Public Act 094-0071
 		





HB0035 Enrolled
LRB094 03642 RLC 33647 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 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 the 
    effective date of this amendatory Act of the 94th 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, 
        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; and


            (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; and .

            (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.


        (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 the effective date of this amendatory Act of the 94th 
    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)
this
amendatory Act of 1999,
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)
this
amendatory Act of 
    the 92nd 93rd General Assembly 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, cruelty to a child, or narcotic

    racketeering.  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 the effective date of this amendatory 
    Act of the 94th 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)
this
amendatory Act of 
    1999,
or (iv) aggravated arson when the offense is 
    committed
on or after July 27, 2001 (the effective date of 
    Public Act 92-176)
this amendatory Act of the 92nd 93rd 
    General Assembly.


        (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

    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) while assigned to a boot camp, mental health unit,
or 
    electronic detention, or if convicted of an offense 
    enumerated in subdivision
paragraph (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 the effective date of this amendatory 
    Act of the 94th 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)
this
amendatory Act of 1999,
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) 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.


        (4.5) The rules and regulations on early release shall 
    also provide that
a prisoner who is serving a sentence for 
    a crime committed as a result of the
use of, abuse of, or 
    addiction to alcohol or a controlled substance and the

    crime was committed on or after September 1, 2003 (the 
    effective date of
Public Act 93-354)
this Amendatory Act of 
    the 93rd General Assembly
shall receive no good conduct 
    credit until he or she participates in and
completes a 
    substance abuse treatment program.  Good conduct credit 
    awarded
under clauses (2), (3), and (4) of this subsection 
    (a) for crimes committed on
or after September 1, 2003
the 
    effective date of this amendatory Act of
the 93rd General 
    Assembly is subject to the provisions of this clause (4.5).

    If the prisoner completes a substance abuse treatment 
    program, the Department
may award good conduct credit for 
    the time spent in treatment. 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, the prisoner shall 
    be placed on a waiting list under criteria
established by 
    the Department. The Department may require a prisoner 
    placed on
a waiting list to attend a substance abuse 
    education class or attend substance
abuse self-help 
    meetings. A prisoner may not lose good conduct credit as a

    result of being placed on a waiting list. A prisoner placed 
    on a waiting list
remains eligible for increased good 
    conduct credit for participation in an
educational, 
    vocational, or correctional industry program under clause 
    (4) of
subsection (a) of this Section.


        (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 petition for post-conviction 
    relief under Article
122 of the Code of Criminal Procedure 
    of 1963, 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 or an action under the
federal Civil Rights 
    Act (42 U.S.C. 1983).

    (e) Nothing in Public Act 90-592 or 90-593
this amendatory 
Act of
1998 affects the validity of Public Act 89-404.

(Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; 
93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  06/23/2005