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90_SB0381ham001
LRB9001056RCksam02
1 AMENDMENT TO SENATE BILL 381
2 AMENDMENT NO. . Amend Senate Bill 381, on page 1,
3 line 1, by inserting "filing fees and" after "to"; and
4 on page 1, line 12, by changing "paper" to "filing that
5 purports to be a legal document"; and
6 on page 1, line 18, by changing "paper" to "filing that
7 purports to be a legal document"; and
8 by replacing lines 20 through 31 on page 1, and lines 1
9 through 7 on page 2 with the following:
10 "(b) "Frivolous" means that a pleading, motion, or other
11 filing which purports to be a legal document filed by a
12 prisoner in his or her lawsuit meets any or all of the
13 following criteria:
14 (1) it lacks an arguable basis either in law or in
15 fact;
16 (2) it is being presented for any improper purpose,
17 such as to harass or to cause unnecessary delay or
18 needless increase in the cost of litigation;
19 (3) the claims, defenses, and other legal
20 contentions therein are not warranted by existing law or
21 by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
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1 establishment of new law;
2 (4) the allegations and other factual contentions
3 do not have evidentiary support or, if specifically so
4 identified, are not likely to have evidentiary support
5 after a reasonable opportunity for further investigation
6 or discovery; or
7 (5) the denials of factual contentions are not
8 warranted on the evidence, or if specifically so
9 identified, are not reasonably based on a lack of
10 information or belief."; and
11 on page 2, line 21, by changing "paper" to "filing that
12 purports to be a legal document"; and
13 on page 2, line 24, by inserting "filing fees and" after
14 "all"; and
15 on page 3, line 15, by changing "paper" to "filing that
16 purports to be a legal document"; and
17 on page 3, line 20, by changing "paper" to "filing that
18 purports to be a legal document"; and
19 on page 3, line 21, by inserting "filing fees and" after
20 "of"; and
21 on page 4, line 20, by inserting ", 3-6-3," after "3-4-3";
22 and
23 on page 5, line 6, by inserting "filing fees and" after
24 "the"; and
25 on page 6, by inserting between lines 2 and 3 the following:
26 "(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
27 Sec. 3-6-3. Rules and Regulations for Early Release.
28 (a)(1) The Department of Corrections shall prescribe
29 rules and regulations for the early release on account of
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1 good conduct of persons committed to the Department which
2 shall be subject to review by the Prisoner Review Board.
3 (2) The rules and regulations on early release
4 shall provide, with respect to offenses committed on or
5 after the effective date of this amendatory Act of 1995,
6 the following:
7 (i) that a prisoner who is serving a term of
8 imprisonment for first degree murder shall receive
9 no good conduct credit and shall serve the entire
10 sentence imposed by the court;
11 (ii) that a prisoner serving a sentence for
12 attempt to commit first degree murder, solicitation
13 of murder, solicitation of murder for hire,
14 intentional homicide of an unborn child, predatory
15 criminal sexual assault of a child, aggravated
16 criminal sexual assault, criminal sexual assault,
17 aggravated kidnapping, aggravated battery with a
18 firearm, heinous battery, aggravated battery of a
19 senior citizen, or aggravated battery of a child
20 shall receive no more than 4.5 days of good conduct
21 credit for each month of his or her sentence of
22 imprisonment; and
23 (iii) that a prisoner serving a sentence for
24 home invasion, armed robbery, aggravated vehicular
25 hijacking, aggravated discharge of a firearm, or
26 armed violence with a category I weapon or category
27 II weapon, when the court has made and entered a
28 finding, pursuant to subsection (c-1) of Section
29 5-4-1 of this Code, that the conduct leading to
30 conviction for the enumerated offense resulted in
31 great bodily harm to a victim, shall receive no more
32 than 4.5 days of good conduct credit for each month
33 of his or her sentence of imprisonment.
