[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB2899enr
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 sentence for reckless homicide committed on or
after the effective date of this amendatory Act shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
LRB9008364RCks
HB2899 Enrolled LRB9008364RCks
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
HB2899 Enrolled -2- LRB9008364RCks
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, other than those enumerated
14 in subdivision (a)(2) committed on or after the effective
15 date of this amendatory Act of 1995, and other than the
16 offense of reckless homicide as defined in subsection (e)
17 of Section 9-3 of the Criminal Code of 1961 committed on
18 or after the effective date of this amendatory Act of
19 1998, the rules and regulations shall provide that a
20 prisoner who is serving a term of imprisonment shall
21 receive one day of good conduct credit for each day of
22 his or her sentence of imprisonment or recommitment under
23 Section 3-3-9. Each day of good conduct credit shall
24 reduce by one day the prisoner's period of imprisonment
25 or recommitment under Section 3-3-9.
26 (2.2) A prisoner serving a term of natural life
27 imprisonment or a prisoner who has been sentenced to
28 death shall receive no good conduct credit.
29 (2.3) The rules and regulations on early release
30 shall provide that a prisoner who is serving sentence for
31 reckless homicide as defined in subsection (e) of Section
32 9-3 of the Criminal Code of 1961 committed on or after
33 the effective date of this amendatory Act of 1998 shall
34 receive no more than 4.5 days of good conduct credit for
HB2899 Enrolled -3- LRB9008364RCks
1 each month of his or her sentence of imprisonment.
2 (3) The rules and regulations shall also provide
3 that the Director may award up to 180 days additional
4 good conduct credit for meritorious service in specific
5 instances as the Director deems proper; except that no
6 more than 90 days of good conduct credit for meritorious
7 service shall be awarded to any prisoner who is serving a
8 sentence for conviction of first degree murder, reckless
9 homicide while under the influence of alcohol or any
10 other drug, aggravated kidnapping, kidnapping, predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, criminal sexual assault, deviate sexual
13 assault, aggravated criminal sexual abuse, aggravated
14 indecent liberties with a child, indecent liberties with
15 a child, child pornography, heinous battery, aggravated
16 battery of a spouse, aggravated battery of a spouse with
17 a firearm, stalking, aggravated stalking, aggravated
18 battery of a child, endangering the life or health of a
19 child, cruelty to a child, or narcotic racketeering.
20 Notwithstanding the foregoing, good conduct credit for
21 meritorious service shall not be awarded on a sentence of
22 imprisonment imposed for conviction of: (i) one of the
23 offenses enumerated in subdivision (a)(2) when the
24 offense is committed on or after the effective date of
25 this amendatory Act of 1995 or (ii) reckless homicide as
26 defined in subsection (e) of Section 9-3 of the Criminal
27 Code of 1961 when the offense is committed on or after
28 the effective date of this amendatory Act of 1998.
29 (4) The rules and regulations shall also provide
30 that the good conduct credit accumulated and retained
31 under paragraph (2.1) of subsection (a) of this Section
32 by any inmate during specific periods of time in which
33 such inmate is engaged full-time in substance abuse
34 programs, correctional industry assignments, or
HB2899 Enrolled -4- LRB9008364RCks
1 educational programs provided by the Department under
2 this paragraph (4) and satisfactorily completes the
3 assigned program as determined by the standards of the
4 Department, shall be multiplied by a factor of 1.25 for
5 program participation before the effective date of this
6 amendatory Act of 1993 and 1.50 for program participation
7 on or after that date. However, no inmate shall be
8 eligible for the additional good conduct credit under
9 this paragraph (4) while assigned to a boot camp, mental
10 health unit, or electronic detention, or if convicted of
11 an offense enumerated in paragraph (a)(2) of this Section
12 that is committed on or after the effective date of this
13 amendatory Act of 1995, or if convicted of reckless
14 homicide as defined in subsection (e) of Section 9-3 of
15 the Criminal Code of 1961 if the offense is committed on
16 or after the effective date of this amendatory Act of
17 1998, or first degree murder, a Class X felony, criminal
18 sexual assault, felony criminal sexual abuse, aggravated
19 criminal sexual abuse, aggravated battery with a firearm,
20 or any predecessor or successor offenses with the same or
21 substantially the same elements, or any inchoate offenses
22 relating to the foregoing offenses. No inmate shall be
23 eligible for the additional good conduct credit under
24 this paragraph (4) who (i) has previously received
25 increased good conduct credit under this paragraph (4)
26 and has subsequently been convicted of a felony, or (ii)
27 has previously served more than one prior sentence of
28 imprisonment for a felony in an adult correctional
29 facility.
