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92_SB0658 LRB9207997ARsb 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 3-6-3 as follows: 6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 7 Sec. 3-6-3. Rules and Regulations for Early Release. 8 (a) (1) The Department of Corrections shall 9 prescribe rules and regulations for the early release on 10 account of good conduct of persons committed to the 11 Department which shall be subject to review by the 12 Prisoner Review Board. 13 (2) The rules and regulations on early release 14 shall provide, with respect to offenses committed on or 15 after June 19, 1998, the following: 16 (i) that a prisoner who is serving a term of 17 imprisonment for first degree murder shall receive 18 no good conduct credit and shall serve the entire 19 sentence imposed by the court; 20 (ii) that a prisoner serving a sentence for 21 attempt to commit first degree murder, solicitation 22 of murder, solicitation of murder for hire, 23 intentional homicide of an unborn child, predatory 24 criminal sexual assault of a child, aggravated 25 criminal sexual assault, criminal sexual assault, 26 aggravated kidnapping, aggravated battery with a 27 firearm, heinous battery, aggravated battery of a 28 senior citizen, or aggravated battery of a child 29 shall receive no more than 4.5 days of good conduct 30 credit for each month of his or her sentence of 31 imprisonment;and-2- LRB9207997ARsb 1 (iii) that a prisoner serving a sentence for 2 home invasion, armed robbery, aggravated vehicular 3 hijacking, aggravated discharge of a firearm, or 4 armed violence with a category I weapon or category 5 II weapon, when the court has made and entered a 6 finding, pursuant to subsection (c-1) of Section 7 5-4-1 of this Code, that the conduct leading to 8 conviction for the enumerated offense resulted in 9 great bodily harm to a victim, shall receive no more 10 than 4.5 days of good conduct credit for each month 11 of his or her sentence of imprisonment; and.12 (iv) that a prisoner who is serving a sentence 13 for a crime committed as a result of the use of, 14 abuse of, or addiction to alcohol or a controlled 15 substance shall receive no good conduct credit until 16 he or she participates in and completes a substance 17 abuse treatment program that is approved by the 18 Department. 19 (2.1) For all offenses, other than those enumerated 20 in subdivision (a)(2) committed on or after June 19, 21 1998, and other than the offense of reckless homicide as 22 defined in subsection (e) of Section 9-3 of the Criminal 23 Code of 1961 committed on or after January 1, 1999, the 24 rules and regulations shall provide that a prisoner who 25 is serving a term of imprisonment shall receive one day 26 of good conduct credit for each day of his or her 27 sentence of imprisonment or recommitment under Section 28 3-3-9. Each day of good conduct credit shall reduce by 29 one day the prisoner's period of imprisonment or 30 recommitment under Section 3-3-9. 31 (2.2) A prisoner serving a term of natural life 32 imprisonment or a prisoner who has been sentenced to 33 death shall receive no good conduct credit. 34 (2.3) The rules and regulations on early release -3- LRB9207997ARsb 1 shall provide that a prisoner who is serving a sentence 2 for reckless homicide as defined in subsection (e) of 3 Section 9-3 of the Criminal Code of 1961 committed on or 4 after January 1, 1999 shall receive no more than 4.5 days 5 of good conduct credit for each month of his or her 6 sentence of imprisonment. 7 (2.4) The rules and regulations on early release 8 shall provide with respect to the offenses of aggravated 9 battery with a machine gun or a firearm equipped with any 10 device or attachment designed or used for silencing the 11 report of a firearm or aggravated discharge of a machine 12 gun or a firearm equipped with any device or attachment 13 designed or used for silencing the report of a firearm, 14 committed on or after the effective date of this 15 amendatory Act of 1999, that a prisoner serving a 16 sentence for any of these offenses shall receive no more 17 than 4.5 days of good conduct credit for each month of 18 his or her sentence of imprisonment. 19 (3) The rules and regulations shall also provide 20 that the Director may award up to 180 days additional 21 good conduct credit for meritorious service in specific 22 instances as the Director deems proper; except that no 23 more than 90 days of good conduct credit for meritorious 24 service shall be awarded to any prisoner who is serving a 25 sentence for conviction of first degree murder, reckless 26 homicide while under the influence of alcohol or any 27 other drug, aggravated kidnapping, kidnapping, predatory 28 criminal sexual assault of a child, aggravated criminal 29 sexual assault, criminal sexual assault, deviate sexual 30 assault, aggravated criminal sexual abuse, aggravated 31 indecent liberties with a child, indecent liberties with 32 a child, child pornography, heinous battery, aggravated 33 battery of a spouse, aggravated battery of a spouse with 34 a firearm, stalking, aggravated stalking, aggravated -4- LRB9207997ARsb 1 battery of a child, endangering the life or health of a 2 child, cruelty to a child, or narcotic racketeering. 