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90_HB2537
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Provides that a
person serving a sentence for an offense committed on or
after the effective date of this amendatory Act, other than
first degree murder or an offense in which the defendant was
sentenced to death or natural life imprisonment, shall
receive no more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment (now these
defendants may receive one day of good conduct credit for
each day of their sentences of imprisonment, plus additional
days for meritorious service and for participation full-time
in substance abuse programs, correctional industry
assignments, or educational programs).
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.1) For all offenses committed before the
14 effective date of this amendatory Act of 1998, other than
15 those enumerated in subdivision (a)(2) committed on or
16 after the effective date of this amendatory Act of 1995,
17 the rules and regulations shall provide that a prisoner
18 who is serving a term of imprisonment shall receive one
19 day of good conduct credit for each day of his or her
20 sentence of imprisonment or recommitment under Section
21 3-3-9. Each day of good conduct credit shall reduce by
22 one day the prisoner's period of imprisonment or
23 recommitment under Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (2.3) For all offenses, other than those enumerated
28 in subdivision (a)(2)(i) or (a)(2.2), committed on or
29 after the effective date of this amendatory Act of 1998,
30 the rules and regulations shall provide that a prisoner
31 who is serving a term of imprisonment shall receive no
32 more than 4.5 days of good conduct credit for each month
33 of his or her sentence of imprisonment.
34 (3) The rules and regulations shall also provide
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1 that the Director may award up to 180 days additional
2 good conduct credit for meritorious service in specific
3 instances as the Director deems proper; except that no
4 more than 90 days of good conduct credit for meritorious
5 service shall be awarded to any prisoner who is serving a
6 sentence for conviction of first degree murder, reckless
7 homicide while under the influence of alcohol or any
8 other drug, aggravated kidnapping, kidnapping, predatory
9 criminal sexual assault of a child, aggravated criminal
10 sexual assault, criminal sexual assault, deviate sexual
11 assault, aggravated criminal sexual abuse, aggravated
12 indecent liberties with a child, indecent liberties with
13 a child, child pornography, heinous battery, aggravated
14 battery of a spouse, aggravated battery of a spouse with
15 a firearm, stalking, aggravated stalking, aggravated
16 battery of a child, endangering the life or health of a
17 child, cruelty to a child, or narcotic racketeering.
18 Notwithstanding the foregoing, good conduct credit for
19 meritorious service shall not be awarded on a sentence of
20 imprisonment imposed for conviction of one of the
21 offenses enumerated in: (i) subdivision (a)(2) when the
22 offense is committed on or after the effective date of
23 this amendatory Act of 1995 or (ii) subdivision (a)(2.3)
24 when the offense is committed on or after the effective
25 date of this amendatory Act of 1998.
26 (4) The rules and regulations shall also provide
27 that the good conduct credit accumulated and retained
28 under paragraph (2.1) of subsection (a) of this Section
29 by any inmate during specific periods of time in which
30 such inmate is engaged full-time in substance abuse
31 programs, correctional industry assignments, or
32 educational programs provided by the Department under
33 this paragraph (4) and satisfactorily completes the
34 assigned program as determined by the standards of the
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1 Department, shall be multiplied by a factor of 1.25 for
2 program participation before the effective date of this
3 amendatory Act of 1993 and 1.50 for program participation
4 on or after that date. However, no inmate shall be
5 eligible for the additional good conduct credit under
6 this paragraph (4) while assigned to a boot camp, mental
7 health unit, or electronic detention, or if convicted of
8 an offense enumerated in paragraph (a)(2) of this Section
9 that is committed on or after the effective date of this
10 amendatory Act of 1995, or if convicted of an offense
11 enumerated in paragraph (a)(2.3) of this Section that is
12 committed on or after the effective date of this
13 amendatory Act of 1998, or first degree murder, a Class X
14 felony, criminal sexual assault, felony criminal sexual
15 abuse, aggravated criminal sexual abuse, aggravated
16 battery with a firearm, or any predecessor or successor
17 offenses with the same or substantially the same
18 elements, or any inchoate offenses relating to the
19 foregoing offenses. No inmate shall be eligible for the
20 additional good conduct credit under this paragraph (4)
21 who (i) has previously received increased good conduct
22 credit under this paragraph (4) and has subsequently been
23 convicted of a felony, or (ii) has previously served more
24 than one prior sentence of imprisonment for a felony in
25 an adult correctional facility.