34 (2.1) For all offenses, other than those enumerated
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1 in subdivision (a)(2) committed on or after the effective
2 date of this amendatory Act of 1995, the rules and
3 regulations shall provide that a prisoner who is serving
4 a term of imprisonment shall receive one day of good
5 conduct credit for each day of his or her sentence of
6 imprisonment or recommitment under Section 3-3-9. Each
7 day of good conduct credit shall reduce by one day the
8 prisoner's period of imprisonment or recommitment under
9 Section 3-3-9.
10 (2.2) A prisoner serving a term of natural life
11 imprisonment or a prisoner who has been sentenced to
12 death shall receive no good conduct credit.
13 (3) The rules and regulations shall also provide
14 that the Director may award up to 180 days additional
15 good conduct credit for meritorious service in specific
16 instances as the Director deems proper; except that no
17 more than 90 days of good conduct credit for meritorious
18 service shall be awarded to any prisoner who is serving a
19 sentence for conviction of first degree murder, reckless
20 homicide while under the influence of alcohol or any
21 other drug, aggravated kidnapping, kidnapping, predatory
22 criminal sexual assault of a child, aggravated criminal
23 sexual assault, criminal sexual assault, deviate sexual
24 assault, aggravated criminal sexual abuse, aggravated
25 indecent liberties with a child, indecent liberties with
26 a child, child pornography, heinous battery, aggravated
27 battery of a spouse, aggravated battery of a spouse with
28 a firearm, stalking, aggravated stalking, aggravated
29 battery of a child, endangering the life or health of a
30 child, cruelty to a child, or narcotic racketeering.
31 Notwithstanding the foregoing, good conduct credit for
32 meritorious service shall not be awarded on a sentence of
33 imprisonment imposed for conviction of one of the
34 offenses enumerated in subdivision (a)(2) when the
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1 offense is committed on or after the effective date of
2 this amendatory Act of 1995.
3 (4) The rules and regulations shall also provide
4 that the good conduct credit accumulated and retained
5 under paragraph (2.1) of subsection (a) of this Section
6 by any inmate during specific periods of time in which
7 such inmate is engaged full-time in substance abuse
8 programs, correctional industry assignments, or
9 educational programs provided by the Department under
10 this paragraph (4) and satisfactorily completes the
11 assigned program as determined by the standards of the
12 Department, shall be multiplied by a factor of 1.25 for
13 program participation before the effective date of this
14 amendatory Act of 1993 and 1.50 for program participation
15 on or after that date. However, no inmate shall be
16 eligible for the additional good conduct credit under
17 this paragraph (4) while assigned to a boot camp, mental
18 health unit, or electronic detention, or if convicted of
19 an offense enumerated in paragraph (a)(2) of this Section
20 that is committed on or after the effective date of this
21 amendatory Act of 1995, or first degree murder, a Class X
22 felony, criminal sexual assault, felony criminal sexual
23 abuse, aggravated criminal sexual abuse, aggravated
24 battery with a firearm, or any predecessor or successor
25 offenses with the same or substantially the same
26 elements, or any inchoate offenses relating to the
27 foregoing offenses. No inmate shall be eligible for the
28 additional good conduct credit under this paragraph (4)
29 who (i) has previously received increased good conduct
30 credit under this paragraph (4) and has subsequently been
31 convicted of a felony, or (ii) has previously served more
32 than one prior sentence of imprisonment for a felony in
33 an adult correctional facility.
34 Educational, vocational, substance abuse and
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1 correctional industry programs under which good conduct
2 credit may be increased under this paragraph (4) shall be
3 evaluated by the Department on the basis of documented
4 standards. The Department shall report the results of
5 these evaluations to the Governor and the General
6 Assembly by September 30th of each year. The reports
7 shall include data relating to the recidivism rate among
8 program participants.
