103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5219

 

Introduced 2/9/2024, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3

    Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025.


LRB103 37610 RLC 67736 b

 

 

A BILL FOR

 

HB5219LRB103 37610 RLC 67736 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)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department of Corrections and the
11Department of Juvenile Justice shall prescribe rules and
12regulations for awarding and revoking sentence credit for
13persons committed to the Department of Juvenile Justice under
14Section 5-8-6 of the Unified Code of Corrections, which shall
15be subject to review by the Prisoner Review Board.
16    (1.5) As otherwise provided by law, sentence credit may be
17awarded for the following:
18        (A) successful completion of programming while in
19    custody of the Department of Corrections or the Department
20    of Juvenile Justice or while in custody prior to
21    sentencing;
22        (B) compliance with the rules and regulations of the
23    Department; or

 

 

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1        (C) service to the institution, service to a
2    community, or service to the State.
3    (2) The rules and regulations shall provide that the
4individual in custody shall receive one day of sentence credit
5for each day of service in prison other than when a sentence of
6natural life imprisonment has been imposed. Each day of
7sentence credit shall reduce by one day the incarcerated
8person's period of incarceration set by the court. Except as
9provided in paragraph (4.7) of this subsection (a), the rules
10and regulations on sentence credit shall provide, with respect
11to offenses listed in clause (i), (ii), or (iii) of this
12paragraph (2) committed on or after June 19, 1998 or with
13respect to the offense listed in clause (iv) of this paragraph
14(2) committed on or after June 23, 2005 (the effective date of
15Public Act 94-71) or with respect to offense listed in clause
16(vi) committed on or after June 1, 2008 (the effective date of
17Public Act 95-625) or with respect to the offense of being an
18armed habitual criminal committed on or after August 2, 2005
19(the effective date of Public Act 94-398) or with respect to
20the offenses listed in clause (v) of this paragraph (2)
21committed on or after August 13, 2007 (the effective date of
22Public Act 95-134) or with respect to the offense of
23aggravated domestic battery committed on or after July 23,
242010 (the effective date of Public Act 96-1224) or with
25respect to the offense of attempt to commit terrorism
26committed on or after January 1, 2013 (the effective date of

 

 

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1Public Act 97-990), the following:
2        (i) that a prisoner who is serving a term of
3    imprisonment for first degree murder or for the offense of
4    terrorism shall receive no sentence credit and shall serve
5    the entire sentence imposed by the court;
6        (ii) that a prisoner serving a sentence for attempt to
7    commit terrorism, attempt to commit first degree murder,
8    solicitation of murder, solicitation of murder for hire,
9    intentional homicide of an unborn child, predatory
10    criminal sexual assault of a child, aggravated criminal
11    sexual assault, criminal sexual assault, aggravated
12    kidnapping, aggravated battery with a firearm as described
13    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
14    or (e)(4) of Section 12-3.05, heinous battery as described
15    in Section 12-4.1 or subdivision (a)(2) of Section
16    12-3.05, being an armed habitual criminal, aggravated
17    battery of a senior citizen as described in Section 12-4.6
18    or subdivision (a)(4) of Section 12-3.05, or aggravated
19    battery of a child as described in Section 12-4.3 or
20    subdivision (b)(1) of Section 12-3.05 shall receive no
21    more than 4.5 days of sentence credit for each month of his
22    or her sentence of imprisonment;
23        (iii) that a prisoner serving a sentence for home
24    invasion, armed robbery, aggravated vehicular hijacking,
25    aggravated discharge of a firearm, or armed violence with
26    a category I weapon or category II weapon, when the court

 

 

