Full Text of HB4464 98th General Assembly
HB4464 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4464 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
| Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery by causing great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-6-3 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 8 | | (a) (1) The Department of Corrections shall prescribe | 9 | | rules
and regulations for awarding and revoking sentence | 10 | | credit for persons committed to the Department which shall
| 11 | | be subject to review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may | 13 | | be awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; | 17 | | (B) compliance with the rules and regulations of | 18 | | the Department; or | 19 | | (C) service to the institution, service to a | 20 | | community, or service to the State.
| 21 | | (2) The rules and regulations on sentence credit shall | 22 | | provide, with
respect to offenses listed in clause (i), | 23 | | (ii), or (iii) of this paragraph (2) committed on or after |
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| 1 | | June 19, 1998 or with respect to the offense listed in | 2 | | clause (iv) of this paragraph (2) committed on or after | 3 | | June 23, 2005 (the effective date of Public Act 94-71) or | 4 | | with
respect to offense listed in clause (vi)
committed on | 5 | | or after June 1, 2008 (the effective date of Public Act | 6 | | 95-625)
or with respect to the offense of being an armed | 7 | | habitual criminal committed on or after August 2, 2005 (the | 8 | | effective date of Public Act 94-398) or with respect to the | 9 | | offenses listed in clause (v) of this paragraph (2) | 10 | | committed on or after August 13, 2007 (the effective date | 11 | | of Public Act 95-134) or with respect to the offense of | 12 | | aggravated domestic battery committed on or after July 23, | 13 | | 2010 (the effective date of Public Act 96-1224) or with | 14 | | respect to the offense of attempt to commit terrorism | 15 | | committed on or after January 1, 2013 (the effective date | 16 | | of Public Act 97-990) or with respect to the offense listed | 17 | | in clause (viii) of this paragraph (2) committed on or | 18 | | after the effective date of this amendatory Act of the 98th | 19 | | General Assembly , the following:
| 20 | | (i) that a prisoner who is serving a term of | 21 | | imprisonment for first
degree murder or for the offense | 22 | | of terrorism shall receive no sentence
credit and shall | 23 | | serve the entire
sentence imposed by the court;
| 24 | | (ii) that a prisoner serving a sentence for attempt | 25 | | to commit terrorism, attempt to commit first
degree | 26 | | murder, solicitation of murder, solicitation of murder |
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| 1 | | for hire,
intentional homicide of an unborn child, | 2 | | predatory criminal sexual assault of a
child, | 3 | | aggravated criminal sexual assault, criminal sexual | 4 | | assault, aggravated
kidnapping, aggravated battery | 5 | | with a firearm as described in Section 12-4.2 or | 6 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 7 | | Section 12-3.05, heinous battery as described in | 8 | | Section 12-4.1 or subdivision (a)(2) of Section | 9 | | 12-3.05, being an armed habitual criminal, aggravated
| 10 | | battery of a senior citizen as described in Section | 11 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 12 | | aggravated battery of a child as described in Section | 13 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 14 | | receive no
more than 4.5 days of sentence credit for | 15 | | each month of his or her sentence
of imprisonment;
| 16 | | (iii) that a prisoner serving a sentence
for home | 17 | | invasion, armed robbery, aggravated vehicular | 18 | | hijacking,
aggravated discharge of a firearm, or armed | 19 | | violence with a category I weapon
or category II | 20 | | weapon, when the court
has made and entered a finding, | 21 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 22 | | Code, that the conduct leading to conviction for the | 23 | | enumerated offense
resulted in great bodily harm to a | 24 | | victim, shall receive no more than 4.5 days
of sentence | 25 | | credit for each month of his or her sentence of | 26 | | imprisonment;
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| 1 | | (iv) that a prisoner serving a sentence for | 2 | | aggravated discharge of a firearm, whether or not the | 3 | | conduct leading to conviction for the offense resulted | 4 | | in great bodily harm to the victim, shall receive no | 5 | | more than 4.5 days of sentence credit for each month of | 6 | | his or her sentence of imprisonment;