30 Educational, vocational, substance abuse and
31 correctional industry programs under which good conduct
32 credit may be increased under this paragraph (4) shall be
33 evaluated by the Department on the basis of documented
34 standards. The Department shall report the results of
HB2899 Enrolled -5- LRB9008364RCks
1 these evaluations to the Governor and the General
2 Assembly by September 30th of each year. The reports
3 shall include data relating to the recidivism rate among
4 program participants.
5 Availability of these programs shall be subject to
6 the limits of fiscal resources appropriated by the
7 General Assembly for these purposes. Eligible inmates
8 who are denied immediate admission shall be placed on a
9 waiting list under criteria established by the
10 Department. The inability of any inmate to become engaged
11 in any such programs by reason of insufficient program
12 resources or for any other reason established under the
13 rules and regulations of the Department shall not be
14 deemed a cause of action under which the Department or
15 any employee or agent of the Department shall be liable
16 for damages to the inmate.
17 (5) Whenever the Department is to release any
18 inmate earlier than it otherwise would because of a grant
19 of good conduct credit for meritorious service given at
20 any time during the term, the Department shall give
21 reasonable advance notice of the impending release to the
22 State's Attorney of the county where the prosecution of
23 the inmate took place.
24 (b) Whenever a person is or has been committed under
25 several convictions, with separate sentences, the sentences
26 shall be construed under Section 5-8-4 in granting and
27 forfeiting of good time.
28 (c) The Department shall prescribe rules and regulations
29 for revoking good conduct credit, or suspending or reducing
30 the rate of accumulation of good conduct credit for specific
31 rule violations, during imprisonment. These rules and
32 regulations shall provide that no inmate may be penalized
33 more than one year of good conduct credit for any one
34 infraction.
HB2899 Enrolled -6- LRB9008364RCks
1 When the Department seeks to revoke, suspend or reduce
2 the rate of accumulation of any good conduct credits for an
3 alleged infraction of its rules, it shall bring charges
4 therefor against the prisoner sought to be so deprived of
5 good conduct credits before the Prisoner Review Board as
6 provided in subparagraph (a)(4) of Section 3-3-2 of this
7 Code, if the amount of credit at issue exceeds 30 days or
8 when during any 12 month period, the cumulative amount of
9 credit revoked exceeds 30 days except where the infraction is
10 committed or discovered within 60 days of scheduled release.
11 In those cases, the Department of Corrections may revoke up
12 to 30 days of good conduct credit. The Board may subsequently
13 approve the revocation of additional good conduct credit, if
14 the Department seeks to revoke good conduct credit in excess
15 of 30 days. However, the Board shall not be empowered to
16 review the Department's decision with respect to the loss of
17 30 days of good conduct credit within any calendar year for
18 any prisoner or to increase any penalty beyond the length
19 requested by the Department.
20 The Director of the Department of Corrections, in
21 appropriate cases, may restore up to 30 days good conduct
22 credits which have been revoked, suspended or reduced. Any
23 restoration of good conduct credits in excess of 30 days
24 shall be subject to review by the Prisoner Review Board.
25 However, the Board may not restore good conduct credit in
26 excess of the amount requested by the Director.
27 Nothing contained in this Section shall prohibit the
28 Prisoner Review Board from ordering, pursuant to Section
29 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
30 the sentence imposed by the court that was not served due to
31 the accumulation of good conduct credit.
