | complete a substance abuse education class or attend | 16 | | substance
abuse self-help meetings in lieu of a substance | 17 | | abuse treatment program. A prisoner on a waiting list who | 18 | | is not placed in a substance abuse program prior to release | 19 | | may be eligible for a waiver and receive sentence credit | 20 | | under clause (3) of this subsection (a) at the discretion | 21 | | of the Director.
| 22 | | (4.6) The rules and regulations on sentence credit | 23 | | shall also provide that a prisoner who has been convicted | 24 | | of a sex offense as defined in Section 2 of the Sex | 25 | | Offender Registration Act shall receive no sentence credit | 26 | | unless he or she either has successfully completed or is |
| | | SB3294 Engrossed | - 32 - | LRB099 20433 RLC 44932 b |
|
| 1 | | participating in sex offender treatment as defined by the | 2 | | Sex Offender Management Board. However, prisoners who are | 3 | | waiting to receive treatment, but who are unable to do so | 4 | | due solely to the lack of resources on the part of the | 5 | | Department, may, at the Director's sole discretion, be | 6 | | awarded sentence credit at a rate as the Director shall | 7 | | determine. | 8 | | (5) Whenever the Department is to release any inmate | 9 | | earlier than it
otherwise would because of a grant of | 10 | | sentence credit for good conduct under paragraph (3) of | 11 | | subsection (a) of this Section given at any time during the | 12 | | term, the Department shall give
reasonable notice of the | 13 | | impending release not less than 14 days prior to the date | 14 | | of the release to the State's
Attorney of the county where | 15 | | the prosecution of the inmate took place, and if | 16 | | applicable, the State's Attorney of the county into which | 17 | | the inmate will be released. The Department must also make | 18 | | identification information and a recent photo of the inmate | 19 | | being released accessible on the Internet by means of a | 20 | | hyperlink labeled "Community Notification of Inmate Early | 21 | | Release" on the Department's World Wide Web homepage.
The | 22 | | identification information shall include the inmate's: | 23 | | name, any known alias, date of birth, physical | 24 | | characteristics, commitment offense and county where | 25 | | conviction was imposed. The identification information | 26 | | shall be placed on the website within 3 days of the |
| | | SB3294 Engrossed | - 33 - | LRB099 20433 RLC 44932 b |
|
| 1 | | inmate's release and the information may not be removed | 2 | | until either: completion of the first year of mandatory | 3 | | supervised release or return of the inmate to custody of | 4 | | the Department.
| 5 | | (b) Whenever a person is or has been committed under
| 6 | | several convictions, with separate sentences, the sentences
| 7 | | shall be construed under Section 5-8-4 in granting and
| 8 | | forfeiting of sentence credit.
| 9 | | (c) The Department shall prescribe rules and regulations
| 10 | | for revoking sentence credit, including revoking sentence | 11 | | credit awarded for good conduct under paragraph (3) of | 12 | | subsection (a) of this Section. The Department shall prescribe | 13 | | rules and regulations for suspending or reducing
the rate of | 14 | | accumulation of sentence credit for specific
rule violations, | 15 | | during imprisonment. These rules and regulations
shall provide | 16 | | that no inmate may be penalized more than one
year of sentence | 17 | | credit for any one infraction.
| 18 | | When the Department seeks to revoke, suspend or reduce
the | 19 | | rate of accumulation of any sentence credits for
an alleged | 20 | | infraction of its rules, it shall bring charges
therefor | 21 | | against the prisoner sought to be so deprived of
sentence | 22 | | credits before the Prisoner Review Board as
provided in | 23 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 24 | | amount of credit at issue exceeds 30 days or
when during any 12 | 25 | | month period, the cumulative amount of
credit revoked exceeds | 26 | | 30 days except where the infraction is committed
or discovered |
| | | SB3294 Engrossed | - 34 - | LRB099 20433 RLC 44932 b |
|
| 1 | | within 60 days of scheduled release. In those cases,
the | 2 | | Department of Corrections may revoke up to 30 days of sentence | 3 | | credit.
