[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4625
LRB9112038RCpk
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
10 prescribe rules and regulations for the early release on
11 account of good conduct of persons committed to the
12 Department which shall be subject to review by the
13 Prisoner Review Board.
14 (2) The rules and regulations on early release
15 shall provide, with respect to offenses committed on or
16 after June 19, 1998, 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
-2- LRB9112038RCpk
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 June 19,
15 1998, and other than the offense of reckless homicide as
16 defined in subsection (e) of Section 9-3 of the Criminal
17 Code of 1961 committed on or after January 1, 1999, the
18 rules and regulations shall provide that a prisoner who
19 is serving a term of imprisonment shall receive one day
20 of good conduct credit for each day of his or her
21 sentence of imprisonment or recommitment under Section
22 3-3-9. Each day of good conduct credit shall reduce by
23 one day the prisoner's period of imprisonment or
24 recommitment under Section 3-3-9.
25 (2.2) A prisoner serving a term of natural life
26 imprisonment or a prisoner who has been sentenced to
27 death shall receive no good conduct credit.
28 (2.3) The rules and regulations on early release
29 shall provide that a prisoner who is serving a sentence
30 for reckless homicide as defined in subsection (e) of
31 Section 9-3 of the Criminal Code of 1961 committed on or
32 after January 1, 1999 shall receive no more than 4.5 days
33 of good conduct credit for each month of his or her
34 sentence of imprisonment.
-3- LRB9112038RCpk
1 (2.4) The rules and regulations on early release
2 shall provide with respect to the offenses of aggravated
3 battery with a machine gun or a firearm equipped with any
4 device or attachment designed or used for silencing the
5 report of a firearm or aggravated discharge of a machine
6 gun or a firearm equipped with any device or attachment
7 designed or used for silencing the report of a firearm,
8 committed on or after the effective date of this
9 amendatory Act of 1999, that a prisoner serving a
10 sentence for any of these offenses shall receive no more
11 than 4.5 days of good conduct credit for each month of
12 his or her sentence of imprisonment.
13 (2.5) The rules and regulations on early release
14 shall provide that a prisoner who is serving a sentence
15 for compelling organization membership of persons under
16 Section 12-6.1 of the Criminal Code of 1961 committed on
17 or after the effective date of this amendatory Act of the
18 91st General Assembly shall receive no more than 4.5 days
19 of good conduct credit for each month of his or her
20 sentence of imprisonment.
21 (3) The rules and regulations shall also provide
22 that the Director may award up to 180 days additional
23 good conduct credit for meritorious service in specific
24 instances as the Director deems proper; except that no
25 more than 90 days of good conduct credit for meritorious
26 service shall be awarded to any prisoner who is serving a
27 sentence for conviction of first degree murder, reckless
28 homicide while under the influence of alcohol or any
29 other drug, aggravated kidnapping, kidnapping, predatory
30 criminal sexual assault of a child, aggravated criminal
31 sexual assault, criminal sexual assault, deviate sexual
32 assault, aggravated criminal sexual abuse, aggravated
33 indecent liberties with a child, indecent liberties with
34 a child, child pornography, heinous battery, aggravated
-4- LRB9112038RCpk
1 battery of a spouse, aggravated battery of a spouse with
2 a firearm, stalking, aggravated stalking, aggravated
3 battery of a child, endangering the life or health of a
4 child, cruelty to a child, or narcotic racketeering.
5 Notwithstanding the foregoing, good conduct credit for
6 meritorious service shall not be awarded on a sentence of
7 imprisonment imposed for conviction of: (i) one of the
8 offenses enumerated in subdivision (a)(2) when the
9 offense is committed on or after June 19, 1998, (ii)
10 reckless homicide as defined in subsection (e) of Section
11 9-3 of the Criminal Code of 1961 when the offense is
12 committed on or after January 1, 1999, or (iii) for
13 conviction of one of the offenses enumerated in
14 subdivision (a)(2.4) when the offense is committed on or
15 after the effective date of this amendatory Act of 1999
16 or (iv) the offense enumerated in subsection (a)(2.5)
17 when the offense is committed on or after the effective
18 date of this amendatory Act of the 91st General Assembly.