| 7 | | (v) that a person serving a sentence for | 8 | | gunrunning, narcotics racketeering, controlled | 9 | | substance trafficking, methamphetamine trafficking, | 10 | | drug-induced homicide, aggravated | 11 | | methamphetamine-related child endangerment, money | 12 | | laundering pursuant to clause (c) (4) or (5) of Section | 13 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012, or a Class X felony conviction for delivery of | 15 | | a controlled substance, possession of a controlled | 16 | | substance with intent to manufacture or deliver, | 17 | | calculated criminal drug conspiracy, criminal drug | 18 | | conspiracy, street gang criminal drug conspiracy, | 19 | | participation in methamphetamine manufacturing, | 20 | | aggravated participation in methamphetamine | 21 | | manufacturing, delivery of methamphetamine, possession | 22 | | with intent to deliver methamphetamine, aggravated | 23 | | delivery of methamphetamine, aggravated possession | 24 | | with intent to deliver methamphetamine, | 25 | | methamphetamine conspiracy when the substance | 26 | | containing the controlled substance or methamphetamine |
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| 1 | | is 100 grams or more shall receive no more than 7.5 | 2 | | days sentence credit for each month of his or her | 3 | | sentence of imprisonment;
| 4 | | (vi)
that a prisoner serving a sentence for a | 5 | | second or subsequent offense of luring a minor shall | 6 | | receive no more than 4.5 days of sentence credit for | 7 | | each month of his or her sentence of imprisonment; and
| 8 | | (vii) that a prisoner serving a sentence for | 9 | | aggravated domestic battery shall receive no more than | 10 | | 4.5 days of sentence credit for each month of his or | 11 | | her sentence of imprisonment ; and | 12 | | (viii) that a prisoner serving a sentence for | 13 | | aggravated battery under paragraph (3) of subsection | 14 | | (a) of Section 12-3.05 of the Criminal Code of 2012 | 15 | | shall receive no more than 4.5 days of sentence credit | 16 | | for each month of his or her sentence of imprisonment .
| 17 | | (2.1) For all offenses, other than those enumerated in | 18 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 19 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 20 | | after June 23, 2005 (the effective date of Public Act | 21 | | 94-71) or subdivision (a)(2)(v) committed on or after | 22 | | August 13, 2007 (the effective date of Public Act 95-134)
| 23 | | or subdivision (a)(2)(vi) committed on or after June 1, | 24 | | 2008 (the effective date of Public Act 95-625) or | 25 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 26 | | (the effective date of Public Act 96-1224) or subdivision |
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| 1 | | (a)(2)(viii) committed on or after the effective date of | 2 | | this amendatory Act of the 98th General Assembly , and other | 3 | | than the offense of aggravated driving under the influence | 4 | | of alcohol, other drug or drugs, or
intoxicating compound | 5 | | or compounds, or any combination thereof as defined in
| 6 | | subparagraph (F) of paragraph (1) of subsection (d) of | 7 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 8 | | the offense of aggravated driving under the influence of | 9 | | alcohol,
other drug or drugs, or intoxicating compound or | 10 | | compounds, or any combination
thereof as defined in | 11 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 12 | | Section 11-501 of the Illinois Vehicle Code committed on or | 13 | | after January 1, 2011 (the effective date of Public Act | 14 | | 96-1230),
the rules and regulations shall
provide that a | 15 | | prisoner who is serving a term of
imprisonment shall | 16 | | receive one day of sentence credit for each day of
his or | 17 | | her sentence of imprisonment or recommitment under Section | 18 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 19 | | the prisoner's period
of imprisonment or recommitment | 20 | | under Section 3-3-9.
| 21 | | (2.2) A prisoner serving a term of natural life | 22 | | imprisonment or a
prisoner who has been sentenced to death | 23 | | shall receive no sentence
credit.
| 24 | | (2.3) The rules and regulations on sentence credit | 25 | | shall provide that
a prisoner who is serving a sentence for | 26 | | aggravated driving under the influence of alcohol,
other |
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| 1 | | drug or drugs, or intoxicating compound or compounds, or | 2 | | any combination
thereof as defined in subparagraph (F) of | 3 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 4 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 5 | | of sentence credit for each month of his or her sentence of
| 6 | | imprisonment.
| 7 | | (2.4) The rules and regulations on sentence credit | 8 | | shall provide with
respect to the offenses of aggravated | 9 | | battery with a machine gun or a firearm
equipped with any | 10 | | device or attachment designed or used for silencing the
| 11 | | report of a firearm or aggravated discharge of a machine | 12 | | gun or a firearm
equipped with any device or attachment | 13 | | designed or used for silencing the
report of a firearm, | 14 | | committed on or after
July 15, 1999 (the effective date of | 15 | | Public Act 91-121),
that a prisoner serving a sentence for | 16 | | any of these offenses shall receive no
more than 4.5 days | 17 | | of sentence credit for each month of his or her sentence
of | 18 | | imprisonment.
