98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1137

 

Introduced , by Rep. Emily McAsey

 

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 a Section concerning rules and regulations for early release on account of good conduct of persons committed to the Department of Corrections.


LRB098 06271 RLC 36312 b

 

 

A BILL FOR

 

HB1137LRB098 06271 RLC 36312 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing 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 Sentence Credit.
8        (a) (1) The Department of Corrections shall shall
9    prescribe rules and regulations for awarding and revoking
10    sentence credit for persons committed to the Department
11    which shall be subject to review by the Prisoner Review
12    Board.
13        (1.5) As otherwise provided by law, sentence credit may
14    be awarded for the following:
15            (A) successful completion of programming while in
16        custody of the Department or while in custody prior to
17        sentencing;
18            (B) compliance with the rules and regulations of
19        the Department; or
20            (C) service to the institution, service to a
21        community, or service to the State.
22        (2) The rules and regulations on sentence credit shall
23    provide, with respect to offenses listed in clause (i),

 

 

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1    (ii), or (iii) of this paragraph (2) committed on or after
2    June 19, 1998 or with respect to the offense listed in
3    clause (iv) of this paragraph (2) committed on or after
4    June 23, 2005 (the effective date of Public Act 94-71) or
5    with respect to offense listed in clause (vi) committed on
6    or after June 1, 2008 (the effective date of Public Act
7    95-625) or with respect to the offense of being an armed
8    habitual criminal committed on or after August 2, 2005 (the
9    effective date of Public Act 94-398) or with respect to the
10    offenses listed in clause (v) of this paragraph (2)
11    committed on or after August 13, 2007 (the effective date
12    of Public Act 95-134) or with respect to the offense of
13    aggravated domestic battery committed on or after July 23,
14    2010 (the effective date of Public Act 96-1224) or with
15    respect to the offense of attempt to commit terrorism
16    committed on or after the effective date of this amendatory
17    Act of the 97th General Assembly, the following:
18            (i) that a prisoner who is serving a term of
19        imprisonment for first degree murder or for the offense
20        of terrorism shall receive no sentence credit and shall
21        serve the entire sentence imposed by the court;
22            (ii) that a prisoner serving a sentence for attempt
23        to commit terrorism, attempt to commit first degree
24        murder, solicitation of murder, solicitation of murder
25        for hire, intentional homicide of an unborn child,
26        predatory criminal sexual assault of a child,

 

 

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1        aggravated criminal sexual assault, criminal sexual
2        assault, aggravated kidnapping, aggravated battery
3        with a firearm as described in Section 12-4.2 or
4        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
5        Section 12-3.05, heinous battery as described in
6        Section 12-4.1 or subdivision (a)(2) of Section
7        12-3.05, being an armed habitual criminal, aggravated
8        battery of a senior citizen as described in Section
9        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
10        aggravated battery of a child as described in Section
11        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
12        receive no more than 4.5 days of sentence credit for
13        each month of his or her sentence of imprisonment;
14            (iii) that a prisoner serving a sentence for home
15        invasion, armed robbery, aggravated vehicular
16        hijacking, aggravated discharge of a firearm, or armed
17        violence with a category I weapon or category II
18        weapon, when the court has made and entered a finding,
19        pursuant to subsection (c-1) of Section 5-4-1 of this
20        Code, that the conduct leading to conviction for the
21        enumerated offense resulted in great bodily harm to a
22        victim, shall receive no more than 4.5 days of sentence
23        credit for each month of his or her sentence of
24        imprisonment;
25            (iv) that a prisoner serving a sentence for
26        aggravated discharge of a firearm, whether or not the

 

 