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1    has made and entered a finding, pursuant to subsection
2    (c-1) of Section 5-4-1 of this Code, that the conduct
3    leading to conviction for the enumerated offense resulted
4    in great bodily harm to a victim, shall receive no more
5    than 4.5 days of sentence credit for each month of his or
6    her sentence of imprisonment;
7        (iv) that a prisoner serving a sentence for aggravated
8    discharge of a firearm, whether or not the conduct leading
9    to conviction for the offense resulted in great bodily
10    harm to the victim, shall receive no more than 4.5 days of
11    sentence credit for each month of his or her sentence of
12    imprisonment;
13        (v) that a person serving a sentence for gunrunning,
14    narcotics racketeering, controlled substance trafficking,
15    methamphetamine trafficking, drug-induced homicide,
16    aggravated methamphetamine-related child endangerment,
17    money laundering pursuant to clause (c) (4) or (5) of
18    Section 29B-1 of the Criminal Code of 1961 or the Criminal
19    Code of 2012, or a Class X felony conviction for delivery
20    of a controlled substance, possession of a controlled
21    substance with intent to manufacture or deliver,
22    calculated criminal drug conspiracy, criminal drug
23    conspiracy, street gang criminal drug conspiracy,
24    participation in methamphetamine manufacturing,
25    aggravated participation in methamphetamine
26    manufacturing, delivery of methamphetamine, possession

 

 

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1    with intent to deliver methamphetamine, aggravated
2    delivery of methamphetamine, aggravated possession with
3    intent to deliver methamphetamine, methamphetamine
4    conspiracy when the substance containing the controlled
5    substance or methamphetamine is 100 grams or more shall
6    receive no more than 7.5 days sentence credit for each
7    month of his or her sentence of imprisonment;
8        (vi) that a prisoner serving a sentence for a second
9    or subsequent offense of luring a minor shall receive no
10    more than 4.5 days of sentence credit for each month of his
11    or her sentence of imprisonment; and
12        (vii) that a prisoner serving a sentence for
13    aggravated domestic battery shall receive no more than 4.5
14    days of sentence credit for each month of his or her
15    sentence of imprisonment.
16    (2.1) Within 6 months after the effective date of this
17amendatory Act of the 103rd General Assembly, the Department
18of Corrections shall recalculate each incarcerated person's
19release date by crediting each person one day sentence credit
20for each day the incarcerated person has spent in prison on the
21current sentence. For all offenses, other than those
22enumerated in subdivision (a)(2)(i), (ii), or (iii) committed
23on or after June 19, 1998 or subdivision (a)(2)(iv) committed
24on or after June 23, 2005 (the effective date of Public Act
2594-71) or subdivision (a)(2)(v) committed on or after August
2613, 2007 (the effective date of Public Act 95-134) or

 

 

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1subdivision (a)(2)(vi) committed on or after June 1, 2008 (the
2effective date of Public Act 95-625) or subdivision
3(a)(2)(vii) committed on or after July 23, 2010 (the effective
4date of Public Act 96-1224), and other than the offense of
5aggravated driving under the influence of alcohol, other drug
6or drugs, or intoxicating compound or compounds, or any
7combination thereof as defined in subparagraph (F) of
8paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code, and other than the offense of
10aggravated driving under the influence of alcohol, other drug
11or drugs, or intoxicating compound or compounds, or any
12combination thereof as defined in subparagraph (C) of
13paragraph (1) of subsection (d) of Section 11-501 of the
14Illinois Vehicle Code committed on or after January 1, 2011
15(the effective date of Public Act 96-1230), the rules and
16regulations shall provide that an incarcerated person a
17prisoner who is serving a term of imprisonment shall receive
18one day of sentence credit for each day of his or her sentence
19of imprisonment or recommitment under Section 3-3-9. Each day
20of sentence credit shall reduce by one day the incarcerated
21person's prisoner's period of imprisonment or recommitment
22under Section 3-3-9.
23    (2.2) An incarcerated person A prisoner serving a term of
24natural life imprisonment shall be eligible to accumulate
25sentencing credit if his or her sentence is reduced to less
26than a sentence of natural life imprisonment, which shall be

 

 

