Full Text of HB5404 101st General Assembly
HB5404 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5404 Introduced , by Rep. Mark Batinick - Grant Wehrli SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Criminal Code of 2012. Increases the penalty for unlawful use of weapons by selling, manufacturing, purchasing, possessing, or carrying a machine gun, other than in the passenger compartment of a motor vehicle or on one's person if the weapon is loaded, from a Class 2 felony, with a mandatory sentence of not less than 3 years and not more than 7 years imprisonment to a Class 1 felony, with a mandatory sentence of not less than 4 years and not more than 15 years imprisonment. Amends the Unified Code of Corrections. Provides that a person serving a sentence for this violation shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment (rather than day for day sentence credit).
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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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 Criminal Code of 2012 is amended by changing | 5 | | Section 24-1 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful use of weapons.
| 8 | | (a) A person commits the offense of unlawful use of weapons | 9 | | when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels | 18 | | a knifelike blade as a projectile by means
of a coil | 19 | | spring, elastic material or compressed gas; or
| 20 | | (2) Carries or possesses with intent to use the same | 21 | | unlawfully
against another, a dagger, dirk, billy, | 22 | | dangerous knife, razor,
stiletto, broken bottle or other | 23 | | piece of glass, stun gun or taser or
any other dangerous or |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (2.5) Carries or possesses with intent to use the same | 3 | | unlawfully against another, any firearm in a church, | 4 | | synagogue, mosque, or other building, structure, or place | 5 | | used for religious worship; or | 6 | | (3) Carries on or about his person or in any vehicle, a | 7 | | tear gas gun
projector or bomb or any object containing | 8 | | noxious liquid gas or
substance, other than an object | 9 | | containing a non-lethal noxious liquid gas
or substance | 10 | | designed solely for personal defense carried by a person 18
| 11 | | years of age or older; or
| 12 | | (4) Carries or possesses in any vehicle or concealed on | 13 | | or about his
person except when on his land or in his own | 14 | | abode, legal dwelling, or fixed place of
business, or on | 15 | | the land or in the legal dwelling of another person as an | 16 | | invitee with that person's permission, any pistol, | 17 | | revolver, stun gun or taser or other firearm, except
that
| 18 | | this subsection (a) (4) does not apply to or affect | 19 | | transportation of weapons
that meet one of the following | 20 | | conditions:
| 21 | | (i) are broken down in a non-functioning state; or
| 22 | | (ii) are not immediately accessible; or
| 23 | | (iii) are unloaded and enclosed in a case, firearm | 24 | | carrying box,
shipping box, or other container by a | 25 | | person who has been issued a currently
valid Firearm | 26 | | Owner's
Identification Card; or |
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| 1 | | (iv) are carried or possessed in accordance with | 2 | | the Firearm Concealed Carry Act by a person who has | 3 | | been issued a currently valid license under the Firearm | 4 | | Concealed Carry Act; or
| 5 | | (5) Sets a spring gun; or
| 6 | | (6) Possesses any device or attachment of any kind | 7 | | designed, used or
intended for use in silencing the report | 8 | | of any firearm; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less than | 24 | | 16 inches in length or a shotgun having one or more
| 25 | | barrels less than 18 inches in length or any weapon | 26 | | made from a rifle or
shotgun, whether by alteration, |
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| 1 | | modification, or otherwise, if such a weapon
as | 2 | | modified has an overall length of less than 26 inches; | 3 | | or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or taser | 10 | | or other
deadly weapon in any place which is licensed to | 11 | | sell intoxicating
beverages, or at any public gathering | 12 | | held pursuant to a license issued
by any governmental body | 13 | | or any public gathering at which an admission
is charged, | 14 | | excluding a place where a showing, demonstration or lecture
| 15 | | involving the exhibition of unloaded firearms is | 16 | | conducted.
| 17 | | This subsection (a)(8) does not apply to any auction or | 18 | | raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to persons
| 20 | | engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his or her person any
pistol, revolver, stun gun or taser | 23 | | or firearm or ballistic knife, when
he or she is hooded, | 24 | | robed or masked in such manner as to conceal his or her | 25 | | identity; or
| 26 | | (10) Carries or possesses on or about his or her |
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| 1 | | person, upon any public street,
alley, or other public | 2 | | lands within the corporate limits of a city, village,
or | 3 | | incorporated town, except when an invitee thereon or | 4 | | therein, for the
purpose of the display of such weapon or | 5 | | the lawful commerce in weapons, or
except when on his land | 6 | | or in his or her own abode, legal dwelling, or fixed place | 7 | | of business, or on the land or in the legal dwelling of | 8 | | another person as an invitee with that person's permission, | 9 | | any
pistol, revolver, stun gun, or taser or other firearm, | 10 | | except that this
subsection (a) (10) does not apply to or | 11 | | affect transportation of weapons that
meet one of the | 12 | | following conditions:
| 13 | | (i) are broken down in a non-functioning state; or
| 14 | | (ii) are not immediately accessible; or
| 15 | | (iii) are unloaded and enclosed in a case, firearm | 16 | | carrying box,
shipping box, or other container by a | 17 | | person who has been issued a currently
valid Firearm | 18 | | Owner's
Identification Card; or
| 19 | | (iv) are carried or possessed in accordance with | 20 | | the Firearm Concealed Carry Act by a person who has | 21 | | been issued a currently valid license under the Firearm | 22 | | Concealed Carry Act. | 23 | | A "stun gun or taser", as used in this paragraph (a) | 24 | | means (i) any device
which is powered by electrical | 25 | | charging units, such as, batteries, and
which fires one or | 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of | 2 | | disrupting
the person's nervous system in such a manner as | 3 | | to render him incapable of
normal functioning or (ii) any | 4 | | device which is powered by electrical
charging units, such | 5 | | as batteries, and which, upon contact with a human or
| 6 | | clothing worn by a human, can send out current capable of | 7 | | disrupting
the person's nervous system in such a manner as | 8 | | to render him incapable
of normal functioning; or
| 9 | | (11) Sells, manufactures, or purchases any explosive | 10 | | bullet. For purposes
of this paragraph (a) "explosive | 11 | | bullet" means the projectile portion of
an ammunition | 12 | | cartridge which contains or carries an explosive charge | 13 | | which
will explode upon contact with the flesh of a human | 14 | | or an animal.
