Public Act 096-1224
Public Act 1224 96TH GENERAL ASSEMBLY
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Public Act 096-1224
| | HB0596 Enrolled | LRB096 04554 RLC 14609 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-6-3 as follows:
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| Sec. 3-6-3. Rules and Regulations for Early Release.
| (a) (1) The Department of Corrections shall prescribe | rules
and regulations for the early release on account of | good
conduct of persons committed to the Department which | shall
be subject to review by the Prisoner Review Board.
| (2) The rules and regulations on early release shall | provide, with
respect to offenses listed in clause (i), | (ii), or (iii) of this paragraph (2) committed on or after | June 19, 1998 or with respect to the offense listed in | clause (iv) of this paragraph (2) committed on or after | June 23, 2005 (the effective date of Public Act 94-71) or | with
respect to offense listed in clause (vi)
committed on | or after June 1, 2008 (the effective date of Public Act | 95-625)
or with respect to the offense of being an armed | habitual criminal committed on or after August 2, 2005 (the | effective date of Public Act 94-398) or with respect to the | offenses listed in clause (v) of this paragraph (2) |
| committed on or after August 13, 2007 (the effective date | of Public Act 95-134) or with respect to the offense of | aggravated domestic battery committed on or after the | effective date of this amendatory Act of the 96th General | Assembly, the following:
| (i) that a prisoner who is serving a term of | imprisonment for first
degree murder or for the offense | of terrorism shall receive no good conduct
credit and | shall serve the entire
sentence imposed by the court;
| (ii) that a prisoner serving a sentence for attempt | to commit first
degree murder, solicitation of murder, | solicitation of murder for hire,
intentional homicide | of an unborn child, predatory criminal sexual assault | of a
child, aggravated criminal sexual assault, | criminal sexual assault, aggravated
kidnapping, | aggravated battery with a firearm, heinous battery, | being an armed habitual criminal, aggravated
battery | of a senior citizen, or aggravated battery of a child | shall receive no
more than 4.5 days of good conduct | credit for each month of his or her sentence
of | imprisonment;
| (iii) that a prisoner serving a sentence
for home | invasion, armed robbery, aggravated vehicular | hijacking,
aggravated discharge of a firearm, or armed | violence with a category I weapon
or category II | weapon, when the court
has made and entered a finding, |
| pursuant to subsection (c-1) of Section 5-4-1
of this | Code, that the conduct leading to conviction for the | enumerated offense
resulted in great bodily harm to a | victim, shall receive no more than 4.5 days
of good | conduct credit for each month of his or her sentence of | imprisonment;
| (iv) that a prisoner serving a sentence for | aggravated discharge of a firearm, whether or not the | conduct leading to conviction for the offense resulted | in great bodily harm to the victim, shall receive no | more than 4.5 days of good conduct credit for each | month of his or her sentence of imprisonment;
| (v) that a person serving a sentence for | gunrunning, narcotics racketeering, controlled | substance trafficking, methamphetamine trafficking, | drug-induced homicide, aggravated | methamphetamine-related child endangerment, money | laundering pursuant to clause (c) (4) or (5) of Section | 29B-1 of the Criminal Code of 1961, or a Class X felony | conviction for delivery of a controlled substance, | possession of a controlled substance with intent to | manufacture or deliver, calculated criminal drug | conspiracy, criminal drug conspiracy, street gang | criminal drug conspiracy, participation in | methamphetamine manufacturing, aggravated | participation in methamphetamine manufacturing, |
| delivery of methamphetamine, possession with intent to | deliver methamphetamine, aggravated delivery of | methamphetamine, aggravated possession with intent to | deliver methamphetamine, methamphetamine conspiracy | when the substance containing the controlled substance | or methamphetamine is 100 grams or more shall receive | no more than 7.5 days good conduct credit for each | month of his or her sentence of imprisonment; and
| (vi)
that a prisoner serving a sentence for a | second or subsequent offense of luring a minor shall | receive no more than 4.5 days of good conduct credit | for each month of his or her sentence of imprisonment; | and .