26 Educational, vocational, substance abuse and
27 correctional industry programs under which good conduct
28 credit may be increased under this paragraph (4) shall be
29 evaluated by the Department on the basis of documented
30 standards. The Department shall report the results of
31 these evaluations to the Governor and the General
32 Assembly by September 30th of each year. The reports
33 shall include data relating to the recidivism rate among
34 program participants.
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1 Availability of these programs shall be subject to
2 the limits of fiscal resources appropriated by the
3 General Assembly for these purposes. Eligible inmates
4 who are denied immediate admission shall be placed on a
5 waiting list under criteria established by the
6 Department. The inability of any inmate to become engaged
7 in any such programs by reason of insufficient program
8 resources or for any other reason established under the
9 rules and regulations of the Department shall not be
10 deemed a cause of action under which the Department or
11 any employee or agent of the Department shall be liable
12 for damages to the inmate.
13 (5) Whenever the Department is to release any
14 inmate earlier than it otherwise would because of a grant
15 of good conduct credit for meritorious service given at
16 any time during the term, the Department shall give
17 reasonable advance notice of the impending release to the
18 State's Attorney of the county where the prosecution of
19 the inmate took place.
20 (b) Whenever a person is or has been committed under
21 several convictions, with separate sentences, the sentences
22 shall be construed under Section 5-8-4 in granting and
23 forfeiting of good time.
24 (c) The Department shall prescribe rules and regulations
25 for revoking good conduct credit, or suspending or reducing
26 the rate of accumulation of good conduct credit for specific
27 rule violations, during imprisonment. These rules and
28 regulations shall provide that no inmate may be penalized
29 more than one year of good conduct credit for any one
30 infraction.
31 When the Department seeks to revoke, suspend or reduce
32 the rate of accumulation of any good conduct credits for an
33 alleged infraction of its rules, it shall bring charges
34 therefor against the prisoner sought to be so deprived of
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1 good conduct credits before the Prisoner Review Board as
2 provided in subparagraph (a)(4) of Section 3-3-2 of this
3 Code, if the amount of credit at issue exceeds 30 days or
4 when during any 12 month period, the cumulative amount of
5 credit revoked exceeds 30 days except where the infraction is
6 committed or discovered within 60 days of scheduled release.
7 In those cases, the Department of Corrections may revoke up
8 to 30 days of good conduct credit. The Board may subsequently
9 approve the revocation of additional good conduct credit, if
10 the Department seeks to revoke good conduct credit in excess
11 of 30 days. However, the Board shall not be empowered to
12 review the Department's decision with respect to the loss of
13 30 days of good conduct credit within any calendar year for
14 any prisoner or to increase any penalty beyond the length
15 requested by the Department.
16 The Director of the Department of Corrections, in
17 appropriate cases, may restore up to 30 days good conduct
18 credits which have been revoked, suspended or reduced. Any
19 restoration of good conduct credits in excess of 30 days
20 shall be subject to review by the Prisoner Review Board.
21 However, the Board may not restore good conduct credit in
22 excess of the amount requested by the Director.
23 Nothing contained in this Section shall prohibit the
24 Prisoner Review Board from ordering, pursuant to Section
25 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
26 the sentence imposed by the court that was not served due to
27 the accumulation of good conduct credit.