"Cartridge" means a tubular metal case having | 15 | | a projectile affixed at the
front thereof and a cap or | 16 | | primer at the rear end thereof, with the
propellant | 17 | | contained in such tube between the projectile and the cap; | 18 | | or
| 19 | | (12) (Blank); or
| 20 | | (13) Carries or possesses on or about his or her person | 21 | | while in a building occupied by a unit of government, a | 22 | | billy club, other weapon of like character, or other | 23 | | instrument of like character intended for use as a weapon. | 24 | | For the purposes of this Section, "billy club" means a | 25 | | short stick or club commonly carried by police officers | 26 | | which is either telescopic or constructed of a solid piece |
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| 1 | | of wood or other man-made material. | 2 | | (b) Sentence. A person convicted of a violation of | 3 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 4 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 5 | | Class A
misdemeanor.
A person convicted of a violation of | 6 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 7 | | person
convicted of a violation of subsection 24-1(a)(6) or | 8 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 9 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 10 | | Class 1 2 felony and shall be sentenced to a term of | 11 | | imprisonment of not less than 4 3 years and not more than 15 7 | 12 | | years, unless the weapon is possessed in the
passenger | 13 | | compartment of a motor vehicle as defined in Section 1-146 of | 14 | | the
Illinois Vehicle Code, or on the person, while the weapon | 15 | | is loaded, in which
case it shall be a Class X felony. A person | 16 | | convicted of a
second or subsequent violation of subsection | 17 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 18 | | Class 3 felony. A person convicted of a violation of subsection | 19 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | 20 | | weapon in violation of this Section constitutes a single and | 21 | | separate violation.
| 22 | | (c) Violations in specific places.
| 23 | | (1) A person who violates subsection 24-1(a)(6) or | 24 | | 24-1(a)(7) (ii) or (iii) in any
school, regardless of the | 25 | | time of day or the time of year, in residential
property | 26 | | owned, operated or managed by a public housing agency or
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| 1 | | leased by
a public housing agency as part of a scattered | 2 | | site or mixed-income
development, in a
public park, in a | 3 | | courthouse, on the real property comprising any school,
| 4 | | regardless of the
time of day or the time of year, on | 5 | | residential property owned, operated
or
managed by a public | 6 | | housing agency
or leased by a public housing agency as part | 7 | | of a scattered site or
mixed-income development,
on the | 8 | | real property comprising any
public park, on the real | 9 | | property comprising any courthouse, in any conveyance
| 10 | | owned, leased or contracted by a school to
transport | 11 | | students to or from school or a school related activity, in | 12 | | any conveyance
owned, leased, or contracted by a public | 13 | | transportation agency, or on any
public way within 1,000 | 14 | | feet of the real property comprising any school,
public | 15 | | park, courthouse, public transportation facility, or | 16 | | residential property owned, operated, or managed
by a | 17 | | public housing agency
or leased by a public housing agency | 18 | | as part of a scattered site or
mixed-income development
| 19 | | commits a Class 2 felony and shall be sentenced to a term | 20 | | of imprisonment of not less than 3 years and not more than | 21 | | 7 years.
| 22 | | (1.5) A person who violates subsection 24-1(a)(4), | 23 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 24 | | time of day or the time of year,
in residential property | 25 | | owned, operated, or managed by a public
housing
agency
or | 26 | | leased by a public housing agency as part of a scattered |
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| 1 | | site or
mixed-income development,
in
a public
park, in a | 2 | | courthouse, on the real property comprising any school, | 3 | | regardless
of the time of day or the time of year, on | 4 | | residential property owned,
operated, or managed by a | 5 | | public housing agency
or leased by a public housing agency | 6 | | as part of a scattered site or
mixed-income development,
on | 7 | | the real property
comprising any public park, on the real | 8 | | property comprising any courthouse, in
any conveyance | 9 | | owned, leased, or contracted by a school to transport | 10 | | students
to or from school or a school related activity, in | 11 | | any conveyance
owned, leased, or contracted by a public | 12 | | transportation agency, or on any public way within
1,000 | 13 | | feet of the real property comprising any school, public | 14 | | park, courthouse,
public transportation facility, or | 15 | | residential property owned, operated, or managed by a | 16 | | public
housing agency
or leased by a public housing agency | 17 | | as part of a scattered site or
mixed-income development
| 18 | | commits a Class 3 felony.
| 19 | | (2) A person who violates subsection 24-1(a)(1), | 20 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 21 | | time of day or the time of year, in
residential property | 22 | | owned, operated or managed by a public housing
agency
or | 23 | | leased by a public housing agency as part of a scattered | 24 | | site or
mixed-income development,
in
a public park, in a | 25 | | courthouse, on the real property comprising any school,
| 26 | | regardless of the time of day or the time of year, on |
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| 1 | | residential property
owned, operated or managed by a public | 2 | | housing agency
or leased by a public housing agency as part | 3 | | of a scattered site or
mixed-income development,
on the | 4 | | real property
comprising any public park, on the real | 5 | | property comprising any courthouse, in
any conveyance | 6 | | owned, leased or contracted by a school to transport | 7 | | students
to or from school or a school related activity, in | 8 | | any conveyance
owned, leased, or contracted by a public | 9 | | transportation agency, or on any public way within
1,000 | 10 | | feet of the real property comprising any school, public | 11 | | park, courthouse,
public transportation facility, or | 12 | | residential property owned, operated, or managed by a | 13 | | public
housing agency or leased by a public housing agency | 14 | | as part of a scattered
site or mixed-income development | 15 | | commits a Class 4 felony. "Courthouse"
means any building | 16 | | that is used by the Circuit, Appellate, or Supreme Court of
| 17 | | this State for the conduct of official business.
| 18 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 19 | | (c) shall not
apply to law
enforcement officers or security | 20 | | officers of such school, college, or
university or to | 21 | | students carrying or possessing firearms for use in | 22 | | training
courses, parades, hunting, target shooting on | 23 | | school ranges, or otherwise with
the consent of school | 24 | | authorities and which firearms are transported unloaded
| 25 | | enclosed in a suitable case, box, or transportation | 26 | | package.