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1credited toward his or her new sentence receive no sentence
2credit.
3    (2.3) (Blank). Except as provided in paragraph (4.7) of
4this subsection (a), the rules and regulations on sentence
5credit shall provide that a prisoner who is serving a sentence
6for aggravated driving under the influence of alcohol, other
7drug or drugs, or intoxicating compound or compounds, or any
8combination thereof as defined in subparagraph (F) of
9paragraph (1) of subsection (d) of Section 11-501 of the
10Illinois Vehicle Code, shall receive no more than 4.5 days of
11sentence credit for each month of his or her sentence of
12imprisonment.
13    (2.4) (Blank). Except as provided in paragraph (4.7) of
14this subsection (a), the rules and regulations on sentence
15credit shall provide with respect to the offenses of
16aggravated battery with a machine gun or a firearm equipped
17with any device or attachment designed or used for silencing
18the report of a firearm or aggravated discharge of a machine
19gun or a firearm equipped with any device or attachment
20designed or used for silencing the report of a firearm,
21committed on or after July 15, 1999 (the effective date of
22Public Act 91-121), that a prisoner serving a sentence for any
23of these offenses shall receive no more than 4.5 days of
24sentence credit for each month of his or her sentence of
25imprisonment.
26    (2.5) (Blank). Except as provided in paragraph (4.7) of

 

 

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1this subsection (a), the rules and regulations on sentence
2credit shall provide that a prisoner who is serving a sentence
3for aggravated arson committed on or after July 27, 2001 (the
4effective date of Public Act 92-176) shall receive no more
5than 4.5 days of sentence credit for each month of his or her
6sentence of imprisonment.
7    (2.6) (Blank). Except as provided in paragraph (4.7) of
8this subsection (a), the rules and regulations on sentence
9credit shall provide that a prisoner who is serving a sentence
10for aggravated driving under the influence of alcohol, other
11drug or drugs, or intoxicating compound or compounds or any
12combination thereof as defined in subparagraph (C) of
13paragraph (1) of subsection (d) of Section 11-501 of the
14Illinois Vehicle Code committed on or after January 1, 2011
15(the effective date of Public Act 96-1230) shall receive no
16more than 4.5 days of sentence credit for each month of his or
17her sentence of imprisonment.
18    (3) In addition to the sentence credits earned under
19paragraphs (2), (2.1), (4), (4.1), and (4.2), and (4.7) of
20this subsection (a), the rules and regulations shall also
21provide that the Director of Corrections or the Director of
22Juvenile Justice may award up to 180 days of earned sentence
23credit for incarcerated persons prisoners serving a sentence
24of incarceration of less than 5 years, and up to 365 days of
25earned sentence credit for incarcerated persons prisoners
26serving a sentence of 5 years or longer. The Director may grant

 

 

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1this credit for good conduct in specific instances as either
2Director deems proper for eligible persons in the custody of
3each Director's respective Department. The good conduct may
4include, but is not limited to, compliance with the rules and
5regulations of the Department, service to the Department,
6service to a community, or service to the State.
7    Incarcerated persons eligible Eligible inmates for an
8award of earned sentence credit under this paragraph (3) may
9be selected to receive the credit at either Director's or his
10or her designee's sole discretion. Eligibility for the
11additional earned sentence credit under this paragraph (3) may
12be based on, but is not limited to, participation in
13programming offered by the Department as appropriate for the
14incarcerated person prisoner based on the results of any
15available risk/needs assessment or other relevant assessments
16or evaluations administered by the Department using a
17validated instrument, the circumstances of the crime,
18demonstrated commitment to rehabilitation by an incarcerated
19person a prisoner with a history of conviction for a forcible
20felony enumerated in Section 2-8 of the Criminal Code of 2012,
21the incarcerated person's inmate's behavior and improvements
22in disciplinary history while incarcerated, and the
23incarcerated person's inmate's commitment to rehabilitation,
24including participation in programming offered by the
25Department.
26    The Director of Corrections or the Director of Juvenile