32 (d) If a lawsuit is filed by a prisoner in an Illinois
33 or federal court against the State, the Department of
34 Corrections, or the Prisoner Review Board, or against any of
HB2899 Enrolled -7- LRB9008364RCks
1 their officers or employees, and the court makes a specific
2 finding that a pleading, motion, or other paper filed by the
3 prisoner is frivolous, the Department of Corrections shall
4 conduct a hearing to revoke up to 180 days of good conduct
5 credit by bringing charges against the prisoner sought to be
6 deprived of the good conduct credits before the Prisoner
7 Review Board as provided in subparagraph (a)(8) of Section
8 3-3-2 of this Code. If the prisoner has not accumulated 180
9 days of good conduct credit at the time of the finding, then
10 the Prisoner Review Board may revoke all good conduct credit
11 accumulated by the prisoner.
12 For purposes of this subsection (d):
13 (1) "Frivolous" means that a pleading, motion, or
14 other filing which purports to be a legal document filed
15 by a prisoner in his or her lawsuit meets any or all of
16 the following criteria:
17 (A) it lacks an arguable basis either in law
18 or in fact;
19 (B) it is being presented for any improper
20 purpose, such as to harass or to cause unnecessary
21 delay or needless increase in the cost of
22 litigation;
23 (C) the claims, defenses, and other legal
24 contentions therein are not warranted by existing
25 law or by a nonfrivolous argument for the extension,
26 modification, or reversal of existing law or the
27 establishment of new law;
28 (D) the allegations and other factual
29 contentions do not have evidentiary support or, if
30 specifically so identified, are not likely to have
31 evidentiary support after a reasonable opportunity
32 for further investigation or discovery; or
33 (E) the denials of factual contentions are not
34 warranted on the evidence, or if specifically so
HB2899 Enrolled -8- LRB9008364RCks
1 identified, are not reasonably based on a lack of
2 information or belief.
3 (2) "Lawsuit" means a petition for post conviction
4 relief under Article 122 of the Code of Criminal
5 Procedure of 1963, a motion pursuant to Section 116-3 of
6 the Code of Criminal Procedure of 1963, a habeas corpus
7 action under Article X of the Code of Civil Procedure or
8 under federal law (28 U.S.C. 2254), a petition for claim
9 under the Court of Claims Act or an action under the
10 federal Civil Rights Act (42 U.S.C. 1983).
11 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
12 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
13 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
15 Sec. 5-4-1. Sentencing Hearing.
16 (a) Except when the death penalty is sought under
17 hearing procedures otherwise specified, after a determination
18 of guilt, a hearing shall be held to impose the sentence.
19 However, prior to the imposition of sentence on an individual
20 being sentenced for an offense based upon a charge for a
21 violation of Section 11-501 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, the individual must
23 undergo a professional evaluation to determine if an alcohol
24 or other drug abuse problem exists and the extent of such a
25 problem. Programs conducting these evaluations shall be
26 licensed by the Department of Human Services. However, if
27 the individual is not a resident of Illinois, the court may,
28 in its discretion, accept an evaluation from a program in the
29 state of such individual's residence. The court may in its
30 sentencing order approve an eligible defendant for placement
31 in a Department of Corrections impact incarceration program
32 as provided in Section 5-8-1.1. At the hearing the court
33 shall:
HB2899 Enrolled -9- LRB9008364RCks
1 (1) consider the evidence, if any, received upon
2 the trial;
3 (2) consider any presentence reports;
4 (3) consider the financial impact of incarceration
5 based on the financial impact statement filed with the
6 clerk of the court by the Department of Corrections;
7 (4) consider evidence and information offered by
8 the parties in aggravation and mitigation;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a
13 violation of Section 11-501 of the Illinois Vehicle Code,
14 or a similar provision of a local ordinance, committed by
15 the defendant the opportunity to make a statement
16 concerning the impact on the victim and to offer evidence
17 in aggravation or mitigation; provided that the statement
18 and evidence offered in aggravation or mitigation must
19 first be prepared in writing in conjunction with the
20 State's Attorney before it may be presented orally at the
21 hearing. Any sworn testimony offered by the victim is
22 subject to the defendant's right to cross-examine. All
23 statements and evidence offered under this paragraph (7)
24 shall become part of the record of the court; and
25 (8) in cases of reckless homicide afford the
26 victim's spouse, guardians, parents or other immediate
27 family members an opportunity to make oral statements.