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1        conduct leading to conviction for the offense resulted
2        in great bodily harm to the victim, shall receive no
3        more than 4.5 days of sentence credit for each month of
4        his or her sentence of imprisonment;
5            (v) that a person serving a sentence for
6        gunrunning, narcotics racketeering, controlled
7        substance trafficking, methamphetamine trafficking,
8        drug-induced homicide, aggravated
9        methamphetamine-related child endangerment, money
10        laundering pursuant to clause (c) (4) or (5) of Section
11        29B-1 of the Criminal Code of 1961, or a Class X felony
12        conviction for delivery of a controlled substance,
13        possession of a controlled substance with intent to
14        manufacture or deliver, calculated criminal drug
15        conspiracy, criminal drug conspiracy, street gang
16        criminal drug conspiracy, participation in
17        methamphetamine manufacturing, aggravated
18        participation in methamphetamine manufacturing,
19        delivery of methamphetamine, possession with intent to
20        deliver methamphetamine, aggravated delivery of
21        methamphetamine, aggravated possession with intent to
22        deliver methamphetamine, methamphetamine conspiracy
23        when the substance containing the controlled substance
24        or methamphetamine is 100 grams or more shall receive
25        no more than 7.5 days sentence credit for each month of
26        his or her sentence of imprisonment;

 

 

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1            (vi) that a prisoner serving a sentence for a
2        second or subsequent offense of luring a minor shall
3        receive no more than 4.5 days of sentence credit for
4        each month of his or her sentence of imprisonment; and
5            (vii) that a prisoner serving a sentence for
6        aggravated domestic battery shall receive no more than
7        4.5 days of sentence credit for each month of his or
8        her sentence of imprisonment.
9        (2.1) For all offenses, other than those enumerated in
10    subdivision (a)(2)(i), (ii), or (iii) committed on or after
11    June 19, 1998 or subdivision (a)(2)(iv) committed on or
12    after June 23, 2005 (the effective date of Public Act
13    94-71) or subdivision (a)(2)(v) committed on or after
14    August 13, 2007 (the effective date of Public Act 95-134)
15    or subdivision (a)(2)(vi) committed on or after June 1,
16    2008 (the effective date of Public Act 95-625) or
17    subdivision (a)(2)(vii) committed on or after July 23, 2010
18    (the effective date of Public Act 96-1224), and other than
19    the offense of aggravated driving under the influence of
20    alcohol, other drug or drugs, or intoxicating compound or
21    compounds, or any combination thereof as defined in
22    subparagraph (F) of paragraph (1) of subsection (d) of
23    Section 11-501 of the Illinois Vehicle Code, and other than
24    the offense of aggravated driving under the influence of
25    alcohol, other drug or drugs, or intoxicating compound or
26    compounds, or any combination thereof as defined in

 

 

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1    subparagraph (C) of paragraph (1) of subsection (d) of
2    Section 11-501 of the Illinois Vehicle Code committed on or
3    after January 1, 2011 (the effective date of Public Act
4    96-1230), the rules and regulations shall provide that a
5    prisoner who is serving a term of imprisonment shall
6    receive one day of sentence credit for each day of his or
7    her sentence of imprisonment or recommitment under Section
8    3-3-9. Each day of sentence credit shall reduce by one day
9    the prisoner's period of imprisonment or recommitment
10    under Section 3-3-9.
11        (2.2) A prisoner serving a term of natural life
12    imprisonment or a prisoner who has been sentenced to death
13    shall receive no sentence credit.
14        (2.3) The rules and regulations on sentence credit
15    shall provide that a prisoner who is serving a sentence for
16    aggravated driving under the influence of alcohol, other
17    drug or drugs, or intoxicating compound or compounds, or
18    any combination thereof as defined in subparagraph (F) of
19    paragraph (1) of subsection (d) of Section 11-501 of the
20    Illinois Vehicle Code, shall receive no more than 4.5 days
21    of sentence credit for each month of his or her sentence of
22    imprisonment.
23        (2.4) The rules and regulations on sentence credit
24    shall provide with respect to the offenses of aggravated
25    battery with a machine gun or a firearm equipped with any
26    device or attachment designed or used for silencing the

 

 

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1    report of a firearm or aggravated discharge of a machine
2    gun or a firearm equipped with any device or attachment
3    designed or used for silencing the report of a firearm,
4    committed on or after July 15, 1999 (the effective date of
5    Public Act 91-121), that a prisoner serving a sentence for
6    any of these offenses shall receive no more than 4.5 days
7    of sentence credit for each month of his or her sentence of
8    imprisonment.
9        (2.5) The rules and regulations on sentence credit
10    shall provide that a prisoner who is serving a sentence for
11    aggravated arson committed on or after July 27, 2001 (the
12    effective date of Public Act 92-176) shall receive no more
13    than 4.5 days of sentence credit for each month of his or
14    her sentence of imprisonment.
15        (2.6) The rules and regulations on sentence credit
16    shall provide that a prisoner who is serving a sentence for
17    aggravated driving under the influence of alcohol, other
18    drug or drugs, or intoxicating compound or compounds or any
19    combination thereof as defined in subparagraph (C) of
20    paragraph (1) of subsection (d) of Section 11-501 of the
21    Illinois Vehicle Code committed on or after January 1, 2011
22    (the effective date of Public Act 96-1230) shall receive no
23    more than 4.5 days of sentence credit for each month of his
24    or her sentence of imprisonment.
25        (3) The rules and regulations shall also provide that
26    the Director may award up to 180 days additional sentence

