96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4746

 

Introduced 1/11/2010, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the early release of prisoners from a facility of the Department of Corrections on account of good conduct.


LRB096 16550 RLC 31822 b

 

 

A BILL FOR

 

HB4746 LRB096 16550 RLC 31822 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-3 as follows:
 
6     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7     Sec. 3-6-3. Rules and Regulations for Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release release on
10     account of good conduct of persons committed to the
11     Department which shall be subject to review by the Prisoner
12     Review Board.
13         (2) The rules and regulations on early release shall
14     provide, with respect to offenses listed in clause (i),
15     (ii), or (iii) of this paragraph (2) committed on or after
16     June 19, 1998 or with respect to the offense listed in
17     clause (iv) of this paragraph (2) committed on or after
18     June 23, 2005 (the effective date of Public Act 94-71) or
19     with respect to offense listed in clause (vi) committed on
20     or after June 1, 2008 (the effective date of Public Act
21     95-625) or with respect to the offense of being an armed
22     habitual criminal committed on or after August 2, 2005 (the
23     effective date of Public Act 94-398) or with respect to the

 

 

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1     offenses listed in clause (v) of this paragraph (2)
2     committed on or after August 13, 2007 (the effective date
3     of Public Act 95-134), the following:
4             (i) that a prisoner who is serving a term of
5         imprisonment for first degree murder or for the offense
6         of terrorism shall receive no good conduct credit and
7         shall serve the entire sentence imposed by the court;
8             (ii) that a prisoner serving a sentence for attempt
9         to commit first degree murder, solicitation of murder,
10         solicitation of murder for hire, intentional homicide
11         of an unborn child, predatory criminal sexual assault
12         of a child, aggravated criminal sexual assault,
13         criminal sexual assault, aggravated kidnapping,
14         aggravated battery with a firearm, heinous battery,
15         being an armed habitual criminal, aggravated battery
16         of a senior citizen, or aggravated battery of a child
17         shall receive no more than 4.5 days of good conduct
18         credit for each month of his or her sentence of
19         imprisonment;
20             (iii) that a prisoner serving a sentence for home
21         invasion, armed robbery, aggravated vehicular
22         hijacking, aggravated discharge of a firearm, or armed
23         violence with a category I weapon or category II
24         weapon, when the court has made and entered a finding,
25         pursuant to subsection (c-1) of Section 5-4-1 of this
26         Code, that the conduct leading to conviction for the

 

 

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1         enumerated offense resulted in great bodily harm to a
2         victim, shall receive no more than 4.5 days of good
3         conduct credit for each month of his or her sentence of
4         imprisonment;
5             (iv) that a prisoner serving a sentence for
6         aggravated discharge of a firearm, whether or not the
7         conduct leading to conviction for the offense resulted
8         in great bodily harm to the victim, shall receive no
9         more than 4.5 days of good conduct credit for each
10         month of his or her sentence of imprisonment;
11             (v) that a person serving a sentence for
12         gunrunning, narcotics racketeering, controlled
13         substance trafficking, methamphetamine trafficking,
14         drug-induced homicide, aggravated
15         methamphetamine-related child endangerment, money
16         laundering pursuant to clause (c) (4) or (5) of Section
17         29B-1 of the Criminal Code of 1961, or a Class X felony
18         conviction for delivery of a controlled substance,
19         possession of a controlled substance with intent to
20         manufacture or deliver, calculated criminal drug
21         conspiracy, criminal drug conspiracy, street gang
22         criminal drug conspiracy, participation in
23         methamphetamine manufacturing, aggravated
24         participation in methamphetamine manufacturing,
25         delivery of methamphetamine, possession with intent to
26         deliver methamphetamine, aggravated delivery of

 

 