9 Availability of these programs shall be subject to
10 the limits of fiscal resources appropriated by the
11 General Assembly for these purposes. Eligible inmates
12 who are denied immediate admission shall be placed on a
13 waiting list under criteria established by the
14 Department. The inability of any inmate to become engaged
15 in any such programs by reason of insufficient program
16 resources or for any other reason established under the
17 rules and regulations of the Department shall not be
18 deemed a cause of action under which the Department or
19 any employee or agent of the Department shall be liable
20 for damages to the inmate.
21 (5) Whenever the Department is to release any
22 inmate earlier than it otherwise would because of a grant
23 of good conduct credit for meritorious service given at
24 any time during the term, the Department shall give
25 reasonable advance notice of the impending release to the
26 State's Attorney of the county where the prosecution of
27 the inmate took place.
28 (b) Whenever a person is or has been committed under
29 several convictions, with separate sentences, the sentences
30 shall be construed under Section 5-8-4 in granting and
31 forfeiting of good time.
32 (c) The Department shall prescribe rules and regulations
33 for revoking good conduct credit, or suspending or reducing
34 the rate of accumulation of good conduct credit for specific
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1 rule violations, during imprisonment. These rules and
2 regulations shall provide that no inmate may be penalized
3 more than one year of good conduct credit for any one
4 infraction.
5 When the Department seeks to revoke, suspend or reduce
6 the rate of accumulation of any good conduct credits for an
7 alleged infraction of its rules, it shall bring charges
8 therefor against the prisoner sought to be so deprived of
9 good conduct credits before the Prisoner Review Board as
10 provided in subparagraph (a)(4) of Section 3-3-2 of this
11 Code, if the amount of credit at issue exceeds 30 days or
12 when during any 12 month period, the cumulative amount of
13 credit revoked exceeds 30 days except where the infraction is
14 committed or discovered within 60 days of scheduled release.
15 In those cases, the Department of Corrections may revoke up
16 to 30 days of good conduct credit. The Board may subsequently
17 approve the revocation of additional good conduct credit, if
18 the Department seeks to revoke good conduct credit in excess
19 of 30 days. However, the Board shall not be empowered to
20 review the Department's decision with respect to the loss of
21 30 days of good conduct credit within any calendar year for
22 any prisoner or to increase any penalty beyond the length
23 requested by the Department.
24 The Director of the Department of Corrections, in
25 appropriate cases, may restore up to 30 days good conduct
26 credits which have been revoked, suspended or reduced. Any
27 restoration of good conduct credits in excess of 30 days
28 shall be subject to review by the Prisoner Review Board.
29 However, the Board may not restore good conduct credit in
30 excess of the amount requested by the Director.
31 Nothing contained in this Section shall prohibit the
32 Prisoner Review Board from ordering, pursuant to Section
33 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
34 the sentence imposed by the court that was not served due to
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1 the accumulation of good conduct credit.
2 (d) If a lawsuit is filed by a prisoner in an Illinois
3 or federal court against the State, the Department of
4 Corrections, or the Prisoner Review Board, or against any of
5 their officers or employees, and the court makes a specific
6 finding that a pleading, motion, or other paper filed by the
7 prisoner is frivolous, the Department of Corrections shall
8 conduct a hearing to revoke up to 180 days of good conduct
9 credit by bringing charges against the prisoner sought to be
10 deprived of the good conduct credits before the Prisoner
11 Review Board as provided in subparagraph (a)(8) of Section
12 3-3-2 of this Code. If the prisoner has not accumulated 180
13 days of good conduct credit at the time of the finding, then
14 the Prisoner Review Board may revoke all good conduct credit
15 accumulated by the prisoner.