| 19 | | (2.5) The rules and regulations on sentence credit | 20 | | shall provide that a
prisoner who is serving a sentence for | 21 | | aggravated arson committed on or after
July 27, 2001 (the | 22 | | effective date of Public Act 92-176) shall receive no more | 23 | | than
4.5 days of sentence credit for each month of his or | 24 | | her sentence of
imprisonment.
| 25 | | (2.6) The rules and regulations on sentence credit | 26 | | shall provide that a
prisoner who is serving a sentence for |
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| 1 | | aggravated driving under the influence of alcohol,
other | 2 | | drug or drugs, or intoxicating compound or compounds or any | 3 | | combination
thereof as defined in subparagraph (C) of | 4 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 5 | | Illinois Vehicle Code committed on or after January 1, 2011 | 6 | | (the effective date of Public Act 96-1230) shall receive no | 7 | | more than 4.5
days of sentence credit for each month of his | 8 | | or her sentence of
imprisonment.
| 9 | | (3) The rules and regulations shall also provide that
| 10 | | the Director may award up to 180 days additional sentence
| 11 | | credit for good conduct in specific instances as the
| 12 | | Director deems proper. The good conduct may include, but is | 13 | | not limited to, compliance with the rules and regulations | 14 | | of the Department, service to the Department, service to a | 15 | | community, or service to the State. However, the Director | 16 | | shall not award more than 90 days
of sentence credit for | 17 | | good conduct to any prisoner who is serving a sentence for
| 18 | | conviction of first degree murder, reckless homicide while | 19 | | under the
influence of alcohol or any other drug,
or | 20 | | aggravated driving under the influence of alcohol, other | 21 | | drug or drugs, or
intoxicating compound or compounds, or | 22 | | any combination thereof as defined in
subparagraph (F) of | 23 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 24 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 25 | | predatory criminal sexual assault of a child,
aggravated | 26 | | criminal sexual assault, criminal sexual assault, deviate |
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| 1 | | sexual
assault, aggravated criminal sexual abuse, | 2 | | aggravated indecent liberties
with a child, indecent | 3 | | liberties with a child, child pornography, heinous
battery | 4 | | as described in Section 12-4.1 or subdivision (a)(2) of | 5 | | Section 12-3.05, aggravated battery of a spouse, | 6 | | aggravated battery of a spouse
with a firearm, stalking, | 7 | | aggravated stalking, aggravated battery of a child as | 8 | | described in Section 12-4.3 or subdivision (b)(1) of | 9 | | Section 12-3.05,
endangering the life or health of a child, | 10 | | or cruelty to a child. Notwithstanding the foregoing, | 11 | | sentence credit for
good conduct shall not be awarded on a
| 12 | | sentence of imprisonment imposed for conviction of: (i) one | 13 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 14 | | or (iii) when the offense is committed on or after
June 19, | 15 | | 1998 or subdivision (a)(2)(iv) when the offense is | 16 | | committed on or after June 23, 2005 (the effective date of | 17 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 18 | | is committed on or after August 13, 2007 (the effective | 19 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 20 | | the offense is committed on or after June 1, 2008 (the | 21 | | effective date of Public Act 95-625) or subdivision | 22 | | (a)(2)(vii) when the offense is committed on or after July | 23 | | 23, 2010 (the effective date of Public Act 96-1224) or | 24 | | subdivision (a)(2)(viii) committed on or after the | 25 | | effective date of this amendatory Act of the 98th General | 26 | | Assembly , (ii) aggravated driving under the influence of |
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| 1 | | alcohol, other drug or drugs, or
intoxicating compound or | 2 | | compounds, or any combination thereof as defined in
| 3 | | subparagraph (F) of paragraph (1) of subsection (d) of | 4 | | Section 11-501 of the
Illinois Vehicle Code, (iii) one of | 5 | | the offenses enumerated in subdivision
(a)(2.4) when the | 6 | | offense is committed on or after
July 15, 1999 (the | 7 | | effective date of Public Act 91-121),
(iv) aggravated arson | 8 | | when the offense is committed
on or after July 27, 2001 | 9 | | (the effective date of Public Act 92-176), (v) offenses | 10 | | that may subject the offender to commitment under the | 11 | | Sexually Violent Persons Commitment Act, or (vi) | 12 | | aggravated driving under the influence of alcohol,
other | 13 | | drug or drugs, or intoxicating compound or compounds or any | 14 | | combination
thereof as defined in subparagraph (C) of | 15 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 16 | | Illinois Vehicle Code committed on or after January 1, 2011 | 17 | | (the effective date of Public Act 96-1230).