3 Notwithstanding the foregoing, good conduct credit for 4 meritorious service shall not be awarded on a sentence of 5 imprisonment imposed for conviction of: (i) one of the 6 offenses enumerated in subdivision (a)(2) when the 7 offense is committed on or after June 19, 1998, (ii) 8 reckless homicide as defined in subsection (e) of Section 9 9-3 of the Criminal Code of 1961 when the offense is 10 committed on or after January 1, 1999, or (iii) for 11 conviction of one of the offenses enumerated in 12 subdivision (a)(2.4) when the offense is committed on or 13 after the effective date of this amendatory Act of 1999. 14 (4) The rules and regulations shall also provide 15 that the good conduct credit accumulated and retained 16 under paragraph (2.1) of subsection (a) of this Section 17 by any inmate during specific periods of time in which 18 such inmate is engaged full-time in substance abuse 19 programs, correctional industry assignments, or 20 educational programs provided by the Department under 21 this paragraph (4) and satisfactorily completes the 22 assigned program as determined by the standards of the 23 Department, shall be multiplied by a factor of 1.25 for 24 program participation before August 11, 1993 and 1.50 for 25 program participation on or after that date. However, no 26 inmate shall be eligible for the additional good conduct 27 credit under this paragraph (4) while assigned to a boot 28 camp, mental health unit, or electronic detention, or if 29 convicted of an offense enumerated in paragraph (a)(2) of 30 this Section that is committed on or after June 19, 1998, 31 or if convicted of reckless homicide as defined in 32 subsection (e) of Section 9-3 of the Criminal Code of 33 1961 if the offense is committed on or after January 1, 34 1999, or if convicted of an offense enumerated in -5- LRB9207997ARsb 1 paragraph (a)(2.4) of this Section that is committed on 2 or after the effective date of this amendatory Act of 3 1999, or first degree murder, a Class X felony, criminal 4 sexual assault, felony criminal sexual abuse, aggravated 5 criminal sexual abuse, aggravated battery with a firearm, 6 or any predecessor or successor offenses with the same or 7 substantially the same elements, or any inchoate offenses 8 relating to the foregoing offenses. No inmate shall be 9 eligible for the additional good conduct credit under 10 this paragraph (4) who (i) has previously received 11 increased good conduct credit under this paragraph (4) 12 and has subsequently been convicted of a felony, or (ii) 13 has previously served more than one prior sentence of 14 imprisonment for a felony in an adult correctional 15 facility. 16 Educational, vocational, substance abuse and 17 correctional industry programs under which good conduct 18 credit may be increased under this paragraph (4) shall be 19 evaluated by the Department on the basis of documented 20 standards. The Department shall report the results of 21 these evaluations to the Governor and the General 22 Assembly by September 30th of each year. The reports 23 shall include data relating to the recidivism rate among 24 program participants. 25 Availability of these programs shall be subject to 26 the limits of fiscal resources appropriated by the 27 General Assembly for these purposes. Eligible inmates 28 who are denied immediate admission shall be placed on a 29 waiting list under criteria established by the 30 Department. The inability of any inmate to become 31 engaged in any such programs by reason of insufficient 32 program resources or for any other reason established 33 under the rules and regulations of the Department shall 34 not be deemed a cause of action under which the -6- LRB9207997ARsb 1 Department or any employee or agent of the Department 2 shall be liable for damages to the inmate. 3 (5) Whenever the Department is to release any 4 inmate earlier than it otherwise would because of a grant 5 of good conduct credit for meritorious service given at 6 any time during the term, the Department shall give 7 reasonable advance notice of the impending release to the 8 State's Attorney of the county where the prosecution of 9 the inmate took place. 10 (b) Whenever a person is or has been committed under 11 several convictions, with separate sentences, the sentences 12 shall be construed under Section 5-8-4 in granting and 13 forfeiting of good time. 14 (c) The Department shall prescribe rules and regulations 15 for revoking good conduct credit, or suspending or reducing 16 the rate of accumulation of good conduct credit for specific 17 rule violations, during imprisonment. These rules and 18 regulations shall provide that no inmate may be penalized 19 more than one year of good conduct credit for any one 20 infraction. 