| (vii) that a prisoner serving a sentence for | aggravated domestic battery shall receive no more than | 4.5 days of good conduct credit for each month of his | or her sentence of imprisonment.
| (2.1) For all offenses, other than those enumerated in | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | June 19, 1998 or subdivision (a)(2)(iv) committed on or | after June 23, 2005 (the effective date of Public Act | 94-71) or subdivision (a)(2)(v) committed on or after | August 13, 2007 (the effective date of Public Act 95-134)
| or subdivision (a)(2)(vi) committed on or after June 1, | 2008 (the effective date of Public Act 95-625) or | subdivision (a)(2)(vii) committed on or after the |
| effective date of this amendatory Act of the 96th General | Assembly, and other than the offense of reckless
homicide | as defined in subsection (e) of Section 9-3 of the Criminal | Code of
1961 committed on or after January 1, 1999,
or | aggravated driving under the influence of alcohol, other | drug or drugs, or
intoxicating compound or compounds, or | any combination thereof as defined in
subparagraph (F) of | paragraph (1) of subsection (d) of Section 11-501 of the
| Illinois Vehicle Code,
the rules and regulations shall
| provide that a prisoner who is serving a term of
| imprisonment shall receive one day of good conduct credit | for each day of
his or her sentence of imprisonment or | recommitment under Section 3-3-9.
Each day of good conduct | credit shall reduce by one day the prisoner's period
of | imprisonment or recommitment under Section 3-3-9.
| (2.2) A prisoner serving a term of natural life | imprisonment or a
prisoner who has been sentenced to death | shall receive no good conduct
credit.
| (2.3) The rules and regulations on early release shall | provide that
a prisoner who is serving a sentence for | reckless homicide as defined in
subsection (e) of Section | 9-3 of the Criminal Code of 1961 committed on or
after | January 1, 1999, or aggravated driving under the influence | of alcohol,
other drug or drugs, or intoxicating compound | or compounds, or any combination
thereof as defined in | subparagraph (F) of paragraph (1) of subsection (d) of
|
| Section 11-501 of the Illinois Vehicle Code, shall receive | no more than 4.5
days of good conduct credit for each month | of his or her sentence of
imprisonment.
| (2.4) The rules and regulations on early release shall | provide with
respect to the offenses of aggravated battery | with a machine gun or a firearm
equipped with any device or | attachment designed or used for silencing the
report of a | firearm or aggravated discharge of a machine gun or a | firearm
equipped with any device or attachment designed or | used for silencing the
report of a firearm, committed on or | after
July 15, 1999 (the effective date of Public Act | 91-121),
that a prisoner serving a sentence for any of | these offenses shall receive no
more than 4.5 days of good | conduct credit for each month of his or her sentence
of | imprisonment.
| (2.5) The rules and regulations on early release shall | provide that a
prisoner who is serving a sentence for | aggravated arson committed on or after
July 27, 2001 (the | effective date of Public Act 92-176) shall receive no more | than
4.5 days of good conduct credit for each month of his | or her sentence of
imprisonment.