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| 1 | | (4) For the purposes of this subsection (c), "school" | 2 | | means any public or
private elementary or secondary school, | 3 | | community college, college, or
university.
| 4 | | (5) For the purposes of this subsection (c), "public | 5 | | transportation agency" means a public or private agency | 6 | | that provides for the transportation or conveyance of
| 7 | | persons by means available to the general public, except | 8 | | for transportation
by automobiles not used for conveyance | 9 | | of the general public as passengers; and "public | 10 | | transportation facility" means a terminal or other place
| 11 | | where one may obtain public transportation.
| 12 | | (d) The presence in an automobile other than a public | 13 | | omnibus of any
weapon, instrument or substance referred to in | 14 | | subsection (a)(7) is
prima facie evidence that it is in the | 15 | | possession of, and is being
carried by, all persons occupying | 16 | | such automobile at the time such
weapon, instrument or | 17 | | substance is found, except under the following
circumstances: | 18 | | (i) if such weapon, instrument or instrumentality is
found upon | 19 | | the person of one of the occupants therein; or (ii) if such
| 20 | | weapon, instrument or substance is found in an automobile | 21 | | operated for
hire by a duly licensed driver in the due, lawful | 22 | | and proper pursuit of
his or her trade, then such presumption | 23 | | shall not apply to the driver.
| 24 | | (e) Exemptions. | 25 | | (1) Crossbows, Common or Compound bows and Underwater
| 26 | | Spearguns are exempted from the definition of ballistic |
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| 1 | | knife as defined in
paragraph (1) of subsection (a) of this | 2 | | Section. | 3 | | (2) The provision of paragraph (1) of subsection (a) of | 4 | | this Section prohibiting the sale, manufacture, purchase, | 5 | | possession, or carrying of any knife, commonly referred to | 6 | | as a switchblade knife, which has a
blade that opens | 7 | | automatically by hand pressure applied to a button,
spring | 8 | | or other device in the handle of the knife, does not apply | 9 | | to a person who possesses a currently valid Firearm Owner's | 10 | | Identification Card previously issued in his or her name by | 11 | | the Department of State Police or to a person or an entity | 12 | | engaged in the business of selling or manufacturing | 13 | | switchblade knives.
| 14 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| 15 | | Section 10. The Unified Code of Corrections is amended by | 16 | | changing Section 3-6-3 as follows:
| 17 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 18 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 19 | | (a)(1) The Department of Corrections shall prescribe rules
| 20 | | and regulations for awarding and revoking sentence credit for | 21 | | persons committed to the Department which shall
be subject to | 22 | | review by the Prisoner Review Board.
| 23 | | (1.5) As otherwise provided by law, sentence credit may be | 24 | | awarded for the following: |
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| 1 | | (A) successful completion of programming while in | 2 | | custody of the Department or while in custody prior to | 3 | | sentencing; | 4 | | (B) compliance with the rules and regulations of the | 5 | | Department; or | 6 | | (C) service to the institution, service to a community, | 7 | | or service to the State. | 8 | | (2) Except as provided in paragraph (4.7) of this | 9 | | subsection (a), the rules and regulations on sentence credit | 10 | | shall provide, with
respect to offenses listed in clause (i), | 11 | | (ii), or (iii) of this paragraph (2) committed on or after June | 12 | | 19, 1998 or with respect to the offense listed in clause (iv) | 13 | | of this paragraph (2) committed on or after June 23, 2005 (the | 14 | | effective date of Public Act 94-71) or with
respect to offense | 15 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 16 | | effective date of Public Act 95-625)
or with respect to the | 17 | | offense of being an armed habitual criminal committed on or | 18 | | after August 2, 2005 (the effective date of Public Act 94-398) | 19 | | or with respect to the offenses listed in clause (v) of this | 20 | | paragraph (2) committed on or after August 13, 2007 (the | 21 | | effective date of Public Act 95-134) or with respect to the | 22 | | offense of aggravated domestic battery committed on or after | 23 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 24 | | with respect to the offense of attempt to commit terrorism | 25 | | committed on or after January 1, 2013 (the effective date of | 26 | | Public Act 97-990) or with respect to the offense of unlawful |
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| 1 | | use of weapons under subparagraph (i) of paragraph (7) of | 2 | | subsection (a) of Section 24-1 of the Criminal Code of 2012 | 3 | | committed on or after the effective date of this amendatory Act | 4 | | of the 101st General Assembly , the following:
| 5 | | (i) that a prisoner who is serving a term of | 6 | | imprisonment for first
degree murder or for the offense of | 7 | | terrorism shall receive no sentence
credit and shall serve | 8 | | the entire
sentence imposed by the court;
| 9 | | (ii) that a prisoner serving a sentence for attempt to | 10 | | commit terrorism, attempt to commit first
degree murder, | 11 | | solicitation of murder, solicitation of murder for hire,
| 12 | | intentional homicide of an unborn child, predatory | 13 | | criminal sexual assault of a
child, aggravated criminal | 14 | | sexual assault, criminal sexual assault, aggravated