21 When the Department seeks to revoke, suspend or reduce 22 the rate of accumulation of any good conduct credits for an 23 alleged infraction of its rules, it shall bring charges 24 therefor against the prisoner sought to be so deprived of 25 good conduct credits before the Prisoner Review Board as 26 provided in subparagraph (a)(4) of Section 3-3-2 of this 27 Code, if the amount of credit at issue exceeds 30 days or 28 when during any 12 month period, the cumulative amount of 29 credit revoked exceeds 30 days except where the infraction is 30 committed or discovered within 60 days of scheduled release. 31 In those cases, the Department of Corrections may revoke up 32 to 30 days of good conduct credit. The Board may subsequently 33 approve the revocation of additional good conduct credit, if 34 the Department seeks to revoke good conduct credit in excess -7- LRB9207997ARsb 1 of 30 days. However, the Board shall not be empowered to 2 review the Department's decision with respect to the loss of 3 30 days of good conduct credit within any calendar year for 4 any prisoner or to increase any penalty beyond the length 5 requested by the Department. 6 The Director of the Department of Corrections, in 7 appropriate cases, may restore up to 30 days good conduct 8 credits which have been revoked, suspended or reduced. Any 9 restoration of good conduct credits in excess of 30 days 10 shall be subject to review by the Prisoner Review Board. 11 However, the Board may not restore good conduct credit in 12 excess of the amount requested by the Director. 13 Nothing contained in this Section shall prohibit the 14 Prisoner Review Board from ordering, pursuant to Section 15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 16 the sentence imposed by the court that was not served due to 17 the accumulation of good conduct credit. 18 (d) If a lawsuit is filed by a prisoner in an Illinois 19 or federal court against the State, the Department of 20 Corrections, or the Prisoner Review Board, or against any of 21 their officers or employees, and the court makes a specific 22 finding that a pleading, motion, or other paper filed by the 23 prisoner is frivolous, the Department of Corrections shall 24 conduct a hearing to revoke up to 180 days of good conduct 25 credit by bringing charges against the prisoner sought to be 26 deprived of the good conduct credits before the Prisoner 27 Review Board as provided in subparagraph (a)(8) of Section 28 3-3-2 of this Code. If the prisoner has not accumulated 180 29 days of good conduct credit at the time of the finding, then 30 the Prisoner Review Board may revoke all good conduct credit 31 accumulated by the prisoner. 32 For purposes of this subsection (d): 33 (1) "Frivolous" means that a pleading, motion, or 34 other filing which purports to be a legal document filed -8- LRB9207997ARsb 1 by a prisoner in his or her lawsuit meets any or all of 2 the following criteria: 3 (A) it lacks an arguable basis either in law 4 or in fact; 5 (B) it is being presented for any improper 6 purpose, such as to harass or to cause unnecessary 7 delay or needless increase in the cost of 8 litigation; 9 (C) the claims, defenses, and other legal 10 contentions therein are not warranted by existing 11 law or by a nonfrivolous argument for the extension, 12 modification, or reversal of existing law or the 13 establishment of new law; 14 (D) the allegations and other factual 15 contentions do not have evidentiary support or, if 16 specifically so identified, are not likely to have 17 evidentiary support after a reasonable opportunity 18 for further investigation or discovery; or 19 (E) the denials of factual contentions are not 20 warranted on the evidence, or if specifically so 21 identified, are not reasonably based on a lack of 22 information or belief. 23 (2) "Lawsuit" means a petition for post-conviction 24 relief under Article 122 of the Code of Criminal 25 Procedure of 1963, a motion pursuant to Section 116-3 of 26 the Code of Criminal Procedure of 1963, a habeas corpus 27 action under Article X of the Code of Civil Procedure or 28 under federal law (28 U.S.C. 2254), a petition for claim 29 under the Court of Claims Act or an action under the 30 federal Civil Rights Act (42 U.S.C. 1983). 31 (e) Nothing in this amendatory Act of 1998 affects the 32 validity of Public Act 89-404. 33 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97; 34 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff. -9- LRB9207997ARsb 1 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357, 2 eff. 7-29-99.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.