|
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 committed on or after |
June 19, 1998 or with respect to the offense of being an |
armed habitual criminal 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, |
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; 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.
|
(2.1) For all offenses, other than those enumerated in |
|
subdivision (a)(2)
committed on or after June 19, 1998, 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) when the |
offense is committed on or after
June 19, 1998, (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
paragraph (a)(2) of this Section that is |
committed on or after June 19,
1998, 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.
|