19 (4) The rules and regulations shall also provide
20 that the good conduct credit accumulated and retained
21 under paragraph (2.1) of subsection (a) of this Section
22 by any inmate during specific periods of time in which
23 such inmate is engaged full-time in substance abuse
24 programs, correctional industry assignments, or
25 educational programs provided by the Department under
26 this paragraph (4) and satisfactorily completes the
27 assigned program as determined by the standards of the
28 Department, shall be multiplied by a factor of 1.25 for
29 program participation before August 11, 1993 and 1.50 for
30 program participation on or after that date. However, no
31 inmate shall be eligible for the additional good conduct
32 credit under this paragraph (4) while assigned to a boot
33 camp, mental health unit, or electronic detention, or if
34 convicted of an offense enumerated in paragraph (a)(2) of
-5- LRB9112038RCpk
1 this Section that is committed on or after June 19, 1998,
2 or if convicted of reckless homicide as defined in
3 subsection (e) of Section 9-3 of the Criminal Code of
4 1961 if the offense is committed on or after January 1,
5 1999, or if convicted of an offense enumerated in
6 paragraph (a)(2.4) of this Section that is committed on
7 or after the effective date of this amendatory Act of
8 1999, or if convicted of an offense enumerated in
9 paragraph (a)(2.5) of this Section that is committed on
10 or after the effective date of this amendatory Act of the
11 91st General Assembly, or first degree murder, a Class X
12 felony, criminal sexual assault, felony criminal sexual
13 abuse, aggravated criminal sexual abuse, aggravated
14 battery with a firearm, or any predecessor or successor
15 offenses with the same or substantially the same
16 elements, or any inchoate offenses relating to the
17 foregoing offenses. No inmate shall be eligible for the
18 additional good conduct credit under this paragraph (4)
19 who (i) has previously received increased good conduct
20 credit under this paragraph (4) and has subsequently been
21 convicted of a felony, or (ii) has previously served more
22 than one prior sentence of imprisonment for a felony in
23 an adult correctional facility.
24 Educational, vocational, substance abuse and
25 correctional industry programs under which good conduct
26 credit may be increased under this paragraph (4) shall be
27 evaluated by the Department on the basis of documented
28 standards. The Department shall report the results of
29 these evaluations to the Governor and the General
30 Assembly by September 30th of each year. The reports
31 shall include data relating to the recidivism rate among
32 program participants.
33 Availability of these programs shall be subject to
34 the limits of fiscal resources appropriated by the
-6- LRB9112038RCpk
1 General Assembly for these purposes. Eligible inmates
2 who are denied immediate admission shall be placed on a
3 waiting list under criteria established by the
4 Department. The inability of any inmate to become
5 engaged in any such programs by reason of insufficient
6 program resources or for any other reason established
7 under the rules and regulations of the Department shall
8 not be deemed a cause of action under which the
9 Department or any employee or agent of the Department
10 shall be liable for damages to the inmate.
11 (5) Whenever the Department is to release any
12 inmate earlier than it otherwise would because of a grant
13 of good conduct credit for meritorious service given at
14 any time during the term, the Department shall give
15 reasonable advance notice of the impending release to the
16 State's Attorney of the county where the prosecution of
17 the inmate took place.
18 (b) Whenever a person is or has been committed under
19 several convictions, with separate sentences, the sentences
20 shall be construed under Section 5-8-4 in granting and
21 forfeiting of good time.
22 (c) The Department shall prescribe rules and regulations
23 for revoking good conduct credit, or suspending or reducing
24 the rate of accumulation of good conduct credit for specific
25 rule violations, during imprisonment. These rules and
26 regulations shall provide that no inmate may be penalized
27 more than one year of good conduct credit for any one
28 infraction.
29 When the Department seeks to revoke, suspend or reduce
30 the rate of accumulation of any good conduct credits for an
31 alleged infraction of its rules, it shall bring charges
32 therefor against the prisoner sought to be so deprived of
33 good conduct credits before the Prisoner Review Board as
34 provided in subparagraph (a)(4) of Section 3-3-2 of this
-7- LRB9112038RCpk
1 Code, if the amount of credit at issue exceeds 30 days or
2 when during any 12 month period, the cumulative amount of
3 credit revoked exceeds 30 days except where the infraction is
4 committed or discovered within 60 days of scheduled release.
5 In those cases, the Department of Corrections may revoke up
6 to 30 days of good conduct credit. The Board may subsequently
7 approve the revocation of additional good conduct credit, if
8 the Department seeks to revoke good conduct credit in excess
9 of 30 days. However, the Board shall not be empowered to
10 review the Department's decision with respect to the loss of
11 30 days of good conduct credit within any calendar year for
12 any prisoner or to increase any penalty beyond the length
13 requested by the Department.
14 The Director of the Department of Corrections, in
15 appropriate cases, may restore up to 30 days good conduct
16 credits which have been revoked, suspended or reduced. Any
17 restoration of good conduct credits in excess of 30 days
18 shall be subject to review by the Prisoner Review Board.
19 However, the Board may not restore good conduct credit in
20 excess of the amount requested by the Director.
21 Nothing contained in this Section shall prohibit the
22 Prisoner Review Board from ordering, pursuant to Section
23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
24 the sentence imposed by the court that was not served due to
25 the accumulation of good conduct credit.