 

 

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1Justice shall not award sentence credit under this paragraph
2(3) to an incarcerated person inmate unless the incarcerated
3person inmate has served a minimum of 60 days of the sentence,
4including time served in a county jail; except nothing in this
5paragraph shall be construed to permit either Director to
6extend an incarcerated person's inmate's sentence beyond that
7which was imposed by the court. Prior to awarding credit under
8this paragraph (3), each Director shall make a written
9determination that the incarcerated person inmate:
10        (A) is eligible for the earned sentence credit;
11        (B) has served a minimum of 60 days, or as close to 60
12    days as the sentence will allow;
13        (B-1) has received a risk/needs assessment or other
14    relevant evaluation or assessment administered by the
15    Department using a validated instrument; and
16        (C) has met the eligibility criteria established by
17    rule for earned sentence credit.
18    The Director of Corrections or the Director of Juvenile
19Justice shall determine the form and content of the written
20determination required in this subsection.
21    (3.5) The Department shall provide annual written reports
22to the Governor and the General Assembly on the award of earned
23sentence credit no later than February 1 of each year. The
24Department must publish both reports on its website within 48
25hours of transmitting the reports to the Governor and the
26General Assembly. The reports must include:

 

 

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1        (A) the number of incarcerated persons inmates awarded
2    earned sentence credit;
3        (B) the average amount of earned sentence credit
4    awarded;
5        (C) the holding offenses of inmates awarded earned
6    sentence credit; and
7        (D) the number of earned sentence credit revocations.
8    (4)(A) The Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations shall also provide
10that any incarcerated person prisoner who is engaged full-time
11in substance abuse programs, correctional industry
12assignments, educational programs, work-release programs or
13activities in accordance with Article 13 of Chapter III of
14this Code, behavior modification programs, life skills
15courses, or re-entry planning provided by the Department under
16this paragraph (4) and satisfactorily completes the assigned
17program as determined by the standards of the Department,
18shall receive one day of sentence credit for each day in which
19that incarcerated person prisoner is engaged in the activities
20described in this paragraph. The rules and regulations shall
21also provide that sentence credit may be provided to an
22incarcerated person inmate who was held in pre-trial detention
23prior to his or her current commitment to the Department of
24Corrections and successfully completed a full-time, 60-day or
25longer substance abuse program, educational program, behavior
26modification program, life skills course, or re-entry planning

 

 

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1provided by the county department of corrections or county
2jail. Calculation of this county program credit shall be done
3at sentencing as provided in Section 5-4.5-100 of this Code
4and shall be included in the sentencing order. The rules and
5regulations shall also provide that sentence credit may be
6provided to an incarcerated person inmate who is in compliance
7with programming requirements in an adult transition center.
8    (B) The Department shall award sentence credit under this
9paragraph (4) accumulated prior to January 1, 2020 (the
10effective date of Public Act 101-440) in an amount specified
11in subparagraph (C) of this paragraph (4) to an incarcerated
12person inmate serving a sentence for an offense committed
13prior to June 19, 1998, if the Department determines that the
14incarcerated person inmate is entitled to this sentence
15credit, based upon:
16        (i) documentation provided by the Department that the
17    inmate engaged in any full-time substance abuse programs,
18    correctional industry assignments, educational programs,
19    behavior modification programs, life skills courses, or
20    re-entry planning provided by the Department under this
21    paragraph (4) and satisfactorily completed the assigned
22    program as determined by the standards of the Department
23    during the incarcerated person's inmate's current term of
24    incarceration; or
25        (ii) the incarcerated person's inmate's own testimony
26    in the form of an affidavit or documentation, or a third

 

 

