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Public Act 099-0275
Public Act 0275 99TH GENERAL ASSEMBLY
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Public Act 099-0275
| | HB2722 Enrolled | LRB099 04143 RLC 24163 b |
|
| 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 Sentence Credit.
| (a) (1) The Department of Corrections shall prescribe | rules
and regulations for awarding and revoking sentence | credit for persons committed to the Department which shall
| be subject to review by the Prisoner Review Board.
| (1.5) As otherwise provided by law, sentence credit may | be awarded for the following: | (A) successful completion of programming while in | custody of the Department or while in custody prior to | sentencing; | (B) compliance with the rules and regulations of | the Department; or | (C) service to the institution, service to a | community, or service to the State. | (2) The rules and regulations on sentence credit 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 July 23, | 2010 (the effective date of Public Act 96-1224) or with | respect to the offense of attempt to commit terrorism | committed on or after January 1, 2013 (the effective date | of Public Act 97-990), 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 sentence
credit and shall | serve the entire
sentence imposed by the court;
| (ii) that a prisoner serving a sentence for attempt | to commit terrorism, 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 as described in Section 12-4.2 or | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | Section 12-3.05, heinous battery as described in | Section 12-4.1 or subdivision (a)(2) of Section | 12-3.05, being an armed habitual criminal, aggravated
| battery of a senior citizen as described in Section | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | aggravated battery of a child as described in Section | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | receive no
more than 4.5 days of sentence 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 sentence | 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 sentence 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 the Criminal Code | of 2012, 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 sentence credit for each month of his or her | sentence of imprisonment;
|
| (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 sentence 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 sentence 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 July 23, 2010 | (the effective date of Public Act 96-1224), and other than | the offense of 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, and other than | the offense of aggravated driving under the influence of | alcohol,
other drug or drugs, or intoxicating compound or | compounds, or any combination
thereof as defined in |
| subparagraph (C) of paragraph (1) of subsection (d) of
| Section 11-501 of the Illinois Vehicle Code committed on or | after January 1, 2011 (the effective date of Public Act | 96-1230),
the rules and regulations shall
provide that a | prisoner who is serving a term of
imprisonment shall | receive one day of sentence credit for each day of
his or | her sentence of imprisonment or recommitment under Section | 3-3-9.
Each day of sentence 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 sentence
credit.
| (2.3) The rules and regulations on sentence credit | shall provide that
a prisoner who is serving a sentence for | 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 sentence credit for each month of his or her sentence of
| imprisonment.
| (2.4) The rules and regulations on sentence credit | 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 sentence credit for each month of his or her sentence
of | imprisonment.
| (2.5) The rules and regulations on sentence credit | 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 sentence credit for each month of his or | her sentence of
imprisonment.
| (2.6) The rules and regulations on sentence credit | shall provide that a
prisoner who is serving a sentence for | aggravated driving under the influence of alcohol,
other | drug or drugs, or intoxicating compound or compounds or any | combination
thereof as defined in subparagraph (C) of | paragraph (1) of subsection (d) of
Section 11-501 of the | Illinois Vehicle Code committed on or after January 1, 2011 | (the effective date of Public Act 96-1230) shall receive no | more than 4.5
days of sentence 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 sentence
|
| credit for good conduct in specific instances as the
| Director deems proper. The good conduct may include, but is | not limited to, compliance with the rules and regulations | of the Department, service to the Department, service to a | community, or service to the State. However, the Director | shall not award more than 90 days
of sentence credit for | good conduct 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 | as described in Section 12-4.1 or subdivision (a)(2) of | Section 12-3.05, aggravated battery of a spouse, | aggravated battery of a spouse
with a firearm, stalking, | aggravated stalking, aggravated battery of a child as | described in Section 12-4.3 or subdivision (b)(1) of | Section 12-3.05,
endangering the life or health of a child, | or cruelty to a child. Notwithstanding the foregoing, |
| sentence credit for
good conduct 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 July | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 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),
(iv) aggravated arson when the offense is | committed
on or after July 27, 2001 (the effective date of | Public Act 92-176), (v) offenses that may subject the | offender to commitment under the Sexually Violent Persons | Commitment Act, or (vi) aggravated driving under the | influence of alcohol,
other drug or drugs, or intoxicating |
| compound or compounds or any combination
thereof as defined | in subparagraph (C) of paragraph (1) of subsection (d) of
| Section 11-501 of the Illinois Vehicle Code committed on or | after January 1, 2011 (the effective date of Public Act | 96-1230).
| Eligible inmates for an award of sentence credit under
this | paragraph (3) may be selected to receive the credit at
the | Director's or his or her designee's sole discretion.