28 (d) If a lawsuit is filed by a prisoner in an Illinois
29 or federal court against the State, the Department of
30 Corrections, or the Prisoner Review Board, or against any of
31 their officers or employees, and the court makes a specific
32 finding that a pleading, motion, or other paper filed by the
33 prisoner is frivolous, the Department of Corrections shall
34 conduct a hearing to revoke up to 180 days of good conduct
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1 credit by bringing charges against the prisoner sought to be
2 deprived of the good conduct credits before the Prisoner
3 Review Board as provided in subparagraph (a)(8) of Section
4 3-3-2 of this Code. If the prisoner has not accumulated 180
5 days of good conduct credit at the time of the finding, then
6 the Prisoner Review Board may revoke all good conduct credit
7 accumulated by the prisoner.
8 For purposes of this subsection (d):
9 (1) "Frivolous" means that a pleading, motion, or
10 other filing which purports to be a legal document filed
11 by a prisoner in his or her lawsuit meets any or all of
12 the following criteria:
13 (A) it lacks an arguable basis either in law
14 or in fact;
15 (B) it is being presented for any improper
16 purpose, such as to harass or to cause unnecessary
17 delay or needless increase in the cost of
18 litigation;
19 (C) the claims, defenses, and other legal
20 contentions therein are not warranted by existing
21 law or by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
23 establishment of new law;
24 (D) the allegations and other factual
25 contentions do not have evidentiary support or, if
26 specifically so identified, are not likely to have
27 evidentiary support after a reasonable opportunity
28 for further investigation or discovery; or
29 (E) the denials of factual contentions are not
30 warranted on the evidence, or if specifically so
31 identified, are not reasonably based on a lack of
32 information or belief.
33 (2) "Lawsuit" means a petition for post conviction
34 relief under Article 122 of the Code of Criminal
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1 Procedure of 1963, a motion pursuant to Section 116-3 of
2 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 or an action under the
6 federal Civil Rights Act (42 U.S.C. 1983).
7 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
9 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
10 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
11 Sec. 5-4-1. Sentencing Hearing.
12 (a) Except when the death penalty is sought under
13 hearing procedures otherwise specified, after a determination
14 of guilt, a hearing shall be held to impose the sentence.
15 However, prior to the imposition of sentence on an individual
16 being sentenced for an offense based upon a charge for a
17 violation of Section 11-501 of the Illinois Vehicle Code or a
18 similar provision of a local ordinance, the individual must
19 undergo a professional evaluation to determine if an alcohol
20 or other drug abuse problem exists and the extent of such a
21 problem. Programs conducting these evaluations shall be
22 licensed by the Department of Human Services. However, if
23 the individual is not a resident of Illinois, the court may,
24 in its discretion, accept an evaluation from a program in the
25 state of such individual's residence. The court may in its
26 sentencing order approve an eligible defendant for placement
27 in a Department of Corrections impact incarceration program
28 as provided in Section 5-8-1.1. At the hearing the court
29 shall:
30 (1) consider the evidence, if any, received upon
31 the trial;
32 (2) consider any presentence reports;
33 (3) consider the financial impact of incarceration
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1 based on the financial impact statement filed with the
2 clerk of the court by the Department of Corrections;
3 (4) consider evidence and information offered by
4 the parties in aggravation and mitigation;
5 (5) hear arguments as to sentencing alternatives;
6 (6) afford the defendant the opportunity to make a
7 statement in his own behalf;
8 (7) afford the victim of a violent crime or a
9 violation of Section 11-501 of the Illinois Vehicle Code,
10 or a similar provision of a local ordinance, committed by
11 the defendant the opportunity to make a statement
12 concerning the impact on the victim and to offer evidence
13 in aggravation or mitigation; provided that the statement
14 and evidence offered in aggravation or mitigation must
15 first be prepared in writing in conjunction with the
16 State's Attorney before it may be presented orally at the
17 hearing. Any sworn testimony offered by the victim is
18 subject to the defendant's right to cross-examine. All
19 statements and evidence offered under this paragraph (7)
20 shall become part of the record of the court; and
21 (8) in cases of reckless homicide afford the
22 victim's spouse, guardians, parents or other immediate
23 family members an opportunity to make oral statements.