 

 

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1    credit for good conduct in specific instances as the
2    Director deems proper. The good conduct may include, but is
3    not limited to, compliance with the rules and regulations
4    of the Department, service to the Department, service to a
5    community, or service to the State. However, the Director
6    shall not award more than 90 days of sentence credit for
7    good conduct to any prisoner who is serving a sentence for
8    conviction of first degree murder, reckless homicide while
9    under the influence of alcohol or any other drug, or
10    aggravated driving under the influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds, or
12    any combination thereof as defined in subparagraph (F) of
13    paragraph (1) of subsection (d) of Section 11-501 of the
14    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
15    predatory criminal sexual assault of a child, aggravated
16    criminal sexual assault, criminal sexual assault, deviate
17    sexual assault, aggravated criminal sexual abuse,
18    aggravated indecent liberties with a child, indecent
19    liberties with a child, child pornography, heinous battery
20    as described in Section 12-4.1 or subdivision (a)(2) of
21    Section 12-3.05, aggravated battery of a spouse,
22    aggravated battery of a spouse with a firearm, stalking,
23    aggravated stalking, aggravated battery of a child as
24    described in Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05, endangering the life or health of a child,
26    or cruelty to a child. Notwithstanding the foregoing,

 

 

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1    sentence credit for good conduct shall not be awarded on a
2    sentence of imprisonment imposed for conviction of: (i) one
3    of the offenses enumerated in subdivision (a)(2)(i), (ii),
4    or (iii) when the offense is committed on or after June 19,
5    1998 or subdivision (a)(2)(iv) when the offense is
6    committed on or after June 23, 2005 (the effective date of
7    Public Act 94-71) or subdivision (a)(2)(v) when the offense
8    is committed on or after August 13, 2007 (the effective
9    date of Public Act 95-134) or subdivision (a)(2)(vi) when
10    the offense is committed on or after June 1, 2008 (the
11    effective date of Public Act 95-625) or subdivision
12    (a)(2)(vii) when the offense is committed on or after July
13    23, 2010 (the effective date of Public Act 96-1224), (ii)
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or
16    any combination thereof as defined in subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of the
18    Illinois Vehicle Code, (iii) one of the offenses enumerated
19    in subdivision (a)(2.4) when the offense is committed on or
20    after July 15, 1999 (the effective date of Public Act
21    91-121), (iv) aggravated arson when the offense is
22    committed on or after July 27, 2001 (the effective date of
23    Public Act 92-176), (v) offenses that may subject the
24    offender to commitment under the Sexually Violent Persons
25    Commitment Act, or (vi) aggravated driving under the
26    influence of alcohol, other drug or drugs, or intoxicating

 

 

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1    compound or compounds or any combination thereof as defined
2    in subparagraph (C) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code committed on or
4    after January 1, 2011 (the effective date of Public Act
5    96-1230).
6    Eligible inmates for an award of sentence credit under this
7paragraph (3) may be selected to receive the credit at the
8Director's or his or her designee's sole discretion.
9Consideration may be based on, but not limited to, any
10available risk assessment analysis on the inmate, any history
11of conviction for violent crimes as defined by the Rights of
12Crime Victims and Witnesses Act, facts and circumstances of the
13inmate's holding offense or offenses, and the potential for
14rehabilitation.
15    The Director shall not award sentence credit under this
16paragraph (3) to an inmate unless the inmate has served a
17minimum of 60 days of the sentence; except nothing in this
18paragraph shall be construed to permit the Director to extend
19an inmate's sentence beyond that which was imposed by the
20court. Prior to awarding credit under this paragraph (3), the
21Director shall make a written determination that the inmate:
22            (A) is eligible for the sentence credit;
23            (B) has served a minimum of 60 days, or as close to
24        60 days as the sentence will allow; and
25            (C) has met the eligibility criteria established
26        by rule.