26 (d) If a lawsuit is filed by a prisoner in an Illinois
27 or federal court against the State, the Department of
28 Corrections, or the Prisoner Review Board, or against any of
29 their officers or employees, and the court makes a specific
30 finding that a pleading, motion, or other paper filed by the
31 prisoner is frivolous, the Department of Corrections shall
32 conduct a hearing to revoke up to 180 days of good conduct
33 credit by bringing charges against the prisoner sought to be
34 deprived of the good conduct credits before the Prisoner
-8- LRB9112038RCpk
1 Review Board as provided in subparagraph (a)(8) of Section
2 3-3-2 of this Code. If the prisoner has not accumulated 180
3 days of good conduct credit at the time of the finding, then
4 the Prisoner Review Board may revoke all good conduct credit
5 accumulated by the prisoner.
6 For purposes of this subsection (d):
7 (1) "Frivolous" means that a pleading, motion, or
8 other filing which purports to be a legal document filed
9 by a prisoner in his or her lawsuit meets any or all of
10 the following criteria:
11 (A) it lacks an arguable basis either in law
12 or in fact;
13 (B) it is being presented for any improper
14 purpose, such as to harass or to cause unnecessary
15 delay or needless increase in the cost of
16 litigation;
17 (C) the claims, defenses, and other legal
18 contentions therein are not warranted by existing
19 law or by a nonfrivolous argument for the extension,
20 modification, or reversal of existing law or the
21 establishment of new law;
22 (D) the allegations and other factual
23 contentions do not have evidentiary support or, if
24 specifically so identified, are not likely to have
25 evidentiary support after a reasonable opportunity
26 for further investigation or discovery; or
27 (E) the denials of factual contentions are not
28 warranted on the evidence, or if specifically so
29 identified, are not reasonably based on a lack of
30 information or belief.
31 (2) "Lawsuit" means a petition for post-conviction
32 relief under Article 122 of the Code of Criminal
33 Procedure of 1963, a motion pursuant to Section 116-3 of
34 the Code of Criminal Procedure of 1963, a habeas corpus
-9- LRB9112038RCpk
1 action under Article X of the Code of Civil Procedure or
2 under federal law (28 U.S.C. 2254), a petition for claim
3 under the Court of Claims Act or an action under the
4 federal Civil Rights Act (42 U.S.C. 1983).
5 (e) Nothing in this amendatory Act of 1998 affects the
6 validity of Public Act 89-404.
7 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
8 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
9 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
10 eff. 7-29-99.)
11 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
12 Sec. 5-4-1. Sentencing Hearing.
13 (a) Except when the death penalty is sought under
14 hearing procedures otherwise specified, after a determination
15 of guilt, a hearing shall be held to impose the sentence.
16 However, prior to the imposition of sentence on an individual
17 being sentenced for an offense based upon a charge for a
18 violation of Section 11-501 of the Illinois Vehicle Code or a
19 similar provision of a local ordinance, the individual must
20 undergo a professional evaluation to determine if an alcohol
21 or other drug abuse problem exists and the extent of such a
22 problem. Programs conducting these evaluations shall be
23 licensed by the Department of Human Services. However, if
24 the individual is not a resident of Illinois, the court may,
25 in its discretion, accept an evaluation from a program in the
26 state of such individual's residence. The court may in its
27 sentencing order approve an eligible defendant for placement
28 in a Department of Corrections impact incarceration program
29 as provided in Section 5-8-1.1. At the hearing the court
30 shall:
31 (1) consider the evidence, if any, received upon
32 the trial;
33 (2) consider any presentence reports;
-10- LRB9112038RCpk
1 (3) consider the financial impact of incarceration
2 based on the financial impact statement filed with the
3 clerk of the court by the Department of Corrections;
4 (4) consider evidence and information offered by
5 the parties in aggravation and mitigation;
6 (5) hear arguments as to sentencing alternatives;
7 (6) afford the defendant the opportunity to make a
8 statement in his own behalf;
9 (7) afford the victim of a violent crime or a
10 violation of Section 11-501 of the Illinois Vehicle Code,
11 or a similar provision of a local ordinance, committed by
12 the defendant the opportunity to make a statement
13 concerning the impact on the victim and to offer evidence
14 in aggravation or mitigation; provided that the statement
15 and evidence offered in aggravation or mitigation must
16 first be prepared in writing in conjunction with the
17 State's Attorney before it may be presented orally at the
18 hearing. Any sworn testimony offered by the victim is
19 subject to the defendant's right to cross-examine. All
20 statements and evidence offered under this paragraph (7)
21 shall become part of the record of the court; and
22 (8) in cases of reckless homicide afford the
23 victim's spouse, guardians, parents or other immediate
24 family members an opportunity to make oral statements.
25 (b) All sentences shall be imposed by the judge based
26 upon his independent assessment of the elements specified
27 above and any agreement as to sentence reached by the
28 parties. The judge who presided at the trial or the judge
29 who accepted the plea of guilty shall impose the sentence
30 unless he is no longer sitting as a judge in that court.