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1         methamphetamine, aggravated possession with intent to
2         deliver methamphetamine, methamphetamine conspiracy
3         when the substance containing the controlled substance
4         or methamphetamine is 100 grams or more shall receive
5         no more than 7.5 days good conduct credit for each
6         month of his or her sentence of imprisonment; and
7             (vi) that a prisoner serving a sentence for a
8         second or subsequent offense of luring a minor shall
9         receive no more than 4.5 days of good conduct credit
10         for each month of his or her sentence of imprisonment.
11         (2.1) For all offenses, other than those enumerated in
12     subdivision (a)(2)(i), (ii), or (iii) committed on or after
13     June 19, 1998 or subdivision (a)(2)(iv) committed on or
14     after June 23, 2005 (the effective date of Public Act
15     94-71) or subdivision (a)(2)(v) committed on or after
16     August 13, 2007 (the effective date of Public Act 95-134)
17     or subdivision (a)(2)(vi) committed on or after June 1,
18     2008 (the effective date of Public Act 95-625), and other
19     than the offense of reckless homicide as defined in
20     subsection (e) of Section 9-3 of the Criminal Code of 1961
21     committed on or after January 1, 1999, or aggravated
22     driving under the influence of alcohol, other drug or
23     drugs, or intoxicating compound or compounds, or any
24     combination thereof as defined in subparagraph (F) of
25     paragraph (1) of subsection (d) of Section 11-501 of the
26     Illinois Vehicle Code, the rules and regulations shall

 

 

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1     provide that a prisoner who is serving a term of
2     imprisonment shall receive one day of good conduct credit
3     for each day of his or her sentence of imprisonment or
4     recommitment under Section 3-3-9. Each day of good conduct
5     credit shall reduce by one day the prisoner's period of
6     imprisonment or recommitment under Section 3-3-9.
7         (2.2) A prisoner serving a term of natural life
8     imprisonment or a prisoner who has been sentenced to death
9     shall receive no good conduct credit.
10         (2.3) The rules and regulations on early release shall
11     provide that a prisoner who is serving a sentence for
12     reckless homicide as defined in subsection (e) of Section
13     9-3 of the Criminal Code of 1961 committed on or after
14     January 1, 1999, or aggravated driving under the influence
15     of alcohol, other drug or drugs, or intoxicating compound
16     or compounds, or any combination thereof as defined in
17     subparagraph (F) of paragraph (1) of subsection (d) of
18     Section 11-501 of the Illinois Vehicle Code, shall receive
19     no more than 4.5 days of good conduct credit for each month
20     of his or her sentence of imprisonment.
21         (2.4) The rules and regulations on early release shall
22     provide with respect to the offenses of aggravated battery
23     with a machine gun or a firearm equipped with any device or
24     attachment designed or used for silencing the report of a
25     firearm or aggravated discharge of a machine gun or a
26     firearm equipped with any device or attachment designed or

 

 

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1     used for silencing the report of a firearm, committed on or
2     after July 15, 1999 (the effective date of Public Act
3     91-121), that a prisoner serving a sentence for any of
4     these offenses shall receive no more than 4.5 days of good
5     conduct credit for each month of his or her sentence of
6     imprisonment.
7         (2.5) The rules and regulations on early release shall
8     provide that a prisoner who is serving a sentence for
9     aggravated arson committed on or after July 27, 2001 (the
10     effective date of Public Act 92-176) shall receive no more
11     than 4.5 days of good conduct credit for each month of his
12     or her sentence of imprisonment.
13         (3) The rules and regulations shall also provide that
14     the Director may award up to 180 days additional good
15     conduct credit for meritorious service in specific
16     instances as the Director deems proper; except that no more
17     than 90 days of good conduct credit for meritorious service
18     shall be awarded to any prisoner who is serving a sentence
19     for conviction of first degree murder, reckless homicide
20     while under the influence of alcohol or any other drug, or
21     aggravated driving under the influence of alcohol, other
22     drug or drugs, or intoxicating compound or compounds, or
23     any combination thereof as defined in subparagraph (F) of
24     paragraph (1) of subsection (d) of Section 11-501 of the
25     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
26     predatory criminal sexual assault of a child, aggravated

 

 

