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Public Act 102-0784 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 3-5-1 and 3-6-3 as follows:
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(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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Sec. 3-5-1. Master Record File.
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(a) The Department of Corrections and the Department of | ||||
Juvenile Justice shall
maintain a master record file on each | ||||
person committed to it,
which shall contain the following | ||||
information:
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(1) all information from the committing court;
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(1.5) ethnic and racial background data collected in | ||||
accordance with Section 4.5 of the Criminal Identification | ||||
Act; | ||||
(2) reception summary;
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(3) evaluation and assignment reports and | ||||
recommendations;
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(4) reports as to program assignment and progress;
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(5) reports of disciplinary infractions and | ||||
disposition, including tickets and Administrative Review | ||||
Board action;
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(6) any parole or aftercare release plan;
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(7) any parole or aftercare release reports;
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(8) the date and circumstances of final discharge; | ||
(9) criminal history; | ||
(10) current and past gang affiliations and ranks; | ||
(11) information regarding associations and family | ||
relationships; | ||
(12) any grievances filed and responses to those | ||
grievances; and | ||
(13) other information that the respective Department | ||
determines is relevant to the secure confinement and | ||
rehabilitation of the committed person.
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(b) All files shall be confidential and access shall be
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limited to authorized personnel of the respective Department | ||
or by disclosure in accordance with a court order or subpoena .
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Personnel of other correctional, welfare or law enforcement
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agencies may have access to files under rules and regulations
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of the respective Department. The respective Department shall | ||
keep a record of all
outside personnel who have access to | ||
files, the files reviewed,
any file material copied, and the | ||
purpose of access. If the
respective Department or the | ||
Prisoner Review Board makes a determination
under this Code | ||
which affects the length of the period of
confinement or | ||
commitment, the committed person and his counsel
shall be | ||
advised of factual information relied upon by the
respective | ||
Department or Board to make the determination, provided that
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the Department or Board shall not be required to advise a
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person committed to the Department of Juvenile Justice any | ||
such information
which in the opinion of the Department of | ||
Juvenile Justice or Board would be
detrimental to his | ||
treatment or rehabilitation.
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(c) The master file shall be maintained at a place
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convenient to its use by personnel of the respective | ||
Department in
charge of the person. When custody of a person is | ||
transferred
from the Department to another department or | ||
agency, a
summary of the file shall be forwarded to the | ||
receiving
agency with such other information required by law | ||
or
requested by the agency under rules and regulations of the
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respective Department.
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(d) The master file of a person no longer in the custody
of | ||
the respective Department shall be placed on inactive status | ||
and its
use shall be restricted subject to rules and | ||
regulations of
the Department.
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(e) All public agencies may make available to the
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respective Department on request any factual data not | ||
otherwise
privileged as a matter of law in their possession in | ||
respect
to individuals committed to the respective Department.
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(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15; | ||
98-558, eff. 1-1-14; 98-756, eff. 7-16-14 .)
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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 of Corrections and the | ||
Department of Juvenile Justice shall prescribe rules and | ||
regulations for awarding and revoking sentence credit for | ||
persons committed to the Department of Juvenile Justice under | ||
Section 5-8-6 of the Unified Code of Corrections, which shall
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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 of Corrections or the Department | ||
of Juvenile Justice 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
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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
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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
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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
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
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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.
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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
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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
July 15, 1999 (the effective date of Public Act 91-121),
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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
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
imprisonment. | ||
(3) In addition to the sentence credits earned under | ||
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that
the Director of Corrections or the Director of Juvenile | ||
Justice may award up to 180 days of earned sentence
credit for | ||
prisoners serving a sentence of incarceration of less than 5 | ||
years, and up to 365 days of earned sentence credit for | ||
prisoners serving a sentence of 5 years or longer. The | ||
Director may grant this credit for good conduct in specific | ||
instances as either the
Director deems proper for eligible | ||
persons in the custody of each Director's respective |
Department . 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 either
the Director's or his or her designee's sole | ||
discretion.