| 18 | | Eligible inmates for an award of sentence credit under
this | 19 | | paragraph (3) may be selected to receive the credit at
the | 20 | | Director's or his or her designee's sole discretion.
| 21 | | Consideration may be based on, but not limited to, any
| 22 | | available risk assessment analysis on the inmate, any history | 23 | | of conviction for violent crimes as defined by the Rights of | 24 | | Crime Victims and Witnesses Act, facts and circumstances of the | 25 | | inmate's holding offense or offenses, and the potential for | 26 | | rehabilitation. |
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| 1 | | The Director shall not award sentence credit under this | 2 | | paragraph (3) to an inmate unless the inmate has served a | 3 | | minimum of 60 days of the sentence; except nothing in this | 4 | | paragraph shall be construed to permit the Director to extend | 5 | | an inmate's sentence beyond that which was imposed by the | 6 | | court. Prior to awarding credit under this paragraph (3), the | 7 | | Director shall make a written determination that the inmate: | 8 | | (A) is eligible for the sentence credit; | 9 | | (B) has served a minimum of 60 days, or as close to | 10 | | 60 days as the sentence will allow; and | 11 | | (C) has met the eligibility criteria established | 12 | | by rule. | 13 | | The Director shall determine the form and content of | 14 | | the written determination required in this subsection. | 15 | | (3.5) The Department shall provide annual written | 16 | | reports to the Governor and the General Assembly on the | 17 | | award of sentence credit for good conduct, with the first | 18 | | report due January 1, 2014. The Department must publish | 19 | | both reports on its website within 48 hours of transmitting | 20 | | the reports to the Governor and the General Assembly. The | 21 | | reports must include: | 22 | | (A) the number of inmates awarded sentence credit | 23 | | for good conduct; | 24 | | (B) the average amount of sentence credit for good | 25 | | conduct awarded; | 26 | | (C) the holding offenses of inmates awarded |
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| 1 | | sentence credit for good conduct; and | 2 | | (D) the number of sentence credit for good conduct | 3 | | revocations.
| 4 | | (4) The rules and regulations shall also provide that | 5 | | the sentence
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, educational programs, | 10 | | behavior modification programs, life skills courses, or | 11 | | re-entry planning provided by the Department
under this | 12 | | paragraph (4) and satisfactorily completes the assigned | 13 | | program as
determined by the standards of the Department, | 14 | | shall be multiplied by a factor
of 1.25 for program | 15 | | participation before August 11, 1993
and 1.50 for program | 16 | | participation on or after that date.
The rules and | 17 | | regulations shall also provide that sentence credit, | 18 | | subject to the same offense limits and multiplier provided | 19 | | in this paragraph, may be provided to an inmate who was | 20 | | held in pre-trial detention prior to his or her current | 21 | | commitment to the Department of Corrections and | 22 | | successfully completed a full-time, 60-day or longer | 23 | | substance abuse program, educational program, behavior | 24 | | modification program, life skills course, or re-entry | 25 | | planning provided by the county department of corrections | 26 | | or county jail. Calculation of this county program credit |
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| 1 | | shall be done at sentencing as provided in Section | 2 | | 5-4.5-100 of this Code and shall be included in the | 3 | | sentencing order. However, no inmate shall be eligible for | 4 | | the additional sentence credit
under this paragraph (4) or | 5 | | (4.1) of this subsection (a) while assigned to a boot camp
| 6 | | or electronic detention, or if convicted of an offense | 7 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 8 | | Section that is committed on or after June 19,
1998 or | 9 | | subdivision (a)(2)(iv) of this Section that is committed on | 10 | | or after June 23, 2005 (the effective date of Public Act | 11 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 12 | | committed on or after August 13, 2007 (the effective date | 13 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 14 | | offense is committed on or after June 1, 2008 (the | 15 | | effective date of Public Act 95-625) or subdivision | 16 | | (a)(2)(vii) when the offense is committed on or after July | 17 | | 23, 2010 (the effective date of Public Act 96-1224) or | 18 | | subdivision (a)(2)(viii) committed on or after the | 19 | | effective date of this amendatory Act of the 98th General | 20 | | Assembly , or if convicted of aggravated driving under the | 21 | | influence of alcohol, other drug or drugs, or