| (3) The rules and regulations shall also provide that
| the Director may award up to 180 days additional good | conduct
credit for meritorious service in specific | instances as the
Director deems proper; except that no more | than 90 days
of good conduct credit for meritorious service
|
| shall be awarded to any prisoner who is serving a sentence | for
conviction of first degree murder, reckless homicide | while under the
influence of alcohol or any other drug,
or | aggravated driving under the influence of alcohol, other | drug or drugs, or
intoxicating compound or compounds, or | any combination thereof as defined in
subparagraph (F) of | paragraph (1) of subsection (d) of Section 11-501 of the
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| predatory criminal sexual assault of a child,
aggravated | criminal sexual assault, criminal sexual assault, deviate | sexual
assault, aggravated criminal sexual abuse, | aggravated indecent liberties
with a child, indecent | liberties with a child, child pornography, heinous
| battery, aggravated battery of a spouse, aggravated | battery of a spouse
with a firearm, stalking, aggravated | stalking, aggravated battery of a child,
endangering the | life or health of a child, or cruelty to a child. | Notwithstanding the foregoing, good conduct credit for
| meritorious service shall not be awarded on a
sentence of | imprisonment imposed for conviction of: (i) one of the | offenses
enumerated in subdivision (a)(2)(i), (ii), or | (iii) when the offense is committed on or after
June 19, | 1998 or subdivision (a)(2)(iv) when the offense is | committed on or after June 23, 2005 (the effective date of | Public Act 94-71) or subdivision (a)(2)(v) when the offense | is committed on or after August 13, 2007 (the effective |
| date of Public Act 95-134)
or subdivision (a)(2)(vi) when | the offense is committed on or after June 1, 2008 (the | effective date of Public Act 95-625) or subdivision | (a)(2)(vii) when the offense is committed on or after the | effective date of this amendatory Act of the 96th General | Assembly, (ii) reckless homicide as
defined in subsection | (e) of Section 9-3 of the Criminal Code of 1961 when
the | offense is committed on or after January 1, 1999,
or | aggravated driving under the influence of alcohol, other | drug or drugs, or
intoxicating compound or compounds, or | any combination thereof as defined in
subparagraph (F) of | paragraph (1) of subsection (d) of Section 11-501 of the
| Illinois Vehicle Code, (iii) one of the offenses enumerated | in subdivision
(a)(2.4) when the offense is committed on or | after
July 15, 1999 (the effective date of Public Act | 91-121),
or (iv) aggravated arson when the offense is | committed
on or after July 27, 2001 (the effective date of | Public Act 92-176).
| (4) The rules and regulations shall also provide that | the good conduct
credit accumulated and retained under | paragraph (2.1) of subsection (a) of
this Section by any | inmate during specific periods of time in which such
inmate | is engaged full-time in substance abuse programs, | correctional
industry assignments, or educational programs | provided by the Department
under this paragraph (4) and | satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | multiplied by a factor
of 1.25 for program participation | before August 11, 1993
and 1.50 for program participation | on or after that date.
However, no inmate shall be eligible | for the additional good conduct credit
under this paragraph | (4) or (4.1) of this subsection (a) while assigned to a | boot camp
or electronic detention, or if convicted of an | offense enumerated in
subdivision (a)(2)(i), (ii), or | (iii) of this Section that is committed on or after June | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | committed on or after June 23, 2005 (the effective date of | Public Act 94-71) or subdivision (a)(2)(v) of this Section | that is committed on or after August 13, 2007 (the | effective date of Public Act 95-134)
or subdivision | (a)(2)(vi) when the offense is committed on or after June | 1, 2008 (the effective date of Public Act 95-625) or | subdivision (a)(2)(vii) when the offense is committed on or | after the effective date of this amendatory Act of the 96th | General Assembly, or if convicted of reckless homicide as | defined in subsection (e) of
Section 9-3 of the Criminal | Code of 1961 if the offense is committed on or
after | January 1, 1999,
or aggravated driving under the influence | of alcohol, other drug or drugs, or
intoxicating compound | or compounds, or any combination thereof as defined in
| subparagraph (F) of paragraph (1) of subsection (d) of | Section 11-501 of the
Illinois Vehicle Code, or if |
| convicted of an offense enumerated in paragraph
(a)(2.4) of | this Section that is committed on or after
July 15, 1999 | (the effective date of Public Act 91-121),
or first degree | murder, a Class X felony, criminal sexual
assault, felony | criminal sexual abuse, aggravated criminal sexual abuse,
| aggravated battery with a firearm, or any predecessor or | successor offenses
with the same or substantially the same | elements, or any inchoate offenses
relating to the | foregoing offenses. No inmate shall be eligible for the
| additional good conduct credit under this paragraph (4) who | (i) has previously
received increased good conduct credit | under this paragraph (4) and has
subsequently been | convicted of a
felony, or (ii) has previously served more | than one prior sentence of
imprisonment for a felony in an | adult correctional facility.
| Educational, vocational, substance abuse and | correctional
industry programs under which good conduct | credit may be increased under
this paragraph (4) and | paragraph (4.1) of this subsection (a) shall be evaluated | by the Department on the basis of
documented standards. The | Department shall report the results of these
evaluations to | the Governor and the General Assembly by September 30th of | each
year. The reports shall include data relating to the | recidivism rate among
program participants.
| Availability of these programs shall be subject to the
| limits of fiscal resources appropriated by the General |
| Assembly for these
purposes. Eligible inmates who are | denied immediate admission shall be
placed on a waiting | list under criteria established by the Department.