| 15 | | kidnapping, aggravated battery with a firearm as described | 16 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 17 | | (e)(4) of Section 12-3.05, heinous battery as described in | 18 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 19 | | being an armed habitual criminal, aggravated
battery of a | 20 | | senior citizen as described in Section 12-4.6 or | 21 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 22 | | battery of a child as described in Section 12-4.3 or | 23 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 24 | | than 4.5 days of sentence credit for each month of his or | 25 | | her sentence
of imprisonment;
| 26 | | (iii) that a prisoner serving a sentence
for home |
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| 1 | | invasion, armed robbery, aggravated vehicular hijacking,
| 2 | | aggravated discharge of a firearm, or armed violence with a | 3 | | category I weapon
or category II weapon, when the court
has | 4 | | made and entered a finding, pursuant to subsection (c-1) of | 5 | | Section 5-4-1
of this Code, that the conduct leading to | 6 | | conviction for the enumerated offense
resulted in great | 7 | | bodily harm to a victim, shall receive no more than 4.5 | 8 | | days
of sentence credit for each month of his or her | 9 | | sentence of imprisonment;
| 10 | | (iv) that a prisoner serving a sentence for aggravated | 11 | | discharge of a firearm, whether or not the conduct leading | 12 | | to conviction for the offense resulted in great bodily harm | 13 | | to the victim, shall receive no more than 4.5 days of | 14 | | sentence credit for each month of his or her sentence of | 15 | | imprisonment;
| 16 | | (v) that a person serving a sentence for unlawful use | 17 | | of weapons under subparagraph (i) of paragraph (7) of | 18 | | subsection (a) of Section 24-1 of the Criminal Code of | 19 | | 2012, gunrunning, narcotics racketeering, controlled | 20 | | substance trafficking, methamphetamine trafficking, | 21 | | drug-induced homicide, aggravated methamphetamine-related | 22 | | child endangerment, money laundering pursuant to clause | 23 | | (c) (4) or (5) of Section 29B-1 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012, or a Class X felony | 25 | | conviction for delivery of a controlled substance, | 26 | | possession of a controlled substance with intent to |
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| 1 | | manufacture or deliver, calculated criminal drug | 2 | | conspiracy, criminal drug conspiracy, street gang criminal | 3 | | drug conspiracy, participation in methamphetamine | 4 | | manufacturing, aggravated participation in methamphetamine | 5 | | manufacturing, delivery of methamphetamine, possession | 6 | | with intent to deliver methamphetamine, aggravated | 7 | | delivery of methamphetamine, aggravated possession with | 8 | | intent to deliver methamphetamine, methamphetamine | 9 | | conspiracy when the substance containing the controlled | 10 | | substance or methamphetamine is 100 grams or more shall | 11 | | receive no more than 7.5 days sentence credit for each | 12 | | month of his or her sentence of imprisonment;
| 13 | | (vi)
that a prisoner serving a sentence for a second or | 14 | | subsequent offense of luring a minor shall receive no more | 15 | | than 4.5 days of sentence credit for each month of his or | 16 | | her sentence of imprisonment; and
| 17 | | (vii) that a prisoner serving a sentence for aggravated | 18 | | domestic battery shall receive no more than 4.5 days of | 19 | | sentence credit for each month of his or her sentence of | 20 | | imprisonment. | 21 | | (2.1) For all offenses, other than those enumerated in | 22 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 23 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 24 | | June 23, 2005 (the effective date of Public Act 94-71) or | 25 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 26 | | (the effective date of Public Act 95-134) (other than the |
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| 1 | | offense of unlawful use of weapons under subparagraph (i) of | 2 | | paragraph (7) of subsection (a) of Section 24-1 of the Criminal | 3 | | Code of 2012)
or subdivision (a)(2)(vi) committed on or after | 4 | | June 1, 2008 (the effective date of Public Act 95-625) or | 5 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 6 | | (the effective date of Public Act 96-1224), and other than the | 7 | | offense of aggravated driving under the influence of alcohol, | 8 | | other drug or drugs, or
intoxicating compound or compounds, or | 9 | | any combination thereof as defined in
subparagraph (F) of | 10 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 11 | | Illinois Vehicle Code, and other than the offense of aggravated | 12 | | driving under the influence of alcohol,
other drug or drugs, or | 13 | | intoxicating compound or compounds, or any combination
thereof | 14 | | as defined in subparagraph (C) of paragraph (1) of subsection | 15 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | 16 | | or after January 1, 2011 (the effective date of Public Act | 17 | | 96-1230) , and other than the offense of unlawful use of weapons | 18 | | under subparagraph (i) of paragraph (7) of subsection (a) of | 19 | | Section 24-1 of the Criminal Code of 2012 committed on or after | 20 | | the effective date of this amendatory Act of the 101st General | 21 | | Assembly ,
the rules and regulations shall
provide that a | 22 | | prisoner who is serving a term of
imprisonment shall receive | 23 | | one day of sentence credit for each day of
his or her sentence | 24 | | of imprisonment or recommitment under Section 3-3-9.
Each day | 25 | | of sentence credit shall reduce by one day the prisoner's | 26 | | period
of imprisonment or recommitment under Section 3-3-9.
