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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1293
Introduced 2/20/2007, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Provides that 90 days of early release from parole shall be awarded to any parolee who passes the high school level Test of General Educational Development (GED) while the parolee is on parole. Provides that the early release from parole awarded shall be in addition to, and shall not be affected by, the award of good conduct under any other provision, but shall not be pursuant to the guidelines and restrictions set forth for prisoners engaged in full-time educational programs provided by the Department of Corrections. Provides that the early release from parole shall be available only to parolees who have not yet previously earned a high school diploma or a GED.
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A BILL FOR
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HB1293 |
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LRB095 09598 RLC 29798 b |
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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 |
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| 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 Early Release.
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| (a) (1) The Department of Corrections shall prescribe |
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| rules
and regulations for the early release on account of |
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| good
conduct of persons committed to the Department which |
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| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall |
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| provide, with
respect to offenses listed in clause (i), |
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| (ii), or (iii) of this paragraph (2) committed on or after |
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| June 19, 1998 or with respect to the offense listed in |
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| clause (iv) of this paragraph (2) committed on or after |
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| June 23, 2005 (the effective date of Public Act 94-71) or |
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| with respect to the offense of being an armed habitual |
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| criminal committed on or after August 2, 2005 (the |
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| effective date of Public Act 94-398), the following:
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| (i) that a prisoner who is serving a term of |
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| imprisonment for first
degree murder or for the offense |
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| of terrorism shall receive no good conduct
credit and |
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LRB095 09598 RLC 29798 b |
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| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt |
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| to commit first
degree murder, solicitation of murder, |
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| solicitation of murder for hire,
intentional homicide |
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| of an unborn child, predatory criminal sexual assault |
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| of a
child, aggravated criminal sexual assault, |
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| criminal sexual assault, aggravated
kidnapping, |
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| aggravated battery with a firearm, heinous battery, |
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| being an armed habitual criminal, aggravated
battery |
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| of a senior citizen, or aggravated battery of a child |
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| shall receive no
more than 4.5 days of good conduct |
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| credit for each month of his or her sentence
of |
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| imprisonment;
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| (iii) that a prisoner serving a sentence
for home |
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| invasion, armed robbery, aggravated vehicular |
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| hijacking,
aggravated discharge of a firearm, or armed |
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| violence with a category I weapon
or category II |
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| weapon, when the court
has made and entered a finding, |
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| pursuant to subsection (c-1) of Section 5-4-1
of this |
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| Code, that the conduct leading to conviction for the |
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| enumerated offense
resulted in great bodily harm to a |
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| victim, shall receive no more than 4.5 days
of good |
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| conduct credit for each month of his or her sentence of |
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| imprisonment; and
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| (iv) that a prisoner serving a sentence for |
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| aggravated discharge of a firearm, whether or not the |
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LRB095 09598 RLC 29798 b |
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| conduct leading to conviction for the offense resulted |
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| in great bodily harm to the victim, shall receive no |
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| more than 4.5 days of good conduct credit for each |
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| month of his or her sentence of imprisonment.
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| (2.1) For all offenses, other than those enumerated in |
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| subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
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| June 19, 1998 or subdivision (a)(2)(iv) committed on or |
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| after June 23, 2005 (the effective date of Public Act |
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| 94-71), and other than the offense of reckless
homicide as |
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| defined in subsection (e) of Section 9-3 of the Criminal |
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| Code of
1961 committed on or after January 1, 1999,
or |
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| aggravated driving under the influence of alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit |
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| for each day of
his or her sentence of imprisonment or |
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| recommitment under Section 3-3-9.
Each day of good conduct |
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| credit shall reduce by one day the prisoner's period
of |
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| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life |
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| imprisonment or a
prisoner who has been sentenced to death |
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| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall |
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LRB095 09598 RLC 29798 b |
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| provide that
a prisoner who is serving a sentence for |
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| reckless homicide as defined in
subsection (e) of Section |
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| 9-3 of the Criminal Code of 1961 committed on or
after |
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| January 1, 1999, or aggravated driving under the influence |
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| of alcohol,
other drug or drugs, or intoxicating compound |
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| or compounds, or any combination
thereof as defined in |
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| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive |
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| no more than 4.5
days of good conduct credit for each month |
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| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall |
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| provide with
respect to the offenses of aggravated battery |
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| with a machine gun or a firearm
equipped with any device or |
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| attachment designed or used for silencing the
report of a |
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| firearm or aggravated discharge of a machine gun or a |
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| firearm
equipped with any device or attachment designed or |
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| used for silencing the
report of a firearm, committed on or |
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| after
July 15, 1999 (the effective date of Public Act |
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| 91-121),
that a prisoner serving a sentence for any of |
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| these offenses shall receive no
more than 4.5 days of good |
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| conduct credit for each month of his or her sentence
of |
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| imprisonment.