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1    party's documentation or testimony in the form of an
2    affidavit that the incarcerated person inmate likely
3    engaged in any full-time substance abuse programs,
4    correctional industry assignments, educational programs,
5    behavior modification programs, life skills courses, or
6    re-entry planning provided by the Department under
7    paragraph (4) and satisfactorily completed the assigned
8    program as determined by the standards of the Department
9    during the incarcerated person's inmate's current term of
10    incarceration.
11    (C) If the incarcerated person inmate can provide
12documentation that he or she is entitled to sentence credit
13under subparagraph (B) in excess of 45 days of participation
14in those programs, the incarcerated person inmate shall
15receive 90 days of sentence credit. If the incarcerated person
16inmate cannot provide documentation of more than 45 days of
17participation in those programs, the incarcerated person
18inmate shall receive 45 days of sentence credit. In the event
19of a disagreement between the Department and the incarcerated
20person inmate as to the amount of credit accumulated under
21subparagraph (B), if the Department provides documented proof
22of a lesser amount of days of participation in those programs,
23that proof shall control. If the Department provides no
24documentary proof, the incarcerated person's inmate's proof as
25set forth in clause (ii) of subparagraph (B) shall control as
26to the amount of sentence credit provided.

 

 

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1    (D) If the incarcerated person inmate has been convicted
2of a sex offense as defined in Section 2 of the Sex Offender
3Registration Act, sentencing credits under subparagraph (B) of
4this paragraph (4) shall be awarded by the Department only if
5the conditions set forth in paragraph (4.6) of subsection (a)
6are satisfied. No incarcerated person inmate serving a term of
7natural life imprisonment shall receive sentence credit under
8subparagraph (B) of this paragraph (4) except in the case that
9his or her sentence is later reduced as provided under
10paragraph (2.2) of subsection (a).
11    (E) The rules and regulations shall provide for the
12recalculation of program credits awarded pursuant to this
13paragraph (4) prior to July 1, 2021 (the effective date of
14Public Act 101-652) at the rate set for such credits on and
15after July 1, 2021.
16    Educational, vocational, substance abuse, behavior
17modification programs, life skills courses, re-entry planning,
18and correctional industry programs under which sentence credit
19may be earned under this paragraph (4) and paragraph (4.1) of
20this subsection (a) shall be evaluated by the Department on
21the basis of documented standards. The Department shall report
22the results of these evaluations to the Governor and the
23General Assembly by September 30th of each year. The reports
24shall include data relating to the recidivism rate among
25program participants.
26    Availability of these programs shall be subject to the

 

 

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1limits of fiscal resources appropriated by the General
2Assembly for these purposes. Eligible incarcerated persons
3inmates who are denied immediate admission shall be placed on
4a waiting list under criteria established by the Department.
5The rules and regulations shall provide that an incarcerated
6person a prisoner who has been placed on a waiting list but is
7transferred for non-disciplinary reasons before beginning a
8program shall receive priority placement on the waitlist for
9appropriate programs at the new facility. The inability of any
10incarcerated person inmate to become engaged in any such
11programs by reason of insufficient program resources or for
12any other reason established under the rules and regulations
13of the Department shall not be deemed a cause of action under
14which the Department or any employee or agent of the
15Department shall be liable for damages to the incarcerated
16person inmate. The rules and regulations shall provide that an
17incarcerated person a prisoner who begins an educational,
18vocational, substance abuse, work-release programs or
19activities in accordance with Article 13 of Chapter III of
20this Code, behavior modification program, life skills course,
21re-entry planning, or correctional industry programs but is
22unable to complete the program due to illness, disability,
23transfer, lockdown, or another reason outside of the
24incarcerated person's prisoner's control shall receive
25prorated sentence credits for the days in which the
26incarcerated person prisoner did participate.