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| 1 | | (2.2) A prisoner serving a term of natural life | 2 | | imprisonment or a
prisoner who has been sentenced to death | 3 | | shall receive no sentence
credit.
| 4 | | (2.3) Except as provided in paragraph (4.7) of this | 5 | | subsection (a), the rules and regulations on sentence credit | 6 | | shall provide that
a prisoner who is serving a sentence for | 7 | | aggravated driving under the influence of alcohol,
other drug | 8 | | or drugs, or intoxicating compound or compounds, or any | 9 | | combination
thereof as defined in subparagraph (F) of paragraph | 10 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 11 | | Code, shall receive no more than 4.5
days of sentence credit | 12 | | for each month of his or her sentence of
imprisonment.
| 13 | | (2.4) Except as provided in paragraph (4.7) of this | 14 | | subsection (a), the rules and regulations on sentence credit | 15 | | shall provide with
respect to the offenses of aggravated | 16 | | battery with a machine gun or a firearm
equipped with any | 17 | | device or attachment designed or used for silencing the
report | 18 | | of a firearm or aggravated discharge of a machine gun or a | 19 | | firearm
equipped with any device or attachment designed or used | 20 | | for silencing the
report of a firearm, committed on or after
| 21 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 22 | | prisoner serving a sentence for any of these offenses shall | 23 | | receive no
more than 4.5 days of sentence credit for each month | 24 | | of his or her sentence
of imprisonment.
| 25 | | (2.5) Except as provided in paragraph (4.7) of this | 26 | | subsection (a), the rules and regulations on sentence credit |
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| 1 | | shall provide that a
prisoner who is serving a sentence for | 2 | | aggravated arson committed on or after
July 27, 2001 (the | 3 | | effective date of Public Act 92-176) shall receive no more than
| 4 | | 4.5 days of sentence credit for each month of his or her | 5 | | sentence of
imprisonment.
| 6 | | (2.6) Except as provided in paragraph (4.7) of this | 7 | | subsection (a), the rules and regulations on sentence credit | 8 | | shall provide that a
prisoner who is serving a sentence for | 9 | | aggravated driving under the influence of alcohol,
other drug | 10 | | or drugs, or intoxicating compound or compounds or any | 11 | | combination
thereof as defined in subparagraph (C) of paragraph | 12 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 13 | | Code committed on or after January 1, 2011 (the effective date | 14 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 15 | | sentence credit for each month of his or her sentence of
| 16 | | imprisonment. | 17 | | (3) In addition to the sentence credits earned under | 18 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | 19 | | the rules and regulations shall also provide that
the Director | 20 | | may award up to 180 days of earned sentence
credit for good | 21 | | conduct in specific instances as the
Director deems proper. The | 22 | | good conduct may include, but is not limited to, compliance | 23 | | with the rules and regulations of the Department, service to | 24 | | the Department, service to a community, or service to the | 25 | | State.
| 26 | | Eligible inmates for an award of earned sentence credit |
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| 1 | | under
this paragraph (3) may be selected to receive the credit | 2 | | at
the Director's or his or her designee's sole discretion.
| 3 | | Eligibility for the additional earned sentence credit under | 4 | | this paragraph (3) shall be based on, but is not limited to, | 5 | | the results of any available risk/needs assessment or other | 6 | | relevant assessments or evaluations administered by the | 7 | | Department using a validated instrument, the circumstances of | 8 | | the crime, any history of conviction for a forcible felony | 9 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 10 | | inmate's behavior and disciplinary history while incarcerated, | 11 | | and the inmate's commitment to rehabilitation, including | 12 | | participation in programming offered by the Department. | 13 | | The Director shall not award sentence credit under this | 14 | | paragraph (3) to an inmate unless the inmate has served a | 15 | | minimum of 60 days of the sentence; except nothing in this | 16 | | paragraph shall be construed to permit the Director to extend | 17 | | an inmate's sentence beyond that which was imposed by the | 18 | | court. Prior to awarding credit under this paragraph (3), the | 19 | | Director shall make a written determination that the inmate: | 20 | | (A) is eligible for the earned sentence credit; | 21 | | (B) has served a minimum of 60 days, or as close to 60 | 22 | | days as the sentence will allow; | 23 | | (B-1) has received a risk/needs assessment or other | 24 | | relevant evaluation or assessment administered by the | 25 | | Department using a validated instrument; and | 26 | | (C) has met the eligibility criteria established by |
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| 1 | | rule for earned sentence credit. | 2 | | The Director shall determine the form and content of the | 3 | | written determination required in this subsection. | 4 | | (3.5) The Department shall provide annual written reports | 5 | | to the Governor and the General Assembly on the award of earned | 6 | | sentence credit no later than February 1 of each year. The | 7 | | Department must publish both reports on its website within 48 | 8 | | hours of transmitting the reports to the Governor and the | 9 | | General Assembly. The reports must include: | 10 | | (A) the number of inmates awarded earned sentence | 11 | | credit; | 12 | | (B) the average amount of earned sentence credit | 13 | | awarded; | 14 | | (C) the holding offenses of inmates awarded earned | 15 | | sentence credit; and | 16 | | (D) the number of earned sentence credit revocations. | 17 | | (4)(A) Except as provided in paragraph (4.7) of this | 18 | | subsection (a), the rules and regulations shall also provide | 19 | | that the sentence
credit accumulated and retained under | 20 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 21 | | during specific periods of time in which such
inmate is engaged | 22 | | full-time in substance abuse programs, correctional
industry | 23 | | assignments, educational programs, behavior modification | 24 | | programs, life skills courses, or re-entry planning provided by | 25 | | the Department
under this paragraph (4) and satisfactorily | 26 | | completes the assigned program as
determined by the standards |
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| 1 | | of the Department, shall be multiplied by a factor
of 1.25 for | 2 | | program participation before August 11, 1993
and 1.50 for | 3 | | program participation on or after that date.