28 (b) All sentences shall be imposed by the judge based
29 upon his independent assessment of the elements specified
30 above and any agreement as to sentence reached by the
31 parties. The judge who presided at the trial or the judge
32 who accepted the plea of guilty shall impose the sentence
33 unless he is no longer sitting as a judge in that court.
34 Where the judge does not impose sentence at the same time on
HB2899 Enrolled -10- LRB9008364RCks
1 all defendants who are convicted as a result of being
2 involved in the same offense, the defendant or the State's
3 attorney may advise the sentencing court of the disposition
4 of any other defendants who have been sentenced.
5 (c) In imposing a sentence for a violent crime or for an
6 offense of operating or being in physical control of a
7 vehicle while under the influence of alcohol, any other drug
8 or any combination thereof, or a similar provision of a local
9 ordinance, when such offense resulted in the personal injury
10 to someone other than the defendant, the trial judge shall
11 specify on the record the particular evidence, information,
12 factors in mitigation and aggravation or other reasons that
13 led to his sentencing determination. The full verbatim record
14 of the sentencing hearing shall be filed with the clerk of
15 the court and shall be a public record.
16 (c-1) In imposing a sentence for the offense of
17 aggravated kidnapping for ransom, home invasion, armed
18 robbery, aggravated vehicular hijacking, aggravated discharge
19 of a firearm, or armed violence with a category I weapon or
20 category II weapon, the trial judge shall make a finding as
21 to whether the conduct leading to conviction for the offense
22 resulted in great bodily harm to a victim, and shall enter
23 that finding and the basis for that finding in the record.
24 (c-2) If the defendant is sentenced to prison, other
25 than when a sentence of natural life imprisonment or a
26 sentence of death is imposed, at the time the sentence is
27 imposed the judge shall state on the record in open court the
28 approximate period of time the defendant will serve in
29 custody according to the then current statutory rules and
30 regulations for early release found in Section 3-6-3 and
31 other related provisions of this Code. This statement is
32 intended solely to inform the public, has no legal effect on
33 the defendant's actual release, and may not be relied on by
34 the defendant on appeal.
HB2899 Enrolled -11- LRB9008364RCks
1 The judge's statement, to be given after pronouncing the
2 sentence, other than when the sentence is imposed for one of
3 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
4 shall include the following:
5 "The purpose of this statement is to inform the public of
6 the actual period of time this defendant is likely to spend
7 in prison as a result of this sentence. The actual period of
8 prison time served is determined by the statutes of Illinois
9 as applied to this sentence by the Illinois Department of
10 Corrections and the Illinois Prisoner Review Board. In this
11 case, assuming the defendant receives all of his or her good
12 conduct credit, the period of estimated actual custody is ...
13 years and ... months, less up to 180 days additional good
14 conduct credit for meritorious service. If the defendant,
15 because of his or her own misconduct or failure to comply
16 with the institutional regulations, does not receive those
17 credits, the actual time served in prison will be longer.
18 The defendant may also receive an additional one-half day
19 good conduct credit for each day of participation in
20 vocational, industry, substance abuse, and educational
21 programs as provided for by Illinois statute."
22 When the sentence is imposed for one of the offenses
23 enumerated in paragraph (a)(3) of Section 3-6-3, other than
24 when the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
26 or after the effective date of this amendatory Act of 1995,
27 and other than when the sentence is imposed for reckless
28 homicide as defined in subsection (e) of Section 9-3 of the
29 Criminal Code of 1961 if the offense was committed on or
30 after the effective date of this amendatory Act of 1998, the
31 judge's statement, to be given after pronouncing the
32 sentence, shall include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
HB2899 Enrolled -12- LRB9008364RCks
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, assuming the defendant receives all of his or her good
6 conduct credit, the period of estimated actual custody is ...