The | inability of any inmate to become engaged in any such | programs
by reason of insufficient program resources or for | any other reason
established under the rules and | regulations of the Department shall not be
deemed a cause | of action under which the Department or any employee or
| agent of the Department shall be liable for damages to the | inmate.
| (4.1) The rules and regulations shall also provide that | an additional 60 days of good conduct credit shall be | awarded to any prisoner who passes the high school level | Test of General Educational Development (GED) while the | prisoner is incarcerated. The good conduct credit awarded | under this paragraph (4.1) shall be in addition to, and | shall not affect, the award of good conduct under any other | paragraph of this Section, but shall also be pursuant to | the guidelines and restrictions set forth in paragraph (4) | of subsection (a) of this Section.
The good conduct credit | provided for in this paragraph shall be available only to | those prisoners who have not previously earned a high | school diploma or a GED. If, after an award of the GED good | conduct credit has been made and the Department determines | that the prisoner was not eligible, then the award shall be | revoked.
|
| (4.5) The rules and regulations on early release shall | also provide that
when the court's sentencing order | recommends a prisoner for substance abuse treatment and the
| crime was committed on or after September 1, 2003 (the | effective date of
Public Act 93-354), the prisoner shall | receive no good conduct credit awarded under clause (3) of | this subsection (a) unless he or she participates in and
| completes a substance abuse treatment program. The | Director may waive the requirement to participate in or | complete a substance abuse treatment program and award the | good conduct credit in specific instances if the prisoner | is not a good candidate for a substance abuse treatment | program for medical, programming, or operational reasons. | Availability of
substance abuse treatment shall be subject | to the limits of fiscal resources
appropriated by the | General Assembly for these purposes. If treatment is not
| available and the requirement to participate and complete | the treatment has not been waived by the Director, the | prisoner shall be placed on a waiting list under criteria
| established by the Department. The Director may allow a | prisoner placed on
a waiting list to participate in and | complete a substance abuse education class or attend | substance
abuse self-help meetings in lieu of a substance | abuse treatment program. A prisoner on a waiting list who | is not placed in a substance abuse program prior to release | may be eligible for a waiver and receive good conduct |
| credit under clause (3) of this subsection (a) at the | discretion of the Director.
| (4.6) The rules and regulations on early release shall | also provide that a prisoner who has been convicted of a | sex offense as defined in Section 2 of the Sex Offender | Registration Act shall receive no good conduct credit | unless he or she either has successfully completed or is | participating in sex offender treatment as defined by the | Sex Offender Management Board. However, prisoners who are | waiting to receive such treatment, but who are unable to do | so due solely to the lack of resources on the part of the | Department, may, at the Director's sole discretion, be | awarded good conduct credit at such rate as the Director | shall determine.
| (5) Whenever the Department is to release any inmate | earlier than it
otherwise would because of a grant of good | conduct credit for meritorious
service given at any time | during the term, the Department shall give
reasonable | advance notice of the impending release to the State's
| Attorney of the county where the prosecution of the inmate | took place.
| (b) Whenever a person is or has been committed under
| several convictions, with separate sentences, the sentences
| shall be construed under Section 5-8-4 in granting and
| forfeiting of good time.
| (c) The Department shall prescribe rules and regulations
|
| for revoking good conduct credit, or suspending or reducing
the | rate of accumulation of good conduct credit for specific
rule | violations, during imprisonment. These rules and regulations
| shall provide that no inmate may be penalized more than one
| year of good conduct credit for any one infraction.
| When the Department seeks to revoke, suspend or reduce
the | rate of accumulation of any good conduct credits for
an alleged | infraction of its rules, it shall bring charges
therefor | against the prisoner sought to be so deprived of
good conduct | credits before the Prisoner Review Board as
provided in | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | amount of credit at issue exceeds 30 days or
when during any 12 | month period, the cumulative amount of
credit revoked exceeds | 30 days except where the infraction is committed
or discovered | within 60 days of scheduled release. In those cases,
the | Department of Corrections may revoke up to 30 days of good | conduct credit.
