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| Public Act 101-0440 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-6-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and regulations for sentence credit.
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(a)(1) The Department of Corrections shall prescribe rules
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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.
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(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) Except as provided in paragraph (4.7) of this | ||||
subsection (a), 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:
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(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;
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(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,
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intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a
child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated
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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;
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(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular hijacking,
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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;
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(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;
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(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;
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(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
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(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
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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
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of imprisonment or recommitment under Section 3-3-9.
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(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.
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(2.3) Except as provided in paragraph (4.7) of this | ||
subsection (a), 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.
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(2.4) Except as provided in paragraph (4.7) of this | ||
subsection (a), 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
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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.
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(2.5) Except as provided in paragraph (4.7) of this | ||
subsection (a), 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
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4.5 days of sentence credit for each month of his or her | ||
sentence of
imprisonment.
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(2.6) Except as provided in paragraph (4.7) of this | ||
subsection (a), 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
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imprisonment. | ||
(3) In addition to the sentence credits earned under | ||
paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | ||
the rules and regulations shall also provide that
the Director | ||
may award up to 180 days of earned 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.
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Eligible inmates for an award of earned 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.
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Eligibility for the additional earned sentence credit under | ||
this paragraph (3) shall be based on, but is not limited to, | ||
the results of any available risk/needs assessment or other | ||
relevant assessments or evaluations administered by the | ||
Department using a validated instrument, the circumstances of | ||
the crime, any history of conviction for a forcible felony | ||
enumerated in Section 2-8 of the Criminal Code of 2012, the | ||
inmate's behavior and disciplinary history while incarcerated, | ||
and the inmate's commitment to rehabilitation, including | ||
participation in programming offered by the Department. | ||
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 earned sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 | ||
days as the sentence will allow; | ||
(B-1) has received a risk/needs assessment or other | ||
relevant evaluation or assessment administered by the | ||
Department using a validated instrument; and | ||
(C) has met the eligibility criteria established by | ||
rule for earned sentence credit. | ||
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 earned | ||
sentence credit no later than February 1 of each year. 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 earned sentence | ||
credit; | ||
(B) the average amount of earned sentence credit | ||
awarded; | ||
(C) the holding offenses of inmates awarded earned | ||
sentence credit; and | ||
(D) the number of earned sentence credit revocations. | ||
(4)(A) Except as provided in paragraph (4.7) of this | ||
subsection (a), 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.
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(B) The Department shall award sentence credit under this | ||
paragraph (4) accumulated prior to the effective date of this | ||
amendatory Act of the 101st General Assembly in an amount | ||
specified in subparagraph (C) of this paragraph (4) to an | ||
inmate serving a sentence for an offense committed prior to | ||
June 19, 1998, if the Department determines that the inmate is | ||
entitled to this sentence credit, based upon: | ||
(i) documentation provided by the Department that the | ||
inmate engaged in any full-time 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 completed the assigned | ||
program as determined by the standards of the Department | ||
during the inmate's current term of incarceration; or | ||
(ii) the inmate's own testimony in the form of an | ||
affidavit or documentation, or a third party's | ||
documentation or testimony in the form of an affidavit that | ||
the inmate likely engaged in any full-time substance abuse | ||
programs, correctional industry assignments, educational | ||
programs, behavior modification programs, life skills | ||
courses, or re-entry planning provided by the Department | ||
under paragraph (4) and satisfactorily completed the | ||
assigned program as determined by the standards of the | ||
Department during the inmate's current term of | ||
incarceration. | ||
(C) If the inmate can provide documentation that he or she | ||
is entitled to sentence credit under subparagraph (B) in excess | ||
of 45 days of participation in those programs, the inmate shall | ||
receive 90 days of sentence credit. If the inmate cannot | ||
provide documentation of more than 45 days of participation | ||
those programs, the inmate shall receive 45 days of sentence | ||
credit. In the event of a disagreement between the Department | ||
and the inmate as to the amount of credit accumulated under | ||
subparagraph (B), if the Department provides documented proof | ||
of a lesser amount of days of participation in those programs, | ||
that proof shall control. If the Department provides no | ||
documentary proof, the inmate's proof as set forth in clause | ||
(ii) of subparagraph (B) shall control as to the amount of | ||
sentence credit provided. | ||
(D) If the inmate has been convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, | ||
sentencing credits under subparagraph (B) of this paragraph (4) | ||
shall be awarded by the Department only if the conditions set | ||
forth in paragraph (4.6) of subsection (a) are satisfied. No | ||
inmate serving a term of natural life imprisonment shall | ||
receive sentence credit under subparagraph (B) of this | ||
paragraph (4). | ||
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
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program participants.
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Availability of these programs shall be subject to the
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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.
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(4.1) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that an additional 90 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.
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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 90 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. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an additional | ||
180 days of sentence credit shall be awarded to any prisoner | ||
who obtains a bachelor's degree 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 under the | ||
guidelines and restrictions set forth in paragraph (4) of this | ||
subsection (a). The sentence credit provided for in this | ||
paragraph shall be available only to those prisoners who have | ||
not earned a bachelor's degree prior to the current commitment | ||
to the Department of Corrections. If, after an award of the | ||
bachelor's degree 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 180 days of | ||
sentence credit to any committed person who earned a bachelor's | ||
degree while he or she was held in pre-trial detention prior to | ||
the current commitment to the Department of Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an additional | ||
180 days of sentence credit shall be awarded to any prisoner | ||
who obtains a master's or professional degree 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 | ||
under the guidelines and restrictions set forth in paragraph | ||
(4) of this subsection (a). The sentence credit provided for in | ||
this paragraph shall be available only to those prisoners who | ||
have not previously earned a master's or professional degree | ||
prior to the current commitment to the Department of | ||
Corrections. If, after an award of the master's or professional | ||
degree 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 180 days of sentence | ||
credit to any committed person who earned a master's or | ||
professional degree 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
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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 | ||
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. | ||
(4.7) On or after the effective date of this amendatory Act | ||
of the 100th General Assembly, sentence credit under paragraph | ||
(3), (4), or (4.1) of this subsection (a) may be awarded to a | ||
prisoner who is serving a sentence for an offense described in | ||
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||
on or after the effective date of this amendatory Act of the | ||
100th General Assembly; provided, the award of the credits | ||
under this paragraph (4.7) shall not reduce the sentence of the | ||
prisoner to less than the following amounts: | ||
(i) 85% of his or her sentence if the prisoner is | ||
required to serve 85% of his or her sentence; or | ||
(ii) 60% of his or her sentence if the prisoner is | ||
required to serve 75% of his or her sentence, except if the | ||
prisoner is serving a sentence for gunrunning his or her | ||
sentence shall not be reduced to less than 75%. | ||
(iii) 100% of his or her sentence if the prisoner is | ||
required to serve 100% of his or her sentence. This | ||
paragraph (4.7) shall not apply to a prisoner serving a | ||
sentence for an offense described in subparagraph (i) of | ||
paragraph (2) of this subsection (a). | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of earned | ||
sentence credit 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, | ||
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 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. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575, | ||
eff. 1-8-18.)
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