7 years and ... months, less up to 90 days additional good
8 conduct credit for meritorious service. If the defendant,
9 because of his or her own misconduct or failure to comply
10 with the institutional regulations, does not receive those
11 credits, the actual time served in prison will be longer.
12 The defendant may also receive an additional one-half day
13 good conduct credit for each day of participation in
14 vocational, industry, substance abuse, and educational
15 programs as provided for by Illinois statute."
16 When the sentence is imposed for one of the offenses
17 enumerated in paragraph (a)(2) of Section 3-6-3, other than
18 first degree murder, and the offense was committed on or
19 after the effective date of this amendatory Act of 1995, and
20 when the sentence is imposed for reckless homicide as defined
21 in subsection (e) of Section 9-3 of the Criminal Code of 1961
22 if the offense was committed on or after the effective date
23 of this amendatory Act of 1998, the judge's statement, to be
24 given after pronouncing the sentence, shall include the
25 following:
26 "The purpose of this statement is to inform the public of
27 the actual period of time this defendant is likely to spend
28 in prison as a result of this sentence. The actual period of
29 prison time served is determined by the statutes of Illinois
30 as applied to this sentence by the Illinois Department of
31 Corrections and the Illinois Prisoner Review Board. In this
32 case, the defendant is entitled to no more than 4 1/2 days of
33 good conduct credit for each month of his or her sentence of
34 imprisonment. Therefore, this defendant will serve at least
HB2899 Enrolled -13- LRB9008364RCks
1 85% of his or her sentence. Assuming the defendant receives
2 4 1/2 days credit for each month of his or her sentence, the
3 period of estimated actual custody is ... years and ...
4 months. If the defendant, because of his or her own
5 misconduct or failure to comply with the institutional
6 regulations receives lesser credit, the actual time served in
7 prison will be longer."
8 When a sentence of imprisonment is imposed for first
9 degree murder and the offense was committed on or after the
10 effective date of this amendatory Act of 1995, the judge's
11 statement, to be given after pronouncing the sentence, shall
12 include the following:
13 "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend
15 in prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois
17 as applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, the defendant is not entitled to good conduct credit.
20 Therefore, this defendant will serve 100% of his or her
21 sentence."
22 (d) When the defendant is committed to the Department of
23 Corrections, the State's Attorney shall and counsel for the
24 defendant may file a statement with the clerk of the court to
25 be transmitted to the department, agency or institution to
26 which the defendant is committed to furnish such department,
27 agency or institution with the facts and circumstances of the
28 offense for which the person was committed together with all
29 other factual information accessible to them in regard to the
30 person prior to his commitment relative to his habits,
31 associates, disposition and reputation and any other facts
32 and circumstances which may aid such department, agency or
33 institution during its custody of such person. The clerk
34 shall within 10 days after receiving any such statements
HB2899 Enrolled -14- LRB9008364RCks
1 transmit a copy to such department, agency or institution and
2 a copy to the other party, provided, however, that this shall
3 not be cause for delay in conveying the person to the
4 department, agency or institution to which he has been
5 committed.
6 (e) The clerk of the court shall transmit to the
7 department, agency or institution, if any, to which the
8 defendant is committed, the following:
9 (1) the sentence imposed;
10 (2) any statement by the court of the basis for
11 imposing the sentence;
12 (3) any presentence reports;
13 (4) the number of days, if any, which the defendant
14 has been in custody and for which he is entitled to
15 credit against the sentence, which information shall be
16 provided to the clerk by the sheriff;
17 (4.1) any finding of great bodily harm made by the
18 court with respect to an offense enumerated in subsection
19 (c-1);
20 (5) all statements filed under subsection (d) of
21 this Section;
22 (6) any medical or mental health records or
23 summaries of the defendant;
24 (7) the municipality where the arrest of the
25 offender or the commission of the offense has occurred,
26 where such municipality has a population of more than
27 25,000 persons;
28 (8) all statements made and evidence offered under
29 paragraph (7) of subsection (a) of this Section; and
30 (9) all additional matters which the court directs
31 the clerk to transmit.
32 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)