intoxicating | 22 | | compound or compounds or any combination thereof as defined | 23 | | in
subparagraph (F) of paragraph (1) of subsection (d) of | 24 | | Section 11-501 of the
Illinois Vehicle Code, or if | 25 | | convicted of aggravated driving under the influence of | 26 | | alcohol,
other drug or drugs, or intoxicating compound or |
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| 1 | | compounds or any combination
thereof as defined in | 2 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 3 | | Section 11-501 of the Illinois Vehicle Code committed on or | 4 | | after January 1, 2011 (the effective date of Public Act | 5 | | 96-1230), or if convicted of an offense enumerated in | 6 | | paragraph
(a)(2.4) of this Section that is committed on or | 7 | | after
July 15, 1999 (the effective date of Public Act | 8 | | 91-121),
or first degree murder, a Class X felony, criminal | 9 | | sexual
assault, felony criminal sexual abuse, aggravated | 10 | | criminal sexual abuse,
aggravated battery with a firearm as | 11 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 12 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 13 | | successor offenses
with the same or substantially the same | 14 | | elements, or any inchoate offenses
relating to the | 15 | | foregoing offenses. No inmate shall be eligible for the
| 16 | | additional good conduct credit under this paragraph (4) who | 17 | | (i) has previously
received increased good conduct credit | 18 | | under this paragraph (4) and has
subsequently been | 19 | | convicted of a
felony, or (ii) has previously served more | 20 | | than one prior sentence of
imprisonment for a felony in an | 21 | | adult correctional facility.
| 22 | | Educational, vocational, substance abuse, behavior | 23 | | modification programs, life skills courses, re-entry | 24 | | planning, and correctional
industry programs under which | 25 | | sentence credit may be increased under
this paragraph (4) | 26 | | and paragraph (4.1) of this subsection (a) shall be |
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| 1 | | evaluated by the Department on the basis of
documented | 2 | | standards. The Department shall report the results of these
| 3 | | evaluations to the Governor and the General Assembly by | 4 | | September 30th of each
year. The reports shall include data | 5 | | relating to the recidivism rate among
program | 6 | | participants.
| 7 | | Availability of these programs shall be subject to the
| 8 | | limits of fiscal resources appropriated by the General | 9 | | Assembly for these
purposes. Eligible inmates who are | 10 | | denied immediate admission shall be
placed on a waiting | 11 | | list under criteria established by the Department.
The | 12 | | inability of any inmate to become engaged in any such | 13 | | programs
by reason of insufficient program resources or for | 14 | | any other reason
established under the rules and | 15 | | regulations of the Department shall not be
deemed a cause | 16 | | of action under which the Department or any employee or
| 17 | | agent of the Department shall be liable for damages to the | 18 | | inmate.
| 19 | | (4.1) The rules and regulations shall also provide that | 20 | | an additional 60 days of sentence credit shall be awarded | 21 | | to any prisoner who passes the high school level Test of | 22 | | General Educational Development (GED) while the prisoner | 23 | | is committed to the Department of Corrections. The sentence | 24 | | credit awarded under this paragraph (4.1) shall be in | 25 | | addition to, and shall not affect, the award of sentence | 26 | | credit under any other paragraph of this Section, but shall |
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| 1 | | also be pursuant to the guidelines and restrictions set | 2 | | forth in paragraph (4) of subsection (a) of this Section.
| 3 | | The sentence credit provided for in this paragraph shall be | 4 | | available only to those prisoners who have not previously | 5 | | earned a high school diploma or a GED. If, after an award | 6 | | of the GED sentence credit has been made and the Department | 7 | | determines that the prisoner was not eligible, then the | 8 | | award shall be revoked.