 

 

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1    (4.1) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations shall also provide
3that an additional 90 days of sentence credit shall be awarded
4to any incarcerated person prisoner who passes high school
5equivalency testing while the incarcerated person prisoner is
6committed to the Department of Corrections. The sentence
7credit awarded under this paragraph (4.1) shall be in addition
8to, and shall not affect, the award of sentence credit under
9any other paragraph of this Section, but shall also be
10pursuant to the guidelines and restrictions set forth in
11paragraph (4) of subsection (a) of this Section. The sentence
12credit provided for in this paragraph shall be available only
13to those incarcerated persons prisoners who have not
14previously earned a high school diploma or a State of Illinois
15High School Diploma. If, after an award of the high school
16equivalency testing sentence credit has been made, the
17Department determines that the incarcerated person prisoner
18was not eligible, then the award shall be revoked. The
19Department may also award 90 days of sentence credit to any
20committed person who passed high school equivalency testing
21while he or she was held in pre-trial detention prior to the
22current commitment to the Department of Corrections. Except as
23provided in paragraph (4.7) of this subsection (a), the rules
24and regulations shall provide that an additional 120 days of
25sentence credit shall be awarded to any incarcerated person
26prisoner who obtains an associate degree while the

 

 

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1incarcerated person prisoner is committed to the Department of
2Corrections, regardless of the date that the associate degree
3was obtained, including if prior to July 1, 2021 (the
4effective date of Public Act 101-652). The sentence credit
5awarded under this paragraph (4.1) shall be in addition to,
6and shall not affect, the award of sentence credit under any
7other paragraph of this Section, but shall also be under the
8guidelines and restrictions set forth in paragraph (4) of
9subsection (a) of this Section. The sentence credit provided
10for in this paragraph (4.1) shall be available only to those
11incarcerated persons prisoners who have not previously earned
12an associate degree prior to the current commitment to the
13Department of Corrections. If, after an award of the associate
14degree sentence credit has been made and the Department
15determines that the incarcerated person prisoner was not
16eligible, then the award shall be revoked. The Department may
17also award 120 days of sentence credit to any committed person
18who earned an associate degree while he or she was held in
19pre-trial detention prior to the current commitment to the
20Department of Corrections.
21    Except as provided in paragraph (4.7) of this subsection
22(a), the rules and regulations shall provide that an
23additional 180 days of sentence credit shall be awarded to any
24incarcerated person prisoner who obtains a bachelor's degree
25while the incarcerated person prisoner is committed to the
26Department of Corrections. The sentence credit awarded under

 

 

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1this paragraph (4.1) shall be in addition to, and shall not
2affect, the award of sentence credit under any other paragraph
3of this Section, but shall also be under the guidelines and
4restrictions set forth in paragraph (4) of this subsection
5(a). The sentence credit provided for in this paragraph shall
6be available only to those incarcerated persons prisoners who
7have not earned a bachelor's degree prior to the current
8commitment to the Department of Corrections. If, after an
9award of the bachelor's degree sentence credit has been made,
10the Department determines that the incarcerated person
11prisoner was not eligible, then the award shall be revoked.
12The Department may also award 180 days of sentence credit to
13any committed person who earned a bachelor's degree while he
14or she was held in pre-trial detention prior to the current
15commitment to the Department of Corrections.
16    Except as provided in paragraph (4.7) of this subsection
17(a), the rules and regulations shall provide that an
18additional 180 days of sentence credit shall be awarded to any
19incarcerated person prisoner who obtains a master's or
20professional degree while the incarcerated person prisoner is
21committed to the Department of Corrections. The sentence
22credit awarded under this paragraph (4.1) shall be in addition
23to, and shall not affect, the award of sentence credit under
24any other paragraph of this Section, but shall also be under
25the guidelines and restrictions set forth in paragraph (4) of
26this subsection (a). The sentence credit provided for in this

 

 