The Board may subsequently approve the | revocation of additional good
conduct credit, if the Department | seeks to revoke good conduct credit in
excess of 30 days. | However, the Board shall not be empowered to review the
| Department's decision with respect to the loss of 30 days of | good conduct
credit within any calendar year for any prisoner | or to increase any penalty
beyond the length requested by the | Department.
| The Director of the Department of Corrections, in | appropriate cases, may
restore up to 30 days good conduct |
| credits which have been revoked, suspended
or reduced. Any | restoration of good conduct credits in excess of 30 days shall
| be subject to review by the Prisoner Review Board. However, the | Board may not
restore good conduct credit in excess of the | amount requested by the Director.
| Nothing contained in this Section shall prohibit the | Prisoner Review Board
from ordering, pursuant to Section | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | sentence imposed by the court that was not served due to the
| accumulation of good conduct credit.
| (d) If a lawsuit is filed by a prisoner in an Illinois or | federal court
against the State, the Department of Corrections, | or the Prisoner Review Board,
or against any of
their officers | or employees, and the court makes a specific finding that a
| pleading, motion, or other paper filed by the prisoner is | frivolous, the
Department of Corrections shall conduct a | hearing to revoke up to
180 days of good conduct credit by | bringing charges against the prisoner
sought to be deprived of | the good conduct credits before the Prisoner Review
Board as | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| If the prisoner has not accumulated 180 days of good conduct | credit at the
time of the finding, then the Prisoner Review | Board may revoke all
good conduct credit accumulated by the | prisoner.
| For purposes of this subsection (d):
| (1) "Frivolous" means that a pleading, motion, or other |
| filing which
purports to be a legal document filed by a | prisoner in his or her lawsuit meets
any or all of the | following criteria:
| (A) it lacks an arguable basis either in law or in | fact;
| (B) it is being presented for any improper purpose, | such as to harass or
to cause unnecessary delay or | needless increase in the cost of litigation;
| (C) the claims, defenses, and other legal | contentions therein are not
warranted by existing law | or by a nonfrivolous argument for the extension,
| modification, or reversal of existing law or the | establishment of new law;
| (D) the allegations and other factual contentions | do not have
evidentiary
support or, if specifically so | identified, are not likely to have evidentiary
support | after a reasonable opportunity for further | investigation or discovery;
or
| (E) the denials of factual contentions are not | warranted on the
evidence, or if specifically so | identified, are not reasonably based on a lack
of | information or belief.
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | of the Code of Criminal Procedure of 1963, a habeas corpus | action under
Article X of the Code of Civil Procedure or | under federal law (28 U.S.C. 2254),
a petition for claim |
| under the Court of Claims Act, an action under the
federal | Civil Rights Act (42 U.S.C. 1983), or a second or | subsequent petition for post-conviction relief under | Article 122 of the Code of Criminal Procedure of 1963 | whether filed with or without leave of court or a second or | subsequent petition for relief from judgment under Section | 2-1401 of the Code of Civil Procedure.
| (e) Nothing in Public Act 90-592 or 90-593 affects the | validity of Public Act 89-404.
| (f) Whenever the Department is to release any inmate who | has been convicted of a violation of an order of protection | under Section 12-30 of the Criminal Code of 1961, earlier than | it
otherwise would because of a grant of good conduct credit, | the Department, as a condition of such early release, shall | require that the person, upon release, be placed under | electronic surveillance as provided in Section 5-8A-7 of this | Code. | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | eff. 8-21-08.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/23/2010
|
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