24 (b) All sentences shall be imposed by the judge based
25 upon his independent assessment of the elements specified
26 above and any agreement as to sentence reached by the
27 parties. The judge who presided at the trial or the judge
28 who accepted the plea of guilty shall impose the sentence
29 unless he is no longer sitting as a judge in that court.
30 Where the judge does not impose sentence at the same time on
31 all defendants who are convicted as a result of being
32 involved in the same offense, the defendant or the State's
33 attorney may advise the sentencing court of the disposition
34 of any other defendants who have been sentenced.
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1 (c) In imposing a sentence for a violent crime or for an
2 offense of operating or being in physical control of a
3 vehicle while under the influence of alcohol, any other drug
4 or any combination thereof, or a similar provision of a local
5 ordinance, when such offense resulted in the personal injury
6 to someone other than the defendant, the trial judge shall
7 specify on the record the particular evidence, information,
8 factors in mitigation and aggravation or other reasons that
9 led to his sentencing determination. The full verbatim record
10 of the sentencing hearing shall be filed with the clerk of
11 the court and shall be a public record.
12 (c-1) In imposing a sentence for the offense of
13 aggravated kidnapping for ransom, home invasion, armed
14 robbery, aggravated vehicular hijacking, aggravated discharge
15 of a firearm, or armed violence with a category I weapon or
16 category II weapon, the trial judge shall make a finding as
17 to whether the conduct leading to conviction for the offense
18 resulted in great bodily harm to a victim, and shall enter
19 that finding and the basis for that finding in the record.
20 (c-2) If the defendant is sentenced to prison, other
21 than when a sentence of natural life imprisonment or a
22 sentence of death is imposed, at the time the sentence is
23 imposed the judge shall state on the record in open court the
24 approximate period of time the defendant will serve in
25 custody according to the then current statutory rules and
26 regulations for early release found in Section 3-6-3 and
27 other related provisions of this Code. This statement is
28 intended solely to inform the public, has no legal effect on
29 the defendant's actual release, and may not be relied on by
30 the defendant on appeal.
31 The judge's statement, to be given after pronouncing the
32 sentence for an offense committed before the effective date
33 of this amendatory Act of 1998, other than when the sentence
34 is imposed for one of the offenses enumerated in paragraph
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1 (a)(3) of Section 3-6-3, shall include the following:
2 "The purpose of this statement is to inform the public of
3 the actual period of time this defendant is likely to spend
4 in prison as a result of this sentence. The actual period of
5 prison time served is determined by the statutes of Illinois
6 as applied to this sentence by the Illinois Department of
7 Corrections and the Illinois Prisoner Review Board. In this
8 case, assuming the defendant receives all of his or her good
9 conduct credit, the period of estimated actual custody is ...
10 years and ... months, less up to 180 days additional good
11 conduct credit for meritorious service. If the defendant,
12 because of his or her own misconduct or failure to comply
13 with the institutional regulations, does not receive those
14 credits, the actual time served in prison will be longer.
15 The defendant may also receive an additional one-half day
16 good conduct credit for each day of participation in
17 vocational, industry, substance abuse, and educational
18 programs as provided for by Illinois statute."
19 When the sentence is imposed for one of the offenses
20 enumerated in paragraph (a)(3) of Section 3-6-3 committed
21 before the effective date of this amendatory Act of 1998,
22 other than when the sentence is imposed for one of the
23 offenses enumerated in paragraph (a)(2) of Section 3-6-3
24 committed on or after the effective date of this amendatory
25 Act of 1995, the judge's statement, to be given after
26 pronouncing the sentence, shall include the following:
27 "The purpose of this statement is to inform the public of
28 the actual period of time this defendant is likely to spend
29 in prison as a result of this sentence. The actual period of
30 prison time served is determined by the statutes of Illinois
31 as applied to this sentence by the Illinois Department of
32 Corrections and the Illinois Prisoner Review Board. In this
33 case, assuming the defendant receives all of his or her good
34 conduct credit, the period of estimated actual custody is ...