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1paragraph shall be available only to those incarcerated
2persons prisoners who have not previously earned a master's or
3professional degree prior to the current commitment to the
4Department of Corrections. If, after an award of the master's
5or professional degree sentence credit has been made, the
6Department determines that the incarcerated person prisoner
7was not eligible, then the award shall be revoked. The
8Department may also award 180 days of sentence credit to any
9committed person who earned a master's or professional degree
10while he or she was held in pre-trial detention prior to the
11current commitment to the Department of Corrections.
12    (4.2)(A) The rules and regulations shall also provide that
13any incarcerated person prisoner engaged in self-improvement
14programs, volunteer work, or work assignments that are not
15otherwise eligible activities under paragraph (4), shall
16receive up to 0.5 days of sentence credit for each day in which
17the incarcerated person prisoner is engaged in activities
18described in this paragraph.
19    (B) The rules and regulations shall provide for the award
20of sentence credit under this paragraph (4.2) for qualifying
21days of engagement in eligible activities occurring prior to
22July 1, 2021 (the effective date of Public Act 101-652).
23    (4.5) The rules and regulations on sentence credit shall
24also provide that when the court's sentencing order recommends
25an incarcerated person a prisoner for substance abuse
26treatment and the crime was committed on or after September 1,

 

 

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12003 (the effective date of Public Act 93-354), the
2incarcerated person prisoner shall receive no sentence credit
3awarded under clause (3) of this subsection (a) unless he or
4she participates in and completes a substance abuse treatment
5program. The Director of Corrections may waive the requirement
6to participate in or complete a substance abuse treatment
7program in specific instances if the incarcerated person
8prisoner is not a good candidate for a substance abuse
9treatment program for medical, programming, or operational
10reasons. Availability of substance abuse treatment shall be
11subject to the limits of fiscal resources appropriated by the
12General Assembly for these purposes. If treatment is not
13available and the requirement to participate and complete the
14treatment has not been waived by the Director, the
15incarcerated person prisoner shall be placed on a waiting list
16under criteria established by the Department. The Director may
17allow a prisoner placed on a waiting list to participate in and
18complete a substance abuse education class or attend substance
19abuse self-help meetings in lieu of a substance abuse
20treatment program. An incarcerated person A prisoner on a
21waiting list who is not placed in a substance abuse program
22prior to release may be eligible for a waiver and receive
23sentence credit under clause (3) of this subsection (a) at the
24discretion of the Director.
25    (4.6) The rules and regulations on sentence credit shall
26also provide that an incarcerated person a prisoner who has

 

 

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1been convicted of a sex offense as defined in Section 2 of the
2Sex Offender Registration Act shall receive no sentence credit
3unless he or she either has successfully completed or is
4participating in sex offender treatment as defined by the Sex
5Offender Management Board. However, incarcerated persons
6prisoners who are waiting to receive treatment, but who are
7unable to do so due solely to the lack of resources on the part
8of the Department, may, at either Director's sole discretion,
9be awarded sentence credit at a rate as the Director shall
10determine.
11    (4.7) (Blank). On or after January 1, 2018 (the effective
12date of Public Act 100-3), sentence credit under paragraph
13(3), (4), or (4.1) of this subsection (a) may be awarded to a
14prisoner who is serving a sentence for an offense described in
15paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
16on or after January 1, 2018 (the effective date of Public Act
17100-3); provided, the award of the credits under this
18paragraph (4.7) shall not reduce the sentence of the prisoner
19to less than the following amounts:
20        (i) 85% of his or her sentence if the prisoner is
21    required to serve 85% of his or her sentence; or
22        (ii) 60% of his or her sentence if the prisoner is
23    required to serve 75% of his or her sentence, except if the
24    prisoner is serving a sentence for gunrunning his or her
25    sentence shall not be reduced to less than 75%.
26        (iii) 100% of his or her sentence if the prisoner is

 

 