16 For purposes of this subsection (d):
17 (1) "Frivolous" means that a pleading, motion, or
18 other filing which purports to be a legal document filed
19 by a prisoner in his or her lawsuit meets any or all of
20 the following criteria:
21 (A) it lacks an arguable basis either in law
22 or in fact;
23 (B) it is being presented for any improper
24 purpose, such as to harass or to cause unnecessary
25 delay or needless increase in the cost of
26 litigation;
27 (C) the claims, defenses, and other legal
28 contentions therein are not warranted by existing
29 law or by a nonfrivolous argument for the extension,
30 modification, or reversal of existing law or the
31 establishment of new law;
32 (D) the allegations and other factual
33 contentions do not have evidentiary support or, if
34 specifically so identified, are not likely to have
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1 evidentiary support after a reasonable opportunity
2 for further investigation or discovery; or
3 (E) the denials of factual contentions are not
4 warranted on the evidence, or if specifically so
5 identified, are not reasonably based on a lack of
6 information or belief. "Frivolous" means that a
7 pleading, motion, or other paper filed by a prisoner
8 in his or her lawsuit does not meet the following
9 criteria:
10 (A) it is not being presented for any improper
11 purpose, such as to harass or to cause unnecessary
12 delay or needless increase in the cost of
13 litigation;
14 (B) the claims, defenses, and other legal
15 contentions therein are warranted by existing law or
16 by a nonfrivolous argument for the extension,
17 modification, or reversal of existing law or the
18 establishment of new law;
19 (C) the allegations and other factual
20 contentions have evidentiary support or, if
21 specifically so identified, are likely to have
22 evidentiary support after a reasonable opportunity
23 for further investigation or discovery; and
24 (D) the denials of factual contentions are
25 warranted on the evidence or, if specifically so
26 identified, are reasonably based on a lack of
27 information or belief.
28 (2) "Lawsuit" means a petition for post conviction
29 relief under Article 122 of the Code of Criminal
30 Procedure of 1963, a habeas corpus action under Article X
31 of the Code of Civil Procedure or under federal law (28
32 U.S.C. 2254), a petition for claim under the Court of
33 Claims Act or an action under the federal Civil Rights
34 Act (42 U.S.C. 1983).
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1 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
2 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
3 89-656, eff. 1-1-97.)"; and
4 on page 6, line 15, by replacing "a portion" with "50%"; and
5 on page 6, line 16, by changing "cost" to "filing fees and
6 costs"; and
7 on page 6, line 17, by inserting "until all fees and costs
8 are paid in full" after "Article"; and
9 on page 7, line 1, by replacing, "paper" with "filing that
10 purports to be a legal document"; and
11 on page 7, line 10, by changing "of" to "of filing fees and";
12 and
13 on page 7, line 13, by replacing "20%" with "50% of the
14 average monthly balance of the prisoner's trust fund account
15 for the past 6 months"; and
16 on page 7, line 14, by replacing "20%" with "50%"; and
17 on page 7, line 19, by deleting "annually"; and
18 on page 7, line 20, by deleting "before January 31"; and
19 by replacing lines 29 through 34 on page 7 and lines 1
20 through 13 on page 8 with the following:
21 "(b) In this Section, "frivolous" means that a pleading,
22 motion, or other filing which purports to be a legal document
23 filed by a prisoner in his or her lawsuit meets any or all of
24 the following criteria:
25 (1) it lacks an arguable basis either in law or in
26 fact;
27 (2) it is being presented for any improper purpose,
28 such as to harass or to cause unnecessary delay or
29 needless increase in the cost of litigation;
-11- LRB9001056RCksam02
1 (3) the claims, defenses, and other legal
2 contentions therein are not warranted by existing law or
3 by a nonfrivolous argument for the extension,
4 modification, or reversal of existing law or the
5 establishment of new law;
6 (4) the allegations and other factual contentions
7 do not have evidentiary support or, if specifically so
8 identified, are not likely to have evidentiary support
9 after a reasonable opportunity for further investigation
10 or discovery; or
11 (5) the denials of factual contentions are not
12 warranted on the evidence, or if specifically so
13 identified, are not reasonably based on a lack of
14 information or belief.".