 

 

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1        The Director shall determine the form and content of
2    the written determination required in this subsection.
3        (3.5) The Department shall provide annual written
4    reports to the Governor and the General Assembly on the
5    award of sentence credit for good conduct, with the first
6    report due January 1, 2014. The Department must publish
7    both reports on its website within 48 hours of transmitting
8    the reports to the Governor and the General Assembly. The
9    reports must include:
10            (A) the number of inmates awarded sentence credit
11        for good conduct;
12            (B) the average amount of sentence credit for good
13        conduct awarded;
14            (C) the holding offenses of inmates awarded
15        sentence credit for good conduct; and
16            (D) the number of sentence credit for good conduct
17        revocations.
18        (4) The rules and regulations shall also provide that
19    the sentence credit accumulated and retained under
20    paragraph (2.1) of subsection (a) of this Section by any
21    inmate during specific periods of time in which such inmate
22    is engaged full-time in substance abuse programs,
23    correctional industry assignments, educational programs,
24    behavior modification programs, life skills courses, or
25    re-entry planning provided by the Department under this
26    paragraph (4) and satisfactorily completes the assigned

 

 

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1    program as determined by the standards of the Department,
2    shall be multiplied by a factor of 1.25 for program
3    participation before August 11, 1993 and 1.50 for program
4    participation on or after that date. The rules and
5    regulations shall also provide that sentence credit,
6    subject to the same offense limits and multiplier provided
7    in this paragraph, may be provided to an inmate who was
8    held in pre-trial detention prior to his or her current
9    commitment to the Department of Corrections and
10    successfully completed a full-time, 60-day or longer
11    substance abuse program, educational program, behavior
12    modification program, life skills course, or re-entry
13    planning provided by the county department of corrections
14    or county jail. Calculation of this county program credit
15    shall be done at sentencing as provided in Section
16    5-4.5-100 of this Code and shall be included in the
17    sentencing order. However, no inmate shall be eligible for
18    the additional sentence credit under this paragraph (4) or
19    (4.1) of this subsection (a) while assigned to a boot camp
20    or electronic detention, or if convicted of an offense
21    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
22    Section that is committed on or after June 19, 1998 or
23    subdivision (a)(2)(iv) of this Section that is committed on
24    or after June 23, 2005 (the effective date of Public Act
25    94-71) or subdivision (a)(2)(v) of this Section that is
26    committed on or after August 13, 2007 (the effective date

 

 

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1    of Public Act 95-134) or subdivision (a)(2)(vi) when the
2    offense is committed on or after June 1, 2008 (the
3    effective date of Public Act 95-625) or subdivision
4    (a)(2)(vii) when the offense is committed on or after July
5    23, 2010 (the effective date of Public Act 96-1224), or if
6    convicted of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds or any combination thereof as defined in
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of the Illinois Vehicle Code, or if
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds or any combination thereof as defined in
14    subparagraph (C) of paragraph (1) of subsection (d) of
15    Section 11-501 of the Illinois Vehicle Code committed on or
16    after January 1, 2011 (the effective date of Public Act
17    96-1230), or if convicted of an offense enumerated in
18    paragraph (a)(2.4) of this Section that is committed on or
19    after July 15, 1999 (the effective date of Public Act
20    91-121), or first degree murder, a Class X felony, criminal
21    sexual assault, felony criminal sexual abuse, aggravated
22    criminal sexual abuse, aggravated battery with a firearm as
23    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
24    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
25    successor offenses with the same or substantially the same
26    elements, or any inchoate offenses relating to the

 

 