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| (2.5) The rules and regulations on early release shall |
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| provide that a
prisoner who is serving a sentence for |
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| aggravated arson committed on or after
July 27, 2001 (the |
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| effective date of Public Act 92-176) shall receive no more |
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LRB095 09598 RLC 29798 b |
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| than
4.5 days of good conduct credit for each month of his |
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| or her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good |
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| conduct
credit for meritorious service in specific |
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| instances as the
Director deems proper; except that no more |
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| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence |
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| for
conviction of first degree murder, reckless homicide |
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| while under the
influence of alcohol or any other drug,
or |
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| aggravated driving under the influence of alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated |
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| criminal sexual assault, criminal sexual assault, deviate |
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| sexual
assault, aggravated criminal sexual abuse, |
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| aggravated indecent liberties
with a child, indecent |
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| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated |
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| battery of a spouse
with a firearm, stalking, aggravated |
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| stalking, aggravated battery of a child,
endangering the |
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| life or health of a child, cruelty to a child, or narcotic
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| racketeering. Notwithstanding the foregoing, good conduct |
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| credit for
meritorious service shall not be awarded on a
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LRB095 09598 RLC 29798 b |
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| sentence of imprisonment imposed for conviction of: (i) one |
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| of the offenses
enumerated in subdivision (a)(2)(i), (ii), |
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| or (iii) when the offense is committed on or after
June 19, |
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| 1998 or subdivision (a)(2)(iv) when the offense is |
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| committed on or after June 23, 2005 (the effective date of |
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| Public Act 94-71), (ii) reckless homicide as
defined in |
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| subsection (e) of Section 9-3 of the Criminal Code of 1961 |
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| when
the offense is committed on or after January 1, 1999,
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| or aggravated driving under the influence of alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of |
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| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, (iii) one of the offenses enumerated |
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| in subdivision
(a)(2.4) when the offense is committed on or |
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| after
July 15, 1999 (the effective date of Public Act |
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| 91-121),
or (iv) aggravated arson when the offense is |
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| committed
on or after July 27, 2001 (the effective date of |
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| Public Act 92-176).
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| (4) The rules and regulations shall also provide that |
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| the good conduct
credit accumulated and retained under |
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| paragraph (2.1) of subsection (a) of
this Section by any |
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| inmate during specific periods of time in which such
inmate |
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| is engaged full-time in substance abuse programs, |
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| correctional
industry assignments, or educational programs |
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| provided by the Department
under this paragraph (4) and |
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| satisfactorily completes the assigned program as
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LRB095 09598 RLC 29798 b |
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| determined by the standards of the Department, shall be |
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| multiplied by a factor
of 1.25 for program participation |
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| before August 11, 1993
and 1.50 for program participation |
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| on or after that date.
However, no inmate shall be eligible |
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| for the additional good conduct credit
under this paragraph |
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| (4) or (4.1) of this subsection (a) while assigned to a |
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| boot camp
or electronic detention, or if convicted of an |
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| offense enumerated in
subdivision (a)(2)(i), (ii), or |
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| (iii) of this Section that is committed on or after June |
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| 19,
1998 or subdivision (a)(2)(iv) of this Section that is |
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| committed on or after June 23, 2005 (the effective date of |
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| Public Act 94-71), or if convicted of reckless homicide as |
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| defined in subsection (e) of
Section 9-3 of the Criminal |
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| Code of 1961 if the offense is committed on or
after |
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| January 1, 1999,
or aggravated driving under the influence |
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| of alcohol, other drug or drugs, or
intoxicating compound |
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| or compounds, or any combination thereof as defined in
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| subparagraph (F) of paragraph (1) of subsection (d) of |
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| Section 11-501 of the
Illinois Vehicle Code, or if |
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| convicted of an offense enumerated in paragraph
(a)(2.4) of |
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| this Section that is committed on or after
July 15, 1999 |
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| (the effective date of Public Act 91-121),
or first degree |
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| murder, a Class X felony, criminal sexual
assault, felony |
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| criminal sexual abuse, aggravated criminal sexual abuse,
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| aggravated battery with a firearm, or any predecessor or |
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| successor offenses
with the same or substantially the same |
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LRB095 09598 RLC 29798 b |
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| elements, or any inchoate offenses
relating to the |
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| foregoing offenses. No inmate shall be eligible for the
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| additional good conduct credit under this paragraph (4) who |
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| (i) has previously
received increased good conduct credit |
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| under this paragraph (4) and has
subsequently been |
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| convicted of a
felony, or (ii) has previously served more |
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| than one prior sentence of
imprisonment for a felony in an |
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| adult correctional facility.