| Consideration may be based on, but not limited to, any
| available risk assessment analysis on the inmate, any history | of conviction for violent crimes as defined by the Rights of | Crime Victims and Witnesses Act, facts and circumstances of the | inmate's holding offense or offenses, and the potential for | rehabilitation. | The Director shall not award sentence credit under this | paragraph (3) to an inmate unless the inmate has served a | minimum of 60 days of the sentence; except nothing in this | paragraph shall be construed to permit the Director to extend | an inmate's sentence beyond that which was imposed by the | court. Prior to awarding credit under this paragraph (3), the | Director shall make a written determination that the inmate: | (A) is eligible for the sentence credit; | (B) has served a minimum of 60 days, or as close to | 60 days as the sentence will allow; and | (C) has met the eligibility criteria established | by rule. |
| The Director shall determine the form and content of | the written determination required in this subsection. | (3.5) The Department shall provide annual written | reports to the Governor and the General Assembly on the | award of sentence credit for good conduct, with the first | report due January 1, 2014. The Department must publish | both reports on its website within 48 hours of transmitting | the reports to the Governor and the General Assembly. The | reports must include: | (A) the number of inmates awarded sentence credit | for good conduct; | (B) the average amount of sentence credit for good | conduct awarded; | (C) the holding offenses of inmates awarded | sentence credit for good conduct; and | (D) the number of sentence credit for good conduct | revocations. | (4) The rules and regulations shall also provide that | the sentence
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, educational programs, | behavior modification programs, life skills courses, or | re-entry planning provided by the Department
under this | paragraph (4) and satisfactorily completes the assigned |
| program as
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.
The rules and | regulations shall also provide that sentence credit, | subject to the same offense limits and multiplier provided | in this paragraph, may be provided to an inmate who was | held in pre-trial detention prior to his or her current | commitment to the Department of Corrections and | successfully completed a full-time, 60-day or longer | substance abuse program, educational program, behavior | modification program, life skills course, or re-entry | planning provided by the county department of corrections | or county jail. Calculation of this county program credit | shall be done at sentencing as provided in Section | 5-4.5-100 of this Code and shall be included in the | sentencing order. However, no inmate shall be eligible for | the additional sentence 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 July | 23, 2010 (the effective date of Public Act 96-1224), or if | convicted of 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 aggravated driving under the influence of | alcohol,
other drug or drugs, or intoxicating compound or | compounds or any combination
thereof as defined in | subparagraph (C) of paragraph (1) of subsection (d) of
| Section 11-501 of the Illinois Vehicle Code committed on or | after January 1, 2011 (the effective date of Public Act | 96-1230), 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 as | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | (e)(3), or (e)(4) of Section 12-3.05, 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, behavior | modification programs, life skills courses, re-entry | planning, and correctional
industry programs under which | sentence 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 sentence credit shall be awarded | to any prisoner who passes high school equivalency testing | while the prisoner is committed to the Department of | Corrections. The sentence credit awarded under this | paragraph (4.1) shall be in addition to, and shall not | affect, the award of sentence credit 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 sentence credit | provided for in this paragraph shall be available only to | those prisoners who have not previously earned a high | school diploma or a high school equivalency certificate. | If, after an award of the high school equivalency testing | sentence credit has been made, the Department determines | that the prisoner was not eligible, then the award shall be | revoked.
The Department may also award 60 days of sentence | credit to any committed person who passed high school | equivalency testing while he or she was held in pre-trial | detention prior to the current commitment to the Department | of Corrections. | (4.5) The rules and regulations on sentence credit |
| 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 sentence 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 | sentence 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 sentence credit | under clause (3) of this subsection (a) at the discretion |
| of the Director.
| (4.6) The rules and regulations on sentence credit | 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 sentence 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 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 sentence credit at a 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 | sentence credit for good conduct under paragraph (3) of | subsection (a) of this Section given at any time during the | term, the Department shall give
reasonable notice of the | impending release not less than 14 days prior to the date | of the release to the State's
Attorney of the county where | the prosecution of the inmate took place, and if | applicable, the State's Attorney of the county into which | the inmate will be released. The Department must also make | identification information and a recent photo of the inmate | being released accessible on the Internet by means of a | hyperlink labeled "Community Notification of Inmate Early |
| Release" on the Department's World Wide Web homepage.
The | identification information shall include the inmate's: | name, any known alias, date of birth, physical | characteristics, residence address, commitment offense and | county where conviction was imposed. The identification | information shall be placed on the website within 3 days of | the inmate's release and the information may not be removed | until either: completion of the first year of mandatory | supervised release or return of the inmate to custody of | the Department.
| (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 sentence credit.
| (c) The Department shall prescribe rules and regulations
| for revoking sentence credit, including revoking sentence | credit awarded for good conduct under paragraph (3) of | subsection (a) of this Section. The Department shall prescribe | rules and regulations for suspending or reducing
the rate of | accumulation of sentence credit for specific
rule violations, | during imprisonment. These rules and regulations
shall provide | that no inmate may be penalized more than one
year of sentence | credit for any one infraction.
| When the Department seeks to revoke, suspend or reduce
the | rate of accumulation of any sentence credits for
an alleged | infraction of its rules, it shall bring charges
therefor |
| against the prisoner sought to be so deprived of
sentence | 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 sentence | credit.
The Board may subsequently approve the revocation of | additional sentence credit, if the Department seeks to revoke | sentence 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 sentence
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 of sentence | credits which have been revoked, suspended
or reduced. Any | restoration of sentence credits in excess of 30 days shall
be | subject to review by the Prisoner Review Board. However, the | Board may not
restore sentence 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 sentence 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 sentence credit by bringing | charges against the prisoner
sought to be deprived of the | sentence 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 sentence credit at the
| time of the finding, then the Prisoner Review Board may revoke | all
sentence 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 12-3.4 or 12-30 of the Criminal Code of 1961 or | the Criminal Code of 2012, earlier than it
otherwise would | because of a grant of sentence credit, the Department, as a | condition of 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. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; | 97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | 1-1-15.)
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Effective Date: 1/1/2016
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