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1     criminal sexual assault, criminal sexual assault, deviate
2     sexual assault, aggravated criminal sexual abuse,
3     aggravated indecent liberties with a child, indecent
4     liberties with a child, child pornography, heinous
5     battery, aggravated battery of a spouse, aggravated
6     battery of a spouse with a firearm, stalking, aggravated
7     stalking, aggravated battery of a child, endangering the
8     life or health of a child, or cruelty to a child.
9     Notwithstanding the foregoing, good conduct credit for
10     meritorious service shall not be awarded on a sentence of
11     imprisonment imposed for conviction of: (i) one of the
12     offenses enumerated in subdivision (a)(2)(i), (ii), or
13     (iii) when the offense is committed on or after June 19,
14     1998 or subdivision (a)(2)(iv) when the offense is
15     committed on or after June 23, 2005 (the effective date of
16     Public Act 94-71) or subdivision (a)(2)(v) when the offense
17     is committed on or after August 13, 2007 (the effective
18     date of Public Act 95-134) or subdivision (a)(2)(vi) when
19     the offense is committed on or after June 1, 2008 (the
20     effective date of Public Act 95-625), (ii) reckless
21     homicide as defined in subsection (e) of Section 9-3 of the
22     Criminal Code of 1961 when the offense is committed on or
23     after January 1, 1999, or aggravated driving under the
24     influence of alcohol, other drug or drugs, or intoxicating
25     compound or compounds, or any combination thereof as
26     defined in subparagraph (F) of paragraph (1) of subsection

 

 

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1     (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
2     one of the offenses enumerated in subdivision (a)(2.4) when
3     the offense is committed on or after July 15, 1999 (the
4     effective date of Public Act 91-121), or (iv) aggravated
5     arson when the offense is committed on or after July 27,
6     2001 (the effective date of Public Act 92-176).
7         (4) The rules and regulations shall also provide that
8     the good conduct credit accumulated and retained under
9     paragraph (2.1) of subsection (a) of this Section by any
10     inmate during specific periods of time in which such inmate
11     is engaged full-time in substance abuse programs,
12     correctional industry assignments, or educational programs
13     provided by the Department under this paragraph (4) and
14     satisfactorily completes the assigned program as
15     determined by the standards of the Department, shall be
16     multiplied by a factor of 1.25 for program participation
17     before August 11, 1993 and 1.50 for program participation
18     on or after that date. However, no inmate shall be eligible
19     for the additional good conduct credit under this paragraph
20     (4) or (4.1) of this subsection (a) while assigned to a
21     boot camp or electronic detention, or if convicted of an
22     offense enumerated in subdivision (a)(2)(i), (ii), or
23     (iii) of this Section that is committed on or after June
24     19, 1998 or subdivision (a)(2)(iv) of this Section that is
25     committed on or after June 23, 2005 (the effective date of
26     Public Act 94-71) or subdivision (a)(2)(v) of this Section

 

 

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1     that is committed on or after August 13, 2007 (the
2     effective date of Public Act 95-134) or subdivision
3     (a)(2)(vi) when the offense is committed on or after June
4     1, 2008 (the effective date of Public Act 95-625), or if
5     convicted of reckless homicide as defined in subsection (e)
6     of Section 9-3 of the Criminal Code of 1961 if the offense
7     is committed on or after January 1, 1999, or aggravated
8     driving under the influence of alcohol, other drug or
9     drugs, or intoxicating compound or compounds, or any
10     combination thereof as defined in subparagraph (F) of
11     paragraph (1) of subsection (d) of Section 11-501 of the
12     Illinois Vehicle Code, or if convicted of an offense
13     enumerated in paragraph (a)(2.4) of this Section that is
14     committed on or after July 15, 1999 (the effective date of
15     Public Act 91-121), or first degree murder, a Class X
16     felony, criminal sexual assault, felony criminal sexual
17     abuse, aggravated criminal sexual abuse, aggravated
18     battery with a firearm, or any predecessor or successor
19     offenses with the same or substantially the same elements,
20     or any inchoate offenses relating to the foregoing
21     offenses. No inmate shall be eligible for the additional
22     good conduct credit under this paragraph (4) who (i) has
23     previously received increased good conduct credit under
24     this paragraph (4) and has subsequently been convicted of a
25     felony, or (ii) has previously served more than one prior
26     sentence of imprisonment for a felony in an adult

 

 