The rules and | 4 | | regulations shall also provide that sentence credit, subject to | 5 | | the same offense limits and multiplier provided in this | 6 | | paragraph, may be provided to an inmate who was held in | 7 | | pre-trial detention prior to his or her current commitment to | 8 | | the Department of Corrections and successfully completed a | 9 | | full-time, 60-day or longer substance abuse program, | 10 | | educational program, behavior modification program, life | 11 | | skills course, or re-entry planning provided by the county | 12 | | department of corrections or county jail. Calculation of this | 13 | | county program credit shall be done at sentencing as provided | 14 | | in Section 5-4.5-100 of this Code and shall be included in the | 15 | | sentencing order. However, no inmate shall be eligible for the | 16 | | additional sentence credit
under this paragraph (4) or (4.1) of | 17 | | this subsection (a) while assigned to a boot camp
or electronic | 18 | | detention.
| 19 | | (B) The Department shall award sentence credit under this | 20 | | paragraph (4) accumulated prior to the effective date of this | 21 | | amendatory Act of the 101st General Assembly in an amount | 22 | | specified in subparagraph (C) of this paragraph (4) to an | 23 | | inmate serving a sentence for an offense committed prior to | 24 | | June 19, 1998, if the Department determines that the inmate is | 25 | | entitled to this sentence credit, based upon: | 26 | | (i) documentation provided by the Department that the |
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| 1 | | inmate engaged in any full-time substance abuse programs, | 2 | | correctional industry assignments, educational programs, | 3 | | behavior modification programs, life skills courses, or | 4 | | re-entry planning provided by the Department under this | 5 | | paragraph (4) and satisfactorily completed the assigned | 6 | | program as determined by the standards of the Department | 7 | | during the inmate's current term of incarceration; or | 8 | | (ii) the inmate's own testimony in the form of an | 9 | | affidavit or documentation, or a third party's | 10 | | documentation or testimony in the form of an affidavit that | 11 | | the inmate likely engaged in any full-time substance abuse | 12 | | programs, correctional industry assignments, educational | 13 | | programs, behavior modification programs, life skills | 14 | | courses, or re-entry planning provided by the Department | 15 | | under paragraph (4) and satisfactorily completed the | 16 | | assigned program as determined by the standards of the | 17 | | Department during the inmate's current term of | 18 | | incarceration. | 19 | | (C) If the inmate can provide documentation that he or she | 20 | | is entitled to sentence credit under subparagraph (B) in excess | 21 | | of 45 days of participation in those programs, the inmate shall | 22 | | receive 90 days of sentence credit. If the inmate cannot | 23 | | provide documentation of more than 45 days of participation | 24 | | those programs, the inmate shall receive 45 days of sentence | 25 | | credit. In the event of a disagreement between the Department | 26 | | and the inmate as to the amount of credit accumulated under |
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| 1 | | subparagraph (B), if the Department provides documented proof | 2 | | of a lesser amount of days of participation in those programs, | 3 | | that proof shall control. If the Department provides no | 4 | | documentary proof, the inmate's proof as set forth in clause | 5 | | (ii) of subparagraph (B) shall control as to the amount of | 6 | | sentence credit provided. | 7 | | (D) If the inmate has been convicted of a sex offense as | 8 | | defined in Section 2 of the Sex Offender Registration Act, | 9 | | sentencing credits under subparagraph (B) of this paragraph (4) | 10 | | shall be awarded by the Department only if the conditions set | 11 | | forth in paragraph (4.6) of subsection (a) are satisfied. No | 12 | | inmate serving a term of natural life imprisonment shall | 13 | | receive sentence credit under subparagraph (B) of this | 14 | | paragraph (4). | 15 | | Educational, vocational, substance abuse, behavior | 16 | | modification programs, life skills courses, re-entry planning, | 17 | | and correctional
industry programs under which sentence credit | 18 | | may be increased under
this paragraph (4) and paragraph (4.1) | 19 | | of this subsection (a) shall be evaluated by the Department on | 20 | | the basis of
documented standards. The Department shall report | 21 | | the results of these
evaluations to the Governor and the | 22 | | General Assembly by September 30th of each
year. The reports | 23 | | shall include data relating to the recidivism rate among
| 24 | | program participants.
| 25 | | Availability of these programs shall be subject to the
| 26 | | limits of fiscal resources appropriated by the General Assembly |
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| 1 | | for these
purposes. Eligible inmates who are denied immediate | 2 | | admission shall be
placed on a waiting list under criteria | 3 | | established by the Department.
The inability of any inmate to | 4 | | become engaged in any such programs
by reason of insufficient | 5 | | program resources or for any other reason
established under the | 6 | | rules and regulations of the Department shall not be
deemed a | 7 | | cause of action under which the Department or any employee or
| 8 | | agent of the Department shall be liable for damages to the | 9 | | inmate.
| 10 | | (4.1) Except as provided in paragraph (4.7) of this | 11 | | subsection (a), the rules and regulations shall also provide | 12 | | that an additional 90 days of sentence credit shall be awarded | 13 | | to any prisoner who passes high school equivalency testing | 14 | | while the prisoner is committed to the Department of | 15 | | Corrections. The sentence credit awarded under this paragraph | 16 | | (4.1) shall be in addition to, and shall not affect, the award | 17 | | of sentence credit under any other paragraph of this Section, | 18 | | but shall also be pursuant to the guidelines and restrictions | 19 | | set forth in paragraph (4) of subsection (a) of this Section.
| 20 | | The sentence credit provided for in this paragraph shall be | 21 | | available only to those prisoners who have not previously | 22 | | earned a high school diploma or a high school equivalency | 23 | | certificate. If, after an award of the high school equivalency | 24 | | testing sentence credit has been made, the Department | 25 | | determines that the prisoner was not eligible, then the award | 26 | | shall be revoked.