The Board may subsequently approve the revocation of | 4 | | additional sentence credit, if the Department seeks to revoke | 5 | | sentence credit in
excess of 30 days. However, the Board shall | 6 | | not be empowered to review the
Department's decision with | 7 | | respect to the loss of 30 days of sentence
credit within any | 8 | | calendar year for any prisoner or to increase any penalty
| 9 | | beyond the length requested by the Department.
| 10 | | The Director of the Department of Corrections, in | 11 | | appropriate cases, may
restore up to 30 days of sentence | 12 | | credits which have been revoked, suspended
or reduced. Any | 13 | | restoration of sentence credits in excess of 30 days shall
be | 14 | | subject to review by the Prisoner Review Board. However, the | 15 | | Board may not
restore sentence credit in excess of the amount | 16 | | requested by the Director.
| 17 | | Nothing contained in this Section shall prohibit the | 18 | | Prisoner Review Board
from ordering, pursuant to Section | 19 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 20 | | sentence imposed by the court that was not served due to the
| 21 | | accumulation of sentence credit.
| 22 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 23 | | federal court
against the State, the Department of Corrections, | 24 | | or the Prisoner Review Board,
or against any of
their officers | 25 | | or employees, and the court makes a specific finding that a
| 26 | | pleading, motion, or other paper filed by the prisoner is |
| | | SB3294 Engrossed | - 35 - | LRB099 20433 RLC 44932 b |
|
| 1 | | frivolous, the
Department of Corrections shall conduct a | 2 | | hearing to revoke up to
180 days of sentence credit by bringing | 3 | | charges against the prisoner
sought to be deprived of the | 4 | | sentence credits before the Prisoner Review
Board as provided | 5 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 6 | | prisoner has not accumulated 180 days of sentence credit at the
| 7 | | time of the finding, then the Prisoner Review Board may revoke | 8 | | all
sentence credit accumulated by the prisoner.
| 9 | | For purposes of this subsection (d):
| 10 | | (1) "Frivolous" means that a pleading, motion, or other | 11 | | filing which
purports to be a legal document filed by a | 12 | | prisoner in his or her lawsuit meets
any or all of the | 13 | | following criteria:
| 14 | | (A) it lacks an arguable basis either in law or in | 15 | | fact;
| 16 | | (B) it is being presented for any improper purpose, | 17 | | such as to harass or
to cause unnecessary delay or | 18 | | needless increase in the cost of litigation;
| 19 | | (C) the claims, defenses, and other legal | 20 | | contentions therein are not
warranted by existing law | 21 | | or by a nonfrivolous argument for the extension,
| 22 | | modification, or reversal of existing law or the | 23 | | establishment of new law;
| 24 | | (D) the allegations and other factual contentions | 25 | | do not have
evidentiary
support or, if specifically so | 26 | | identified, are not likely to have evidentiary
support |
| | | SB3294 Engrossed | - 36 - | LRB099 20433 RLC 44932 b |
|
| 1 | | after a reasonable opportunity for further | 2 | | investigation or discovery;
or
| 3 | | (E) the denials of factual contentions are not | 4 | | warranted on the
evidence, or if specifically so | 5 | | identified, are not reasonably based on a lack
of | 6 | | information or belief.
| 7 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 8 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 9 | | action under
Article X of the Code of Civil Procedure or | 10 | | under federal law (28 U.S.C. 2254),
a petition for claim | 11 | | under the Court of Claims Act, an action under the
federal | 12 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 13 | | subsequent petition for post-conviction relief under | 14 | | Article 122 of the Code of Criminal Procedure of 1963 | 15 | | whether filed with or without leave of court or a second or | 16 | | subsequent petition for relief from judgment under Section | 17 | | 2-1401 of the Code of Civil Procedure.
| 18 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 19 | | validity of Public Act 89-404.
| 20 | | (f) Whenever the Department is to release any inmate who | 21 | | has been convicted of a violation of an order of protection | 22 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 23 | | the Criminal Code of 2012, earlier than it
otherwise would | 24 | | because of a grant of sentence credit, the Department, as a | 25 | | condition of release, shall require that the person, upon | 26 | | release, be placed under electronic surveillance as provided in |
| | | SB3294 Engrossed | - 37 - | LRB099 20433 RLC 44932 b |
|
| 1 | | Section 5-8A-7 of this Code. | 2 | | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | 3 | | eff. 1-1-16; revised 10-19-15.)
| 4 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 5 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 6 | | Release and Release by Statute.
| 7 | | (a) The Department shall retain custody of all persons | 8 | | placed on
parole or mandatory supervised release or released | 9 | | pursuant to Section
3-3-10 of this Code and shall supervise | 10 | | such persons during
their parole or release period in accord | 11 | | with the conditions set by the
Prisoner Review Board or | 12 | | conditions of parole, aftercare release, or mandatory | 13 | | supervised release under Section 3-3-7 of this Code . The Such | 14 | | conditions shall include referral to an
alcohol or drug abuse | 15 | | treatment program, as appropriate, if the such person has
| 16 | | previously been identified as having an alcohol or drug abuse | 17 | | problem.