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1    required to serve 100% of his or her sentence.
2    (5) Whenever the Department is to release any incarcerated
3person inmate earlier than it otherwise would because of a
4grant of earned sentence credit under paragraph (3) of
5subsection (a) of this Section given at any time during the
6term, the Department shall give reasonable notice of the
7impending release not less than 14 days prior to the date of
8the release to the State's Attorney of the county where the
9prosecution of the incarcerated person inmate took place, and
10if applicable, the State's Attorney of the county into which
11the incarcerated person inmate will be released. The
12Department must also make identification information and a
13recent photo of the incarcerated person inmate being released
14accessible on the Internet by means of a hyperlink labeled
15"Community Notification of Inmate Early Release" on the
16Department's World Wide Web homepage. The identification
17information shall include the incarcerated person's inmate's:
18name, any known alias, date of birth, physical
19characteristics, commitment offense, and county where
20conviction was imposed. The identification information shall
21be placed on the website within 3 days of the incarcerated
22person's inmate's release and the information may not be
23removed until either: completion of the first year of
24mandatory supervised release or return of the incarcerated
25person inmate to custody of the Department.
26    (b) Whenever a person is or has been committed under

 

 

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1several convictions, with separate sentences, the sentences
2shall be construed under Section 5-8-4 in granting and
3forfeiting of sentence credit.
4    (c) (1) The Department shall prescribe rules and
5regulations for revoking sentence credit, including revoking
6sentence credit awarded under paragraph (3) of subsection (a)
7of this Section. The Department shall prescribe rules and
8regulations establishing and requiring the use of a sanctions
9matrix for revoking sentence credit. The Department shall
10prescribe rules and regulations for suspending or reducing the
11rate of accumulation of sentence credit for specific rule
12violations, during imprisonment. These rules and regulations
13shall provide that no incarcerated person inmate may be
14penalized more than one year of sentence credit for any one
15infraction.
16    (2) When the Department seeks to revoke, suspend, or
17reduce the rate of accumulation of any sentence credits for an
18alleged infraction of its rules, it shall bring charges
19therefor against the incarcerated person prisoner sought to be
20so deprived of sentence credits before the Prisoner Review
21Board as provided in subparagraph (a)(4) of Section 3-3-2 of
22this Code, if the amount of credit at issue exceeds 30 days,
23whether from one infraction or cumulatively from multiple
24infractions arising out of a single event, or when, during any
2512-month period, the cumulative amount of credit revoked
26exceeds 30 days except where the infraction is committed or

 

 

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1discovered within 60 days of scheduled release. In those
2cases, the Department of Corrections may revoke up to 30 days
3of sentence credit. The Board may subsequently approve the
4revocation of additional sentence credit, if the Department
5seeks to revoke sentence credit in excess of 30 days. However,
6the Board shall not be empowered to review the Department's
7decision with respect to the loss of 30 days of sentence credit
8within any calendar year for any incarcerated person prisoner
9or to increase any penalty beyond the length requested by the
10Department.
11    (3) The Director of Corrections or the Director of
12Juvenile Justice, in appropriate cases, may restore sentence
13credits which have been revoked, suspended, or reduced. The
14Department shall prescribe rules and regulations governing the
15restoration of sentence credits. These rules and regulations
16shall provide for the automatic restoration of sentence
17credits following a period in which the incarcerated person
18prisoner maintains a record without a disciplinary violation.
19    Nothing contained in this Section shall prohibit the
20Prisoner Review Board from ordering, pursuant to Section
213-3-9(a)(3)(i)(B), that an incarcerated person a prisoner
22serve up to one year of the sentence imposed by the court that
23was not served due to the accumulation of sentence credit.
24    (d) If a lawsuit is filed by an incarcerated person a
25prisoner in an Illinois or federal court against the State,
26the Department of Corrections, or the Prisoner Review Board,

 

 

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

 

 

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1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any incarcerated
25person inmate who has been convicted of a violation of an order
26of protection under Section 12-3.4 or 12-30 of the Criminal

 

 

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1Code of 1961 or the Criminal Code of 2012, earlier than it
2otherwise would because of a grant of sentence credit, the
3Department, as a condition of release, shall require that the
4person, upon release, be placed under electronic surveillance
5as provided in Section 5-8A-7 of this Code.
6(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
7102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
81-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
912-15-23.)
 
10    Section 99. Effective date. This Act takes effect January
111, 2025.