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| Educational, vocational, substance abuse and |
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| correctional
industry programs under which good conduct |
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| credit may be increased under
this paragraph (4) and |
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| paragraph (4.1) of this subsection (a) shall be evaluated |
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| by the Department on the basis of
documented standards. The |
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| Department shall report the results of these
evaluations to |
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| the Governor and the General Assembly by September 30th of |
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| each
year. The reports shall include data relating to the |
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| recidivism rate among
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 |
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| Assembly for these
purposes. Eligible inmates who are |
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| denied immediate admission shall be
placed on a waiting |
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| list under criteria established by the Department.
The |
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| inability of any inmate to become engaged in any such |
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| programs
by reason of insufficient program resources or for |
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| any other reason
established under the rules and |
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| regulations of the Department shall not be
deemed a cause |
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LRB095 09598 RLC 29798 b |
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| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the |
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| inmate.
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| (4.1) The rules and regulations shall also provide that |
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| an additional 60 days of good conduct credit shall be |
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| awarded to any prisoner who passes the high school level |
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| Test of General Educational Development (GED) while the |
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| prisoner is incarcerated. The good conduct credit awarded |
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| under this paragraph (4.1) shall be in addition to, and |
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| shall not affect, the award of good conduct under any other |
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| paragraph of this Section, but shall also be pursuant to |
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| the guidelines and restrictions set forth in paragraph (4) |
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| of subsection (a) of this Section.
The good conduct credit |
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| provided for in this paragraph shall be available only to |
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| those prisoners who have not previously earned a high |
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| school diploma or a GED. If, after an award of the GED good |
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| conduct credit has been made and the Department determines |
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| that the prisoner was not eligible, then the award shall be |
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| revoked.
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| (4.5) The rules and regulations on early release shall |
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| also provide that
when the court's sentencing order |
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| recommends a prisoner for substance abuse treatment and the
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| crime was committed on or after September 1, 2003 (the |
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| effective date of
Public Act 93-354), the prisoner shall |
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| receive no good conduct credit awarded under clause (3) of |
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| this subsection (a) unless he or she participates in and
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LRB095 09598 RLC 29798 b |
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| completes a substance abuse treatment program. The |
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| Director may waive the requirement to participate in or |
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| complete a substance abuse treatment program and award the |
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| good conduct credit in specific instances if the prisoner |
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| is not a good candidate for a substance abuse treatment |
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| program for medical, programming, or operational reasons. |
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| Availability of
substance abuse treatment shall be subject |
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| to the limits of fiscal resources
appropriated by the |
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| General Assembly for these purposes. If treatment is not
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| available and the requirement to participate and complete |
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| the treatment has not been waived by the Director, the |
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| prisoner shall be placed on a waiting list under criteria
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| established by the Department. The Director may allow a |
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| prisoner placed on
a waiting list to participate in and |
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| complete a substance abuse education class or attend |
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| substance
abuse self-help meetings in lieu of a substance |
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| abuse treatment program. A prisoner on a waiting list who |
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| is not placed in a substance abuse program prior to release |
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| may be eligible for a waiver and receive good conduct |
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| credit under clause (3) of this subsection (a) at the |
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| discretion of the Director.
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| (4.6) Due to the importance of education on recidivism, |
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| the rules and regulations shall also provide that 90 days |
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| of early release from parole shall be awarded to any |
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| parolee who passes the high school level Test of General |
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| Educational Development (GED) while the parolee is on |
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LRB095 09598 RLC 29798 b |
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| parole. The early release from parole awarded under this |
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| paragraph (4.6) shall be in addition to, and shall not be |
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| affected by, the award of good conduct under any other |
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| paragraph of this Section, but shall not be pursuant to the |
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| guidelines and restrictions set forth in paragraph (4) of |
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| this subsection (a). The early release from parole provided |
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| for in this paragraph shall be available only to parolees |
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| who have not yet previously earned a high school diploma or |
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| a GED.
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| (5) Whenever the Department is to release any inmate |
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| earlier than it
otherwise would because of a grant of good |
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| conduct credit for meritorious
service given at any time |
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| during the term, the Department shall give
reasonable |
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| advance notice of the impending release to the State's
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| Attorney of the county where the prosecution of the inmate |
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| took place.