The Department may also award 60 | 9 | | days of sentence credit to any committed person who passed | 10 | | the high school level Test of General Educational | 11 | | Development (GED) while he or she was held in pre-trial | 12 | | detention prior to the current commitment to the Department | 13 | | of Corrections.
| 14 | | (4.5) The rules and regulations on sentence credit | 15 | | shall also provide that
when the court's sentencing order | 16 | | recommends a prisoner for substance abuse treatment and the
| 17 | | crime was committed on or after September 1, 2003 (the | 18 | | effective date of
Public Act 93-354), the prisoner shall | 19 | | receive no sentence credit awarded under clause (3) of this | 20 | | subsection (a) unless he or she participates in and
| 21 | | completes a substance abuse treatment program. The | 22 | | Director may waive the requirement to participate in or | 23 | | complete a substance abuse treatment program and award the | 24 | | sentence credit in specific instances if the prisoner is | 25 | | not a good candidate for a substance abuse treatment | 26 | | program for medical, programming, or operational reasons. |
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| 1 | | Availability of
substance abuse treatment shall be subject | 2 | | to the limits of fiscal resources
appropriated by the | 3 | | General Assembly for these purposes. If treatment is not
| 4 | | available and the requirement to participate and complete | 5 | | the treatment has not been waived by the Director, the | 6 | | prisoner shall be placed on a waiting list under criteria
| 7 | | established by the Department. The Director may allow a | 8 | | prisoner placed on
a waiting list to participate in and | 9 | | complete a substance abuse education class or attend | 10 | | substance
abuse self-help meetings in lieu of a substance | 11 | | abuse treatment program. A prisoner on a waiting list who | 12 | | is not placed in a substance abuse program prior to release | 13 | | may be eligible for a waiver and receive sentence credit | 14 | | under clause (3) of this subsection (a) at the discretion | 15 | | of the Director.
| 16 | | (4.6) The rules and regulations on sentence credit | 17 | | shall also provide that a prisoner who has been convicted | 18 | | of a sex offense as defined in Section 2 of the Sex | 19 | | Offender Registration Act shall receive no sentence credit | 20 | | unless he or she either has successfully completed or is | 21 | | participating in sex offender treatment as defined by the | 22 | | Sex Offender Management Board. However, prisoners who are | 23 | | waiting to receive treatment, but who are unable to do so | 24 | | due solely to the lack of resources on the part of the | 25 | | Department, may, at the Director's sole discretion, be | 26 | | awarded sentence credit at a rate as the Director shall |
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| 1 | | determine.
| 2 | | (5) Whenever the Department is to release any inmate | 3 | | earlier than it
otherwise would because of a grant of | 4 | | sentence credit for good conduct under paragraph (3) of | 5 | | subsection (a) of this Section given at any time during the | 6 | | term, the Department shall give
reasonable notice of the | 7 | | impending release not less than 14 days prior to the date | 8 | | of the release to the State's
Attorney of the county where | 9 | | the prosecution of the inmate took place, and if | 10 | | applicable, the State's Attorney of the county into which | 11 | | the inmate will be released. The Department must also make | 12 | | identification information and a recent photo of the inmate | 13 | | being released accessible on the Internet by means of a | 14 | | hyperlink labeled "Community Notification of Inmate Early | 15 | | Release" on the Department's World Wide Web homepage.
The | 16 | | identification information shall include the inmate's: | 17 | | name, any known alias, date of birth, physical | 18 | | characteristics, residence address, commitment offense and | 19 | | county where conviction was imposed. The identification | 20 | | information shall be placed on the website within 3 days of | 21 | | the inmate's release and the information may not be removed | 22 | | until either: completion of the first year of mandatory | 23 | | supervised release or return of the inmate to custody of | 24 | | the Department.
| 25 | | (b) Whenever a person is or has been committed under
| 26 | | several convictions, with separate sentences, the sentences
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| 1 | | shall be construed under Section 5-8-4 in granting and
| 2 | | forfeiting of sentence credit.
| 3 | | (c) The Department shall prescribe rules and regulations
| 4 | | for revoking sentence credit, including revoking sentence | 5 | | credit awarded for good conduct under paragraph (3) of | 6 | | subsection (a) of this Section. The Department shall prescribe | 7 | | rules and regulations for suspending or reducing
the rate of | 8 | | accumulation of sentence credit for specific
rule violations, | 9 | | during imprisonment. These rules and regulations
shall provide | 10 | | that no inmate may be penalized more than one
year of sentence | 11 | | credit for any one infraction.
| 12 | | When the Department seeks to revoke, suspend or reduce
the | 13 | | rate of accumulation of any sentence credits for
an alleged | 14 | | infraction of its rules, it shall bring charges
therefor | 15 | | against the prisoner sought to be so deprived of
sentence | 16 | | credits before the Prisoner Review Board as
provided in | 17 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 18 | | amount of credit at issue exceeds 30 days or
when during any 12 | 19 | | month period, the cumulative amount of
credit revoked exceeds | 20 | | 30 days except where the infraction is committed
or discovered | 21 | | within 60 days of scheduled release. In those cases,
the | 22 | | Department of Corrections may revoke up to 30 days of sentence | 23 | | credit.