The Department may also award 90 days of |
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| 1 | | sentence credit to any committed person who passed high school | 2 | | equivalency testing while he or she was held in pre-trial | 3 | | detention prior to the current commitment to the Department of | 4 | | Corrections. | 5 | | Except as provided in paragraph (4.7) of this subsection | 6 | | (a), the rules and regulations shall provide that an additional | 7 | | 180 days of sentence credit shall be awarded to any prisoner | 8 | | who obtains a bachelor's degree while the prisoner is committed | 9 | | to the Department of Corrections. The sentence credit awarded | 10 | | under this paragraph (4.1) shall be in addition to, and shall | 11 | | not affect, the award of sentence credit under any other | 12 | | paragraph of this Section, but shall also be under the | 13 | | guidelines and restrictions set forth in paragraph (4) of this | 14 | | subsection (a). The sentence credit provided for in this | 15 | | paragraph shall be available only to those prisoners who have | 16 | | not earned a bachelor's degree prior to the current commitment | 17 | | to the Department of Corrections. If, after an award of the | 18 | | bachelor's degree sentence credit has been made, the Department | 19 | | determines that the prisoner was not eligible, then the award | 20 | | shall be revoked. The Department may also award 180 days of | 21 | | sentence credit to any committed person who earned a bachelor's | 22 | | degree while he or she was held in pre-trial detention prior to | 23 | | the current commitment to the Department of Corrections. | 24 | | Except as provided in paragraph (4.7) of this subsection | 25 | | (a), the rules and regulations shall provide that an additional | 26 | | 180 days of sentence credit shall be awarded to any prisoner |
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| 1 | | who obtains a master's or professional degree while the | 2 | | prisoner is committed to the Department of Corrections. The | 3 | | sentence credit awarded under this paragraph (4.1) shall be in | 4 | | addition to, and shall not affect, the award of sentence credit | 5 | | under any other paragraph of this Section, but shall also be | 6 | | under the guidelines and restrictions set forth in paragraph | 7 | | (4) of this subsection (a). The sentence credit provided for in | 8 | | this paragraph shall be available only to those prisoners who | 9 | | have not previously earned a master's or professional degree | 10 | | prior to the current commitment to the Department of | 11 | | Corrections. If, after an award of the master's or professional | 12 | | degree sentence credit has been made, the Department determines | 13 | | that the prisoner was not eligible, then the award shall be | 14 | | revoked. The Department may also award 180 days of sentence | 15 | | credit to any committed person who earned a master's or | 16 | | professional degree while he or she was held in pre-trial | 17 | | detention prior to the current commitment to the Department of | 18 | | Corrections. | 19 | | (4.5) The rules and regulations on sentence credit shall | 20 | | also provide that
when the court's sentencing order recommends | 21 | | a prisoner for substance abuse treatment and the
crime was | 22 | | committed on or after September 1, 2003 (the effective date of
| 23 | | Public Act 93-354), the prisoner shall receive no sentence | 24 | | credit awarded under clause (3) of this subsection (a) unless | 25 | | he or she participates in and
completes a substance abuse | 26 | | treatment program. The Director may waive the requirement to |
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| 1 | | participate in or complete a substance abuse treatment program | 2 | | in specific instances if the prisoner is not a good candidate | 3 | | for a substance abuse treatment program for medical, | 4 | | programming, or operational reasons. Availability of
substance | 5 | | abuse treatment shall be subject to the limits of fiscal | 6 | | resources
appropriated by the General Assembly for these | 7 | | purposes. If treatment is not
available and the requirement to | 8 | | participate and complete the treatment has not been waived by | 9 | | the Director, the prisoner shall be placed on a waiting list | 10 | | under criteria
established by the Department. The Director may | 11 | | allow a prisoner placed on
a waiting list to participate in and | 12 | | complete a substance abuse education class or attend substance
| 13 | | abuse self-help meetings in lieu of a substance abuse treatment | 14 | | program. A prisoner on a waiting list who is not placed in a | 15 | | substance abuse program prior to release may be eligible for a | 16 | | waiver and receive sentence credit under clause (3) of this | 17 | | subsection (a) at the discretion of the Director.
| 18 | | (4.6) The rules and regulations on sentence credit shall | 19 | | also provide that a prisoner who has been convicted of a sex | 20 | | offense as defined in Section 2 of the Sex Offender | 21 | | Registration Act shall receive no sentence credit unless he or | 22 | | she either has successfully completed or is participating in | 23 | | sex offender treatment as defined by the Sex Offender | 24 | | Management Board. However, prisoners who are waiting to receive | 25 | | treatment, but who are unable to do so due solely to the lack | 26 | | of resources on the part of the Department, may, at the |
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| 1 | | Director's sole discretion, be awarded sentence credit at a | 2 | | rate as the Director shall determine. | 3 | | (4.7) On or after the effective date of this amendatory Act | 4 | | of the 100th General Assembly, sentence credit under paragraph | 5 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 6 | | prisoner who is serving a sentence for an offense described in | 7 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 8 | | on or after the effective date of this amendatory Act of the | 9 | | 100th General Assembly; provided, the award of the credits | 10 | | under this paragraph (4.7) shall not reduce the sentence of the | 11 | | prisoner to less than the following amounts: | 12 | | (i) 85% of his or her sentence if the prisoner is | 13 | | required to serve 85% of his or her sentence; or | 14 | | (ii) 60% of his or her sentence if the prisoner is | 15 | | required to serve 75% of his or her sentence, except if the | 16 | | prisoner is serving a sentence for gunrunning his or her | 17 | | sentence shall not be reduced to less than 75%. | 18 | | (iii) 100% of his or her sentence if the prisoner is | 19 | | required to serve 100% of his or her sentence. | 20 | | (5) Whenever the Department is to release any inmate | 21 | | earlier than it
otherwise would because of a grant of earned | 22 | | sentence credit under paragraph (3) of subsection (a) of this | 23 | | Section given at any time during the term, the Department shall | 24 | | give
reasonable notice of the impending release not less than | 25 | | 14 days prior to the date of the release to the State's
| 26 | | Attorney of the county where the prosecution of the inmate took |
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| 1 | | place, and if applicable, the State's Attorney of the county | 2 | | into which the inmate will be released. The Department must | 3 | | also make identification information and a recent photo of the | 4 | | inmate being released accessible on the Internet by means of a | 5 | | hyperlink labeled "Community Notification of Inmate Early | 6 | | Release" on the Department's World Wide Web homepage.