Eligibility for the additional earned sentence | ||
credit under this paragraph (3) may be based on, but is not | ||
limited to, participation in programming offered by the | ||
Department as appropriate for the prisoner based on 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, demonstrated commitment to rehabilitation by a | ||
prisoner with a history of conviction for a forcible felony | ||
enumerated in Section 2-8 of the Criminal Code of 2012, the | ||
inmate's behavior and improvements in disciplinary history | ||
while incarcerated, and the inmate's commitment to | ||
rehabilitation, including participation in programming offered | ||
by the Department. | ||
The Director of Corrections or the Director of Juvenile | ||
Justice 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 either the Director to extend an |
inmate's sentence beyond that which was imposed by the court. | ||
Prior to awarding credit under this paragraph (3), each 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 of Corrections or the Director of Juvenile | ||
Justice 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 any prisoner who is engaged full-time in substance abuse | ||
programs, correctional
industry assignments, educational | ||
programs, work-release programs or activities in accordance | ||
with Article 13 of Chapter III of this Code, 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
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determined by the standards of the Department, shall receive | ||
one day of sentence credit for each day in which that prisoner | ||
is engaged in the activities described in this paragraph.
The | ||
rules and regulations shall also provide that sentence credit | ||
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. The rules and regulations shall also provide | ||
that sentence credit may be provided to an inmate who is in | ||
compliance with programming requirements in an adult |
transition center.
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(B) The Department shall award sentence credit under this | ||
paragraph (4) accumulated prior to January 1, 2020 (the | ||
effective date of Public Act 101-440) 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 in 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 earned 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 rules and | ||
regulations shall provide that a prisoner who has been placed | ||
on a waiting list but is transferred for non-disciplinary | ||
reasons before beginning a program shall receive priority | ||
placement on the waitlist for appropriate programs at the new | ||
facility.
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. The | ||
rules and regulations shall provide that a prisoner who begins | ||
an educational, vocational, substance abuse, work-release | ||
programs or activities in accordance with Article 13 of | ||
Chapter III of this Code, behavior modification program, life |
skills course, re-entry planning, or correctional industry | ||
programs but is unable to complete the program due to illness, | ||
disability, transfer, lockdown, or another reason outside of | ||
the prisoner's control shall receive prorated sentence credits | ||
for the days in which the prisoner did participate.
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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 120 days of sentence credit shall be awarded to | ||
any prisoner who obtains an associate degree while the | ||
prisoner is committed to the Department of Corrections, | ||
regardless of the date that the associate degree was obtained, | ||
including if prior to July 1, 2021 (the effective date of | ||
Public Act 101-652). 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 subsection (a) of | ||
this Section. The sentence credit provided for in this | ||
paragraph (4.1) shall be available only to those prisoners who | ||
have not previously earned an associate degree prior to the | ||
current commitment to the Department of Corrections. If, after | ||
an award of the associate degree sentence credit has been made | ||
and the Department determines that the prisoner was not | ||
eligible, then the award shall be revoked. The Department may | ||
also award 120 days of sentence credit to any committed person | ||
who earned an associate 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 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. | ||
(4.2) The rules and regulations shall also provide that | ||
any prisoner engaged in self-improvement programs, volunteer | ||
work, or work assignments that are not otherwise eligible | ||
activities under paragraph (4), shall receive up to 0.5 days | ||
of sentence credit for each day in which the prisoner is | ||
engaged in activities described in this paragraph. | ||
(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 of Corrections 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 |
either the Director's sole discretion, be awarded sentence | ||
credit at a rate as the Director shall determine. | ||
(4.7) On or after January 1, 2018 (the effective date of | ||
Public Act 100-3), 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 January 1, 2018 (the effective date of Public Act | ||
100-3); 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. | ||
(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) (1) 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 establishing and requiring the use of a sanctions | ||
matrix for revoking sentence credit. 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.
| ||
(2) 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, whether from one | ||
infraction or cumulatively from multiple infractions arising | ||
out of a single event, 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.
| ||
(3) The Director of the Department of Corrections or the | ||
Director of Juvenile Justice , in appropriate cases, may
| ||
restore sentence credits which have been revoked, suspended,
|
or reduced. The Department shall prescribe rules and | ||
regulations governing the restoration of sentence credits. | ||
These rules and regulations shall provide for the automatic | ||
restoration of sentence credits following a period in which | ||
the prisoner maintains a record without a disciplinary | ||
violation.
| ||
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. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|