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1     correctional facility.
2         Educational, vocational, substance abuse and
3     correctional industry programs under which good conduct
4     credit may be increased under this paragraph (4) and
5     paragraph (4.1) of this subsection (a) shall be evaluated
6     by the Department on the basis of documented standards. The
7     Department shall report the results of these evaluations to
8     the Governor and the General Assembly by September 30th of
9     each year. The reports shall include data relating to the
10     recidivism rate among program participants.
11         Availability of these programs shall be subject to the
12     limits of fiscal resources appropriated by the General
13     Assembly for these purposes. Eligible inmates who are
14     denied immediate admission shall be placed on a waiting
15     list under criteria established by the Department. The
16     inability of any inmate to become engaged in any such
17     programs by reason of insufficient program resources or for
18     any other reason established under the rules and
19     regulations of the Department shall not be deemed a cause
20     of action under which the Department or any employee or
21     agent of the Department shall be liable for damages to the
22     inmate.
23         (4.1) The rules and regulations shall also provide that
24     an additional 60 days of good conduct credit shall be
25     awarded to any prisoner who passes the high school level
26     Test of General Educational Development (GED) while the

 

 

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1     prisoner is incarcerated. The good conduct credit awarded
2     under this paragraph (4.1) shall be in addition to, and
3     shall not affect, the award of good conduct under any other
4     paragraph of this Section, but shall also be pursuant to
5     the guidelines and restrictions set forth in paragraph (4)
6     of subsection (a) of this Section. The good conduct credit
7     provided for in this paragraph shall be available only to
8     those prisoners who have not previously earned a high
9     school diploma or a GED. If, after an award of the GED good
10     conduct credit has been made and the Department determines
11     that the prisoner was not eligible, then the award shall be
12     revoked.
13         (4.5) The rules and regulations on early release shall
14     also provide that when the court's sentencing order
15     recommends a prisoner for substance abuse treatment and the
16     crime was committed on or after September 1, 2003 (the
17     effective date of Public Act 93-354), the prisoner shall
18     receive no good conduct credit awarded under clause (3) of
19     this subsection (a) unless he or she participates in and
20     completes a substance abuse treatment program. The
21     Director may waive the requirement to participate in or
22     complete a substance abuse treatment program and award the
23     good conduct credit in specific instances if the prisoner
24     is not a good candidate for a substance abuse treatment
25     program for medical, programming, or operational reasons.
26     Availability of substance abuse treatment shall be subject

 

 

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1     to the limits of fiscal resources appropriated by the
2     General Assembly for these purposes. If treatment is not
3     available and the requirement to participate and complete
4     the treatment has not been waived by the Director, the
5     prisoner shall be placed on a waiting list under criteria
6     established by the Department. The Director may allow a
7     prisoner placed on a waiting list to participate in and
8     complete a substance abuse education class or attend
9     substance abuse self-help meetings in lieu of a substance
10     abuse treatment program. A prisoner on a waiting list who
11     is not placed in a substance abuse program prior to release
12     may be eligible for a waiver and receive good conduct
13     credit under clause (3) of this subsection (a) at the
14     discretion of the Director.
15         (4.6) The rules and regulations on early release shall
16     also provide that a prisoner who has been convicted of a
17     sex offense as defined in Section 2 of the Sex Offender
18     Registration Act shall receive no good conduct credit
19     unless he or she either has successfully completed or is
20     participating in sex offender treatment as defined by the
21     Sex Offender Management Board. However, prisoners who are
22     waiting to receive such treatment, but who are unable to do
23     so due solely to the lack of resources on the part of the
24     Department, may, at the Director's sole discretion, be
25     awarded good conduct credit at such rate as the Director
26     shall determine.

 

 

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1         (5) Whenever the Department is to release any inmate
2     earlier than it otherwise would because of a grant of good
3     conduct credit for meritorious service given at any time
4     during the term, the Department shall give reasonable
5     advance notice of the impending release to the State's
6     Attorney of the county where the prosecution of the inmate
7     took place.
8     (b) Whenever a person is or has been committed under
9 several convictions, with separate sentences, the sentences
10 shall be construed under Section 5-8-4 in granting and
11 forfeiting of good time.
12     (c) The Department shall prescribe rules and regulations
13 for revoking good conduct credit, or suspending or reducing the
14 rate of accumulation of good conduct credit for specific rule
15 violations, during imprisonment. These rules and regulations
16 shall provide that no inmate may be penalized more than one
17 year of good conduct credit for any one infraction.
18     When the Department seeks to revoke, suspend or reduce the
19 rate of accumulation of any good conduct credits for an alleged
20 infraction of its rules, it shall bring charges therefor
21 against the prisoner sought to be so deprived of good conduct
22 credits before the Prisoner Review Board as provided in
23 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
24 amount of credit at issue exceeds 30 days or when during any 12
25 month period, the cumulative amount of credit revoked exceeds
26 30 days except where the infraction is committed or discovered