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1    foregoing offenses. No inmate shall be eligible for the
2    additional good conduct credit under this paragraph (4) who
3    (i) has previously received increased good conduct credit
4    under this paragraph (4) and has subsequently been
5    convicted of a felony, or (ii) has previously served more
6    than one prior sentence of imprisonment for a felony in an
7    adult correctional facility.
8        Educational, vocational, substance abuse, behavior
9    modification programs, life skills courses, re-entry
10    planning, and correctional industry programs under which
11    sentence credit may be increased under this paragraph (4)
12    and paragraph (4.1) of this subsection (a) shall be
13    evaluated by the Department on the basis of documented
14    standards. The Department shall report the results of these
15    evaluations to the Governor and the General Assembly by
16    September 30th of each year. The reports shall include data
17    relating to the recidivism rate among program
18    participants.
19        Availability of these programs shall be subject to the
20    limits of fiscal resources appropriated by the General
21    Assembly for these purposes. Eligible inmates who are
22    denied immediate admission shall be placed on a waiting
23    list under criteria established by the Department. The
24    inability of any inmate to become engaged in any such
25    programs by reason of insufficient program resources or for
26    any other reason established under the rules and

 

 

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1    regulations of the Department shall not be deemed a cause
2    of action under which the Department or any employee or
3    agent of the Department shall be liable for damages to the
4    inmate.
5        (4.1) The rules and regulations shall also provide that
6    an additional 60 days of sentence credit shall be awarded
7    to any prisoner who passes the high school level Test of
8    General Educational Development (GED) while the prisoner
9    is committed to the Department of Corrections. The sentence
10    credit awarded under this paragraph (4.1) shall be in
11    addition to, and shall not affect, the award of sentence
12    credit under any other paragraph of this Section, but shall
13    also be pursuant to the guidelines and restrictions set
14    forth in paragraph (4) of subsection (a) of this Section.
15    The sentence credit provided for in this paragraph shall be
16    available only to those prisoners who have not previously
17    earned a high school diploma or a GED. If, after an award
18    of the GED sentence credit has been made and the Department
19    determines that the prisoner was not eligible, then the
20    award shall be revoked. The Department may also award 60
21    days of sentence credit to any committed person who passed
22    the high school level Test of General Educational
23    Development (GED) while he or she was held in pre-trial
24    detention prior to the current commitment to the Department
25    of Corrections.
26        (4.5) The rules and regulations on sentence credit

 

 

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1    shall also provide that when the court's sentencing order
2    recommends a prisoner for substance abuse treatment and the
3    crime was committed on or after September 1, 2003 (the
4    effective date of Public Act 93-354), the prisoner shall
5    receive no sentence credit awarded under clause (3) of this
6    subsection (a) unless he or she participates in and
7    completes a substance abuse treatment program. The
8    Director may waive the requirement to participate in or
9    complete a substance abuse treatment program and award the
10    sentence credit in specific instances if the prisoner is
11    not a good candidate for a substance abuse treatment
12    program for medical, programming, or operational reasons.
13    Availability of substance abuse treatment shall be subject
14    to the limits of fiscal resources appropriated by the
15    General Assembly for these purposes. If treatment is not
16    available and the requirement to participate and complete
17    the treatment has not been waived by the Director, the
18    prisoner shall be placed on a waiting list under criteria
19    established by the Department. The Director may allow a
20    prisoner placed on a waiting list to participate in and
21    complete a substance abuse education class or attend
22    substance abuse self-help meetings in lieu of a substance
23    abuse treatment program. A prisoner on a waiting list who
24    is not placed in a substance abuse program prior to release
25    may be eligible for a waiver and receive sentence credit
26    under clause (3) of this subsection (a) at the discretion

 

 

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1    of the Director.
2        (4.6) The rules and regulations on sentence credit
3    shall also provide that a prisoner who has been convicted
4    of a sex offense as defined in Section 2 of the Sex
5    Offender Registration Act shall receive no sentence credit
6    unless he or she either has successfully completed or is
7    participating in sex offender treatment as defined by the
8    Sex Offender Management Board. However, prisoners who are
9    waiting to receive treatment, but who are unable to do so
10    due solely to the lack of resources on the part of the
11    Department, may, at the Director's sole discretion, be
12    awarded sentence credit at a rate as the Director shall
13    determine.
14        (5) Whenever the Department is to release any inmate
15    earlier than it otherwise would because of a grant of
16    sentence credit for good conduct under paragraph (3) of
17    subsection (a) of this Section given at any time during the
18    term, the Department shall give reasonable notice of the
19    impending release not less than 14 days prior to the date
20    of the release to the State's Attorney of the county where
21    the prosecution of the inmate took place, and if
22    applicable, the State's Attorney of the county into which
23    the inmate will be released. The Department must also make
24    identification information and a recent photo of the inmate
25    being released accessible on the Internet by means of a
26    hyperlink labeled "Community Notification of Inmate Early