31 Where the judge does not impose sentence at the same time on
32 all defendants who are convicted as a result of being
33 involved in the same offense, the defendant or the State's
34 Attorney may advise the sentencing court of the disposition
-11- LRB9112038RCpk
1 of any other defendants who have been sentenced.
2 (c) In imposing a sentence for a violent crime or for an
3 offense of operating or being in physical control of a
4 vehicle while under the influence of alcohol, any other drug
5 or any combination thereof, or a similar provision of a local
6 ordinance, when such offense resulted in the personal injury
7 to someone other than the defendant, the trial judge shall
8 specify on the record the particular evidence, information,
9 factors in mitigation and aggravation or other reasons that
10 led to his sentencing determination. The full verbatim record
11 of the sentencing hearing shall be filed with the clerk of
12 the court and shall be a public record.
13 (c-1) In imposing a sentence for the offense of
14 aggravated kidnapping for ransom, home invasion, armed
15 robbery, aggravated vehicular hijacking, aggravated discharge
16 of a firearm, or armed violence with a category I weapon or
17 category II weapon, the trial judge shall make a finding as
18 to whether the conduct leading to conviction for the offense
19 resulted in great bodily harm to a victim, and shall enter
20 that finding and the basis for that finding in the record.
21 (c-2) If the defendant is sentenced to prison, other
22 than when a sentence of natural life imprisonment or a
23 sentence of death is imposed, at the time the sentence is
24 imposed the judge shall state on the record in open court the
25 approximate period of time the defendant will serve in
26 custody according to the then current statutory rules and
27 regulations for early release found in Section 3-6-3 and
28 other related provisions of this Code. This statement is
29 intended solely to inform the public, has no legal effect on
30 the defendant's actual release, and may not be relied on by
31 the defendant on appeal.
32 The judge's statement, to be given after pronouncing the
33 sentence, other than when the sentence is imposed for one of
34 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
-12- LRB9112038RCpk
1 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, other than
21 when the sentence is imposed for one of the offenses
22 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
23 or after June 19, 1998, and other than when the sentence is
24 imposed for reckless homicide as defined in subsection (e) of
25 Section 9-3 of the Criminal Code of 1961 if the offense was
26 committed on or after January 1, 1999, and other than when
27 the sentence is imposed for the offense enumerated in
28 paragraph (a)(2.5) of Section 3-6-3 committed on or after the
29 effective date of this amendatory Act of the 91st General
30 Assembly, the judge's statement, to be given after
31 pronouncing the sentence, shall include the following:
32 "The purpose of this statement is to inform the public of
33 the actual period of time this defendant is likely to spend
34 in prison as a result of this sentence. The actual period of
-13- LRB9112038RCpk
1 prison time served is determined by the statutes of Illinois
2 as applied to this sentence by the Illinois Department of
3 Corrections and the Illinois Prisoner Review Board. In this
4 case, assuming the defendant receives all of his or her good
5 conduct credit, the period of estimated actual custody is ...
6 years and ... months, less up to 90 days additional good
7 conduct credit for meritorious service. If the defendant,
8 because of his or her own misconduct or failure to comply
9 with the institutional regulations, does not receive those
10 credits, the actual time served in prison will be longer.
11 The defendant may also receive an additional one-half day
12 good conduct credit for each day of participation in
13 vocational, industry, substance abuse, and educational
14 programs as provided for by Illinois statute."
15 When the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(2) of Section 3-6-3, other than
17 first degree murder, and the offense was committed on or
18 after June 19, 1998, and when the sentence is imposed for
19 reckless homicide as defined in subsection (e) of Section 9-3
20 of the Criminal Code of 1961 if the offense was committed on
21 or after January 1, 1999, and when the sentence is imposed
22 for the offense enumerated in paragraph (a)(2.5) of Section
23 3-6-3 if the offense was committed on or after the effective
24 date of this amendatory Act of the 91st General Assembly, the
25 judge's statement, to be given after pronouncing the
26 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, the defendant is entitled to no more than 4 1/2 days of
34 good conduct credit for each month of his or her sentence of
-14- LRB9112038RCpk
1 imprisonment. Therefore, this defendant will serve at least
2 85% of his or her sentence. Assuming the defendant receives
3 4 1/2 days credit for each month of his or her sentence, the
4 period of estimated actual custody is ... years and ...
5 months. If the defendant, because of his or her own
6 misconduct or failure to comply with the institutional
7 regulations receives lesser credit, the actual time served in
8 prison will be longer."
9 When a sentence of imprisonment is imposed for first
10 degree murder and the offense was committed on or after June
11 19, 1998, the judge's statement, to be given after
12 pronouncing the sentence, shall 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
-15- LRB9112038RCpk
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. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
33 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)