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| (b) Whenever a person is or has been committed under
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
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| for revoking good conduct credit, or suspending or reducing
the |
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| rate of accumulation of good conduct credit for specific
rule |
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| violations, during imprisonment. These rules and regulations
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| shall provide that no inmate may be penalized more than one
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| year of good conduct credit for any one infraction.
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LRB095 09598 RLC 29798 b |
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| When the Department seeks to revoke, suspend or reduce
the |
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| rate of accumulation of any good conduct credits for
an alleged |
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| infraction of its rules, it shall bring charges
therefor |
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| against the prisoner sought to be so deprived of
good conduct |
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| credits before the Prisoner Review Board as
provided in |
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| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
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| amount of credit at issue exceeds 30 days or
when during any 12 |
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| month period, the cumulative amount of
credit revoked exceeds |
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| 30 days except where the infraction is committed
or discovered |
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| within 60 days of scheduled release. In those cases,
the |
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| Department of Corrections may revoke up to 30 days of good |
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| conduct credit.
The Board may subsequently approve the |
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| revocation of additional good
conduct credit, if the Department |
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| seeks to revoke good conduct credit in
excess of 30 days. |
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| However, the Board shall not be empowered to review the
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| Department's decision with respect to the loss of 30 days of |
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| good conduct
credit within any calendar year for any prisoner |
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| or to increase any penalty
beyond the length requested by the |
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| Department.
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| The Director of the Department of Corrections, in |
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| appropriate cases, may
restore up to 30 days good conduct |
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| credits which have been revoked, suspended
or reduced. Any |
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| restoration of good conduct credits in excess of 30 days shall
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| be subject to review by the Prisoner Review Board. However, the |
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| Board may not
restore good conduct credit in excess of the |
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| amount requested by the Director.
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HB1293 |
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LRB095 09598 RLC 29798 b |
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| Nothing contained in this Section shall prohibit the |
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| Prisoner Review Board
from ordering, pursuant to Section |
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| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
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| sentence imposed by the court that was not served due to the
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| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or |
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| federal court
against the State, the Department of Corrections, |
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| or the Prisoner Review Board,
or against any of
their officers |
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| or employees, and the court makes a specific finding that a
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| pleading, motion, or other paper filed by the prisoner is |
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| frivolous, the
Department of Corrections shall conduct a |
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| hearing to revoke up to
180 days of good conduct credit by |
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| bringing charges against the prisoner
sought to be deprived of |
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| the good conduct credits before the Prisoner Review
Board as |
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| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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| If the prisoner has not accumulated 180 days of good conduct |
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| credit at the
time of the finding, then the Prisoner Review |
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| Board may revoke all
good conduct credit accumulated by the |
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| prisoner.
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| For purposes of this subsection (d):
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| (1) "Frivolous" means that a pleading, motion, or other |
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| filing which
purports to be a legal document filed by a |
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| prisoner in his or her lawsuit meets
any or all of the |
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| following criteria:
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| (A) it lacks an arguable basis either in law or in |
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| fact;
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HB1293 |
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LRB095 09598 RLC 29798 b |
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| (B) it is being presented for any improper purpose, |
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| such as to harass or
to cause unnecessary delay or |
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| needless increase in the cost of litigation;
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| (C) the claims, defenses, and other legal |
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| contentions therein are not
warranted by existing law |
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| or by a nonfrivolous argument for the extension,
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| modification, or reversal of existing law or the |
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| establishment of new law;
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| (D) the allegations and other factual contentions |
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| do not have
evidentiary
support or, if specifically so |
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| identified, are not likely to have evidentiary
support |
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| after a reasonable opportunity for further |
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| investigation or discovery;
or
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| (E) the denials of factual contentions are not |
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| warranted on the
evidence, or if specifically so |
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| identified, are not reasonably based on a lack
of |
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| information or belief.
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| (2) "Lawsuit" means a petition for post-conviction |
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| relief under Article
122 of the Code of Criminal Procedure |
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| of 1963, a motion pursuant to Section
116-3 of the Code of |
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| Criminal Procedure of 1963, a habeas corpus action under
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| Article X of the Code of Civil Procedure or under federal |
23 |
| law (28 U.S.C. 2254),
a petition for claim under the Court |
24 |
| of Claims Act or an action under the
federal Civil Rights |
25 |
| Act (42 U.S.C. 1983).
|
26 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the |
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|
|
HB1293 |
- 15 - |
LRB095 09598 RLC 29798 b |
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|
1 |
| validity of Public Act 89-404.
|
2 |
| (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, |
3 |
| eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, |
4 |
| eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
|