 

 

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1    Release" on the Department's World Wide Web homepage. The
2    identification information shall include the inmate's:
3    name, any known alias, date of birth, physical
4    characteristics, residence address, commitment offense and
5    county where conviction was imposed. The identification
6    information shall be placed on the website within 3 days of
7    the inmate's release and the information may not be removed
8    until either: completion of the first year of mandatory
9    supervised release or return of the inmate to custody of
10    the Department.
11    (b) Whenever a person is or has been committed under
12several convictions, with separate sentences, the sentences
13shall be construed under Section 5-8-4 in granting and
14forfeiting of sentence credit.
15    (c) The Department shall prescribe rules and regulations
16for revoking sentence credit, including revoking sentence
17credit awarded for good conduct under paragraph (3) of
18subsection (a) of this Section. The Department shall prescribe
19rules and regulations for suspending or reducing the rate of
20accumulation of sentence credit for specific rule violations,
21during imprisonment. These rules and regulations shall provide
22that no inmate may be penalized more than one year of sentence
23credit for any one infraction.
24    When the Department seeks to revoke, suspend or reduce the
25rate of accumulation of any sentence credits for an alleged
26infraction of its rules, it shall bring charges therefor

 

 

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1against the prisoner sought to be so deprived of sentence
2credits before the Prisoner Review Board as provided in
3subparagraph (a)(4) of Section 3-3-2 of this Code, if the
4amount of credit at issue exceeds 30 days or when during any 12
5month period, the cumulative amount of credit revoked exceeds
630 days except where the infraction is committed or discovered
7within 60 days of scheduled release. In those cases, the
8Department of Corrections may revoke up to 30 days of sentence
9credit. The Board may subsequently approve the revocation of
10additional sentence credit, if the Department seeks to revoke
11sentence credit in excess of 30 days. However, the Board shall
12not be empowered to review the Department's decision with
13respect to the loss of 30 days of sentence credit within any
14calendar year for any prisoner or to increase any penalty
15beyond the length requested by the Department.
16    The Director of the Department of Corrections, in
17appropriate cases, may restore up to 30 days of sentence
18credits which have been revoked, suspended or reduced. Any
19restoration of sentence credits in excess of 30 days shall be
20subject to review by the Prisoner Review Board. However, the
21Board may not restore sentence credit in excess of the amount
22requested by the Director.
23    Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

 

 

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

 

 

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1        or by a nonfrivolous argument for the extension,
2        modification, or reversal of existing law or the
3        establishment of new law;
4            (D) the allegations and other factual contentions
5        do not have evidentiary support or, if specifically so
6        identified, are not likely to have evidentiary support
7        after a reasonable opportunity for further
8        investigation or discovery; or
9            (E) the denials of factual contentions are not
10        warranted on the evidence, or if specifically so
11        identified, are not reasonably based on a lack of
12        information or belief.
13        (2) "Lawsuit" means a motion pursuant to Section 116-3
14    of the Code of Criminal Procedure of 1963, a habeas corpus
15    action under Article X of the Code of Civil Procedure or
16    under federal law (28 U.S.C. 2254), a petition for claim
17    under the Court of Claims Act, an action under the federal
18    Civil Rights Act (42 U.S.C. 1983), or a second or
19    subsequent petition for post-conviction relief under
20    Article 122 of the Code of Criminal Procedure of 1963
21    whether filed with or without leave of court or a second or
22    subsequent petition for relief from judgment under Section
23    2-1401 of the Code of Civil Procedure.
24    (e) Nothing in Public Act 90-592 or 90-593 affects the
25validity of Public Act 89-404.
26    (f) Whenever the Department is to release any inmate who

 

 

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1has been convicted of a violation of an order of protection
2under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
3earlier than it otherwise would because of a grant of sentence
4credit, the Department, as a condition of release, shall
5require that the person, upon release, be placed under
6electronic surveillance as provided in Section 5-8A-7 of this
7Code.
8(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
996-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
107-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
11eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
12revised 8-23-12.)