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1 years and ... months, less up to 90 days additional good
2 conduct credit for meritorious service. If the defendant,
3 because of his or her own misconduct or failure to comply
4 with the institutional regulations, does not receive those
5 credits, the actual time served in prison will be longer.
6 The defendant may also receive an additional one-half day
7 good conduct credit for each day of participation in
8 vocational, industry, substance abuse, and educational
9 programs as provided for by Illinois statute."
10 When the sentence is imposed for one of the offenses
11 enumerated in paragraph (a)(2) of Section 3-6-3, other than
12 first degree murder, and the offense was committed on or
13 after the effective date of this amendatory Act of 1995, or
14 when the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(2.3) of Section 3-6-3 committed
16 on or after the effective date of this amendatory Act of
17 1998, the judge's statement, to be given after pronouncing
18 the sentence, shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, the defendant is entitled to no more than 4 1/2 days of
26 good conduct credit for each month of his or her sentence of
27 imprisonment. Therefore, this defendant will serve at least
28 85% of his or her sentence. Assuming the defendant receives
29 4 1/2 days credit for each month of his or her sentence, the
30 period of estimated actual custody is ... years and ...
31 months. If the defendant, because of his or her own
32 misconduct or failure to comply with the institutional
33 regulations receives lesser credit, the actual time served in
34 prison will be longer."
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1 When a sentence of imprisonment is imposed for first
2 degree murder and the offense was committed on or after the
3 effective date of this amendatory Act of 1995, the judge's
4 statement, to be given after pronouncing the sentence, shall
5 include the following:
6 "The purpose of this statement is to inform the public of
7 the actual period of time this defendant is likely to spend
8 in prison as a result of this sentence. The actual period of
9 prison time served is determined by the statutes of Illinois
10 as applied to this sentence by the Illinois Department of
11 Corrections and the Illinois Prisoner Review Board. In this
12 case, the defendant is not entitled to good conduct credit.
13 Therefore, this defendant will serve 100% of his or her
14 sentence."
15 (d) When the defendant is committed to the Department of
16 Corrections, the State's Attorney shall and counsel for the
17 defendant may file a statement with the clerk of the court to
18 be transmitted to the department, agency or institution to
19 which the defendant is committed to furnish such department,
20 agency or institution with the facts and circumstances of the
21 offense for which the person was committed together with all
22 other factual information accessible to them in regard to the
23 person prior to his commitment relative to his habits,
24 associates, disposition and reputation and any other facts
25 and circumstances which may aid such department, agency or
26 institution during its custody of such person. The clerk
27 shall within 10 days after receiving any such statements
28 transmit a copy to such department, agency or institution and
29 a copy to the other party, provided, however, that this shall
30 not be cause for delay in conveying the person to the
31 department, agency or institution to which he has been
32 committed.
33 (e) The clerk of the court shall transmit to the
34 department, agency or institution, if any, to which the
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1 defendant is committed, the following:
2 (1) the sentence imposed;
3 (2) any statement by the court of the basis for
4 imposing the sentence;
5 (3) any presentence reports;
6 (4) the number of days, if any, which the defendant
7 has been in custody and for which he is entitled to
8 credit against the sentence, which information shall be
9 provided to the clerk by the sheriff;
10 (4.1) any finding of great bodily harm made by the
11 court with respect to an offense enumerated in subsection
12 (c-1);
13 (5) all statements filed under subsection (d) of
14 this Section;
15 (6) any medical or mental health records or
16 summaries of the defendant;
17 (7) the municipality where the arrest of the
18 offender or the commission of the offense has occurred,
19 where such municipality has a population of more than
20 25,000 persons;
21 (8) all statements made and evidence offered under
22 paragraph (7) of subsection (a) of this Section; and
23 (9) all additional matters which the court directs
24 the clerk to transmit.
25 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)