Such conditions may include that the person use an | 18 | | approved electronic
monitoring device subject to Article 8A of | 19 | | Chapter V.
| 20 | | (b) The Department shall assign personnel to assist persons | 21 | | eligible
for parole in preparing a parole plan. Such Department | 22 | | personnel shall
make a report of their efforts and findings to | 23 | | the Prisoner Review
Board prior to its consideration of the | 24 | | case of such eligible person.
| 25 | | (c) A copy of the conditions of his parole or release shall |
| | | SB3294 Engrossed | - 38 - | LRB099 20433 RLC 44932 b |
|
| 1 | | be
signed by the parolee or releasee and given to him and to | 2 | | his
supervising officer who shall report on his progress under | 3 | | the rules and
regulations of the Prisoner Review Board. The | 4 | | supervising officer
shall report violations to the Prisoner | 5 | | Review Board and shall have
the full power of peace officers in | 6 | | the arrest and retaking of any
parolees or releasees or the | 7 | | officer may request the Department to issue
a warrant for the | 8 | | arrest of any parolee or releasee who has allegedly
violated | 9 | | his parole or release conditions. | 10 | | (c-1) The supervising officer shall request the Department | 11 | | to issue a parole violation warrant, and the Department shall | 12 | | issue a parole violation warrant, under the following | 13 | | circumstances: | 14 | | (1) if the parolee or releasee
commits an act that | 15 | | constitutes a felony using a firearm or knife, | 16 | | (2) if applicable, fails to comply with the | 17 | | requirements of the Sex Offender Registration Act, | 18 | | (3) if the parolee or releasee is charged with: | 19 | | (A) a felony offense of domestic battery under | 20 | | Section 12-3.2 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, | 22 | | (B) aggravated domestic battery under Section | 23 | | 12-3.3 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, | 25 | | (C) stalking under Section 12-7.3 of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012, |
| | | SB3294 Engrossed | - 39 - | LRB099 20433 RLC 44932 b |
|
| 1 | | (D) aggravated stalking under Section 12-7.4 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 3 | | (E) violation of an order of protection under | 4 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012, or | 6 | | (F) any offense that would require registration as | 7 | | a sex offender under the Sex Offender Registration Act, | 8 | | or | 9 | | (4) if the parolee or releasee
is on parole or | 10 | | mandatory supervised release for a murder, a Class X felony | 11 | | or a Class 1 felony violation of the Criminal Code of 1961 | 12 | | or the Criminal Code of 2012, or any felony that requires | 13 | | registration as a sex offender under the Sex Offender | 14 | | Registration Act and commits an act that constitutes first | 15 | | degree murder, a Class X felony, a Class 1 felony, a Class | 16 | | 2 felony, or a Class 3 felony. | 17 | | A
sheriff or other peace officer may detain an alleged | 18 | | parole or release
violator until a warrant for his return to | 19 | | the Department can be issued.
The parolee or releasee may be | 20 | | delivered to any secure place until he can
be transported to | 21 | | the Department. The officer or the Department shall file a | 22 | | violation report with notice of charges with the Prisoner | 23 | | Review Board.
| 24 | | (d) The supervising officer shall regularly advise and | 25 | | consult with
the parolee or releasee, assist him in adjusting | 26 | | to community life,
inform him of the restoration of his rights |
| | | SB3294 Engrossed | - 40 - | LRB099 20433 RLC 44932 b |
|
| 1 | | on successful completion of
sentence under Section 5-5-5. If | 2 | | the parolee or releasee has been convicted of a sex offense as | 3 | | defined in the Sex Offender
Management Board Act, the | 4 | | supervising officer shall periodically, but not less than once | 5 | | a month, verify that the parolee or releasee is in compliance | 6 | | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| 7 | | (e) Supervising officers shall receive specialized | 8 | | training in the
special needs of female releasees or parolees | 9 | | including the family
reunification process.
| 10 | | (f) The supervising officer shall keep such records as the
| 11 | | Prisoner Review Board or Department may require. All records | 12 | | shall be
entered in the master file of the individual.
| 13 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | 14 | | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
|
|