The | 7 | | identification information shall include the inmate's: name, | 8 | | any known alias, date of birth, physical characteristics, | 9 | | commitment offense and county where conviction was imposed. The | 10 | | identification information shall be placed on the website | 11 | | within 3 days of the inmate's release and the information may | 12 | | not be removed until either: completion of the first year of | 13 | | mandatory supervised release or return of the inmate to custody | 14 | | of the Department.
| 15 | | (b) Whenever a person is or has been committed under
| 16 | | several convictions, with separate sentences, the sentences
| 17 | | shall be construed under Section 5-8-4 in granting and
| 18 | | forfeiting of sentence credit.
| 19 | | (c) The Department shall prescribe rules and regulations
| 20 | | for revoking sentence credit, including revoking sentence | 21 | | credit awarded under paragraph (3) of subsection (a) of this | 22 | | Section. The Department shall prescribe rules and regulations | 23 | | for suspending or reducing
the rate of accumulation of sentence | 24 | | credit for specific
rule violations, during imprisonment. | 25 | | These rules and regulations
shall provide that no inmate may be | 26 | | penalized more than one
year of sentence credit for any one |
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| 1 | | infraction.
| 2 | | When the Department seeks to revoke, suspend or reduce
the | 3 | | rate of accumulation of any sentence credits for
an alleged | 4 | | infraction of its rules, it shall bring charges
therefor | 5 | | against the prisoner sought to be so deprived of
sentence | 6 | | credits before the Prisoner Review Board as
provided in | 7 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 8 | | amount of credit at issue exceeds 30 days or
when during any 12 | 9 | | month period, the cumulative amount of
credit revoked exceeds | 10 | | 30 days except where the infraction is committed
or discovered | 11 | | within 60 days of scheduled release. In those cases,
the | 12 | | Department of Corrections may revoke up to 30 days of sentence | 13 | | credit.
The Board may subsequently approve the revocation of | 14 | | additional sentence credit, if the Department seeks to revoke | 15 | | sentence credit in
excess of 30 days. However, the Board shall | 16 | | not be empowered to review the
Department's decision with | 17 | | respect to the loss of 30 days of sentence
credit within any | 18 | | calendar year for any prisoner or to increase any penalty
| 19 | | beyond the length requested by the Department.
| 20 | | The Director of the Department of Corrections, in | 21 | | appropriate cases, may
restore up to 30 days of sentence | 22 | | credits which have been revoked, suspended
or reduced. Any | 23 | | restoration of sentence credits in excess of 30 days shall
be | 24 | | subject to review by the Prisoner Review Board. However, the | 25 | | Board may not
restore sentence credit in excess of the amount | 26 | | requested by the Director.
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| 1 | | Nothing contained in this Section shall prohibit the | 2 | | Prisoner Review Board
from ordering, pursuant to Section | 3 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 4 | | sentence imposed by the court that was not served due to the
| 5 | | accumulation of sentence credit.
| 6 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 7 | | federal court
against the State, the Department of Corrections, | 8 | | or the Prisoner Review Board,
or against any of
their officers | 9 | | or employees, and the court makes a specific finding that a
| 10 | | pleading, motion, or other paper filed by the prisoner is | 11 | | frivolous, the
Department of Corrections shall conduct a | 12 | | hearing to revoke up to
180 days of sentence credit by bringing | 13 | | charges against the prisoner
sought to be deprived of the | 14 | | sentence credits before the Prisoner Review
Board as provided | 15 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 16 | | prisoner has not accumulated 180 days of sentence credit at the
| 17 | | time of the finding, then the Prisoner Review Board may revoke | 18 | | all
sentence credit accumulated by the prisoner.
| 19 | | For purposes of this subsection (d):
| 20 | | (1) "Frivolous" means that a pleading, motion, or other | 21 | | filing which
purports to be a legal document filed by a | 22 | | prisoner in his or her lawsuit meets
any or all of the | 23 | | following criteria:
| 24 | | (A) it lacks an arguable basis either in law or in | 25 | | fact;
| 26 | | (B) it is being presented for any improper purpose, |
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| 1 | | such as to harass or
to cause unnecessary delay or | 2 | | needless increase in the cost of litigation;
| 3 | | (C) the claims, defenses, and other legal | 4 | | contentions therein are not
warranted by existing law | 5 | | or by a nonfrivolous argument for the extension,
| 6 | | modification, or reversal of existing law or the | 7 | | establishment of new law;
| 8 | | (D) the allegations and other factual contentions | 9 | | do not have
evidentiary
support or, if specifically so | 10 | | identified, are not likely to have evidentiary
support | 11 | | after a reasonable opportunity for further | 12 | | investigation or discovery;
or
| 13 | | (E) the denials of factual contentions are not | 14 | | warranted on the
evidence, or if specifically so | 15 | | identified, are not reasonably based on a lack
of | 16 | | information or belief.
| 17 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 18 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 19 | | action under
Article X of the Code of Civil Procedure or | 20 | | under federal law (28 U.S.C. 2254),
a petition for claim | 21 | | under the Court of Claims Act, an action under the
federal | 22 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 23 | | subsequent petition for post-conviction relief under | 24 | | Article 122 of the Code of Criminal Procedure of 1963 | 25 | | whether filed with or without leave of court or a second or | 26 | | subsequent petition for relief from judgment under Section |
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| 1 | | 2-1401 of the Code of Civil Procedure.
| 2 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 3 | | validity of Public Act 89-404.
| 4 | | (f) Whenever the Department is to release any inmate who | 5 | | has been convicted of a violation of an order of protection | 6 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012, earlier than it
otherwise would | 8 | | because of a grant of sentence credit, the Department, as a | 9 | | condition of release, shall require that the person, upon | 10 | | release, be placed under electronic surveillance as provided in | 11 | | Section 5-8A-7 of this Code. | 12 | | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | 13 | | 101-440, eff. 1-1-20 .)
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