 

 

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1 within 60 days of scheduled release. In those cases, the
2 Department of Corrections may revoke up to 30 days of good
3 conduct credit. The Board may subsequently approve the
4 revocation of additional good conduct credit, if the Department
5 seeks to revoke good conduct credit in excess of 30 days.
6 However, the Board shall not be empowered to review the
7 Department's decision with respect to the loss of 30 days of
8 good conduct credit within any calendar year for any prisoner
9 or to increase any penalty beyond the length requested by the
10 Department.
11     The Director of the Department of Corrections, in
12 appropriate cases, may restore up to 30 days good conduct
13 credits which have been revoked, suspended or reduced. Any
14 restoration of good conduct credits in excess of 30 days shall
15 be subject to review by the Prisoner Review Board. However, the
16 Board may not restore good conduct credit in excess of the
17 amount requested by the Director.
18     Nothing contained in this Section shall prohibit the
19 Prisoner Review Board from ordering, pursuant to Section
20 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
21 sentence imposed by the court that was not served due to the
22 accumulation of good conduct credit.
23     (d) If a lawsuit is filed by a prisoner in an Illinois or
24 federal court against the State, the Department of Corrections,
25 or the Prisoner Review Board, or against any of their officers
26 or employees, and the court makes a specific finding that a

 

 

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1 pleading, motion, or other paper filed by the prisoner is
2 frivolous, the Department of Corrections shall conduct a
3 hearing to revoke up to 180 days of good conduct credit by
4 bringing charges against the prisoner sought to be deprived of
5 the good conduct credits before the Prisoner Review Board as
6 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
7 If the prisoner has not accumulated 180 days of good conduct
8 credit at the time of the finding, then the Prisoner Review
9 Board may revoke all good conduct credit accumulated by the
10 prisoner.
11     For purposes of this subsection (d):
12         (1) "Frivolous" means that a pleading, motion, or other
13     filing which purports to be a legal document filed by a
14     prisoner in his or her lawsuit meets any or all of the
15     following criteria:
16             (A) it lacks an arguable basis either in law or in
17         fact;
18             (B) it is being presented for any improper purpose,
19         such as to harass or to cause unnecessary delay or
20         needless increase in the cost of litigation;
21             (C) the claims, defenses, and other legal
22         contentions therein are not warranted by existing law
23         or by a nonfrivolous argument for the extension,
24         modification, or reversal of existing law or the
25         establishment of new law;
26             (D) the allegations and other factual contentions

 

 

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1         do not have evidentiary support or, if specifically so
2         identified, are not likely to have evidentiary support
3         after a reasonable opportunity for further
4         investigation or discovery; or
5             (E) the denials of factual contentions are not
6         warranted on the evidence, or if specifically so
7         identified, are not reasonably based on a lack of
8         information or belief.
9         (2) "Lawsuit" means a motion pursuant to Section 116-3
10     of the Code of Criminal Procedure of 1963, a habeas corpus
11     action under Article X of the Code of Civil Procedure or
12     under federal law (28 U.S.C. 2254), a petition for claim
13     under the Court of Claims Act, an action under the federal
14     Civil Rights Act (42 U.S.C. 1983), or a second or
15     subsequent petition for post-conviction relief under
16     Article 122 of the Code of Criminal Procedure of 1963
17     whether filed with or without leave of court or a second or
18     subsequent petition for relief from judgment under Section
19     2-1401 of the Code of Civil Procedure.
20     (e) Nothing in Public Act 90-592 or 90-593 affects the
21 validity of Public Act 89-404.
22     (f) Whenever the Department is to release any inmate who
23 has been convicted of a violation of an order of protection
24 under Section 12-30 of the Criminal Code of 1961, earlier than
25 it otherwise would because of a grant of good conduct credit,
26 the Department, as a condition of such early release, shall

 

 

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1 require that the person, upon release, be placed under
2 electronic surveillance as provided in Section 5-8A-7 of this
3 Code.
4 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
5 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
6 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
7 eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
8 eff. 8-21-08.)