The Board may subsequently approve the revocation of | 24 | | additional sentence credit, if the Department seeks to revoke | 25 | | sentence credit in
excess of 30 days. However, the Board shall | 26 | | not be empowered to review the
Department's decision with |
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| 1 | | respect to the loss of 30 days of sentence
credit within any | 2 | | calendar year for any prisoner or to increase any penalty
| 3 | | beyond the length requested by the Department.
| 4 | | The Director of the Department of Corrections, in | 5 | | appropriate cases, may
restore up to 30 days of sentence | 6 | | credits which have been revoked, suspended
or reduced. Any | 7 | | restoration of sentence credits in excess of 30 days shall
be | 8 | | subject to review by the Prisoner Review Board. However, the | 9 | | Board may not
restore sentence credit in excess of the amount | 10 | | requested by the Director.
| 11 | | Nothing contained in this Section shall prohibit the | 12 | | Prisoner Review Board
from ordering, pursuant to Section | 13 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 14 | | sentence imposed by the court that was not served due to the
| 15 | | accumulation of sentence credit.
| 16 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 17 | | federal court
against the State, the Department of Corrections, | 18 | | or the Prisoner Review Board,
or against any of
their officers | 19 | | or employees, and the court makes a specific finding that a
| 20 | | pleading, motion, or other paper filed by the prisoner is | 21 | | frivolous, the
Department of Corrections shall conduct a | 22 | | hearing to revoke up to
180 days of sentence credit by bringing | 23 | | charges against the prisoner
sought to be deprived of the | 24 | | sentence credits before the Prisoner Review
Board as provided | 25 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 26 | | prisoner has not accumulated 180 days of sentence credit at the
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| 1 | | time of the finding, then the Prisoner Review Board may revoke | 2 | | all
sentence credit accumulated by the prisoner.
| 3 | | For purposes of this subsection (d):
| 4 | | (1) "Frivolous" means that a pleading, motion, or other | 5 | | filing which
purports to be a legal document filed by a | 6 | | prisoner in his or her lawsuit meets
any or all of the | 7 | | following criteria:
| 8 | | (A) it lacks an arguable basis either in law or in | 9 | | fact;
| 10 | | (B) it is being presented for any improper purpose, | 11 | | such as to harass or
to cause unnecessary delay or | 12 | | needless increase in the cost of litigation;
| 13 | | (C) the claims, defenses, and other legal | 14 | | contentions therein are not
warranted by existing law | 15 | | or by a nonfrivolous argument for the extension,
| 16 | | modification, or reversal of existing law or the | 17 | | establishment of new law;
| 18 | | (D) the allegations and other factual contentions | 19 | | do not have
evidentiary
support or, if specifically so | 20 | | identified, are not likely to have evidentiary
support | 21 | | after a reasonable opportunity for further | 22 | | investigation or discovery;
or
| 23 | | (E) the denials of factual contentions are not | 24 | | warranted on the
evidence, or if specifically so | 25 | | identified, are not reasonably based on a lack
of | 26 | | information or belief.
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| 1 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 2 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 3 | | action under
Article X of the Code of Civil Procedure or | 4 | | under federal law (28 U.S.C. 2254),
a petition for claim | 5 | | under the Court of Claims Act, an action under the
federal | 6 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 7 | | subsequent petition for post-conviction relief under | 8 | | Article 122 of the Code of Criminal Procedure of 1963 | 9 | | whether filed with or without leave of court or a second or | 10 | | subsequent petition for relief from judgment under Section | 11 | | 2-1401 of the Code of Civil Procedure.
| 12 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 13 | | validity of Public Act 89-404.
| 14 | | (f) Whenever the Department is to release any inmate who | 15 | | has been convicted of a violation of an order of protection | 16 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 17 | | the Criminal Code of 2012, earlier than it
otherwise would | 18 | | because of a grant of sentence credit, the Department, as a | 19 | | condition of release, shall require that the person, upon | 20 | | release, be placed under electronic surveillance as provided in | 21 | | Section 5-8A-7 of this Code. | 22 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 23 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 24 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 25 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 26 | | 97-1150, eff. 1-25-13.)
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