93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7332

 

Introduced 9/29/2004, by Rep. William B. Black

 

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

    Amends the Unified Code of Corrections. Provides that a person convicted of a third or subsequent violation for driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective July 1, 2005.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses committed on or after
14     June 19, 1998, the following:
15             (i) that a prisoner who is serving a term of
16         imprisonment for first degree murder or for the offense
17         of terrorism shall receive no good conduct credit and
18         shall serve the entire sentence imposed by the court;
19             (ii) that a prisoner serving a sentence for attempt
20         to commit first degree murder, solicitation of murder,
21         solicitation of murder for hire, intentional homicide
22         of an unborn child, predatory criminal sexual assault
23         of a child, aggravated criminal sexual assault,
24         criminal sexual assault, aggravated kidnapping,
25         aggravated battery with a firearm, heinous battery,
26         aggravated battery of a senior citizen, or aggravated
27         battery of a child shall receive no more than 4.5 days
28         of good conduct credit for each month of his or her
29         sentence of imprisonment; and
30             (iii) that a prisoner serving a sentence for home
31         invasion, armed robbery, aggravated vehicular
32         hijacking, aggravated discharge of a firearm, or armed

 

 

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1         violence with a category I weapon or category II
2         weapon, when the court has made and entered a finding,
3         pursuant to subsection (c-1) of Section 5-4-1 of this
4         Code, that the conduct leading to conviction for the
5         enumerated offense resulted in great bodily harm to a
6         victim, shall receive no more than 4.5 days of good
7         conduct credit for each month of his or her sentence of
8         imprisonment.
9         (2.1) For all offenses, other than those enumerated in
10     subdivision (a)(2) committed on or after June 19, 1998, and
11     other than the offense of reckless homicide as defined in
12     subsection (e) of Section 9-3 of the Criminal Code of 1961
13     committed on or after January 1, 1999, or aggravated
14     driving under the influence of alcohol, other drug or
15     drugs, or intoxicating compound or compounds, or any
16     combination thereof as defined in subparagraph (F) of
17     paragraph (1) of subsection (d) of Section 11-501 of the
18     Illinois Vehicle Code, the rules and regulations shall
19     provide that a prisoner who is serving a term of
20     imprisonment shall receive one day of good conduct credit
21     for each day of his or her sentence of imprisonment or
22     recommitment under Section 3-3-9. Each day of good conduct
23     credit shall reduce by one day the prisoner's period of
24     imprisonment or recommitment under Section 3-3-9.
25         (2.2) A prisoner serving a term of natural life
26     imprisonment or a prisoner who has been sentenced to death
27     shall receive no good conduct credit.
28         (2.3) The rules and regulations on early release shall
29     provide that a prisoner who is serving a sentence for
30     reckless homicide as defined in subsection (e) of Section
31     9-3 of the Criminal Code of 1961 committed on or after
32     January 1, 1999, or aggravated driving under the influence
33     of alcohol, other drug or drugs, or intoxicating compound
34     or compounds, or any combination thereof as defined in
35     subparagraph (F) of paragraph (1) of subsection (d) of
36     Section 11-501 of the Illinois Vehicle Code, or a third or

 

 

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1     subsequent conviction for driving under the influence of
2     alcohol, other drug or drugs, or intoxicating compound or
3     compounds, or any combination thereof as defined in Section
4     11-501 of the Illinois Vehicle Code shall receive no more
5     than 4.5 days of good conduct credit for each month of his
6     or her sentence of imprisonment.
7         (2.4) The rules and regulations on early release shall
8     provide with respect to the offenses of aggravated battery
9     with a machine gun or a firearm equipped with any device or
10     attachment designed or used for silencing the report of a
11     firearm or aggravated discharge of a machine gun or a
12     firearm equipped with any device or attachment designed or
13     used for silencing the report of a firearm, committed on or
14     after July 15, 1999 (the effective date of Public Act
15     91-121) this amendatory Act of 1999, that a prisoner
16     serving a sentence for any of these offenses shall receive
17     no more than 4.5 days of good conduct credit for each month
18     of his or her sentence of imprisonment.
19         (2.5) The rules and regulations on early release shall
20     provide that a prisoner who is serving a sentence for
21     aggravated arson committed on or after July 27, 2001 (the
22     effective date of Public Act 92-176) this amendatory Act of
23     the 92nd 93rd General Assembly shall receive no more than
24     4.5 days of good conduct credit for each month of his or
25     her sentence of imprisonment.
26         (3) The rules and regulations shall also provide that
27     the Director may award up to 180 days additional good
28     conduct credit for meritorious service in specific
29     instances as the Director deems proper; except that no more
30     than 90 days of good conduct credit for meritorious service
31     shall be awarded to any prisoner who is serving a sentence
32     for conviction of first degree murder, reckless homicide
33     while under the influence of alcohol or any other drug, or
34     aggravated driving under the influence of alcohol, other
35     drug or drugs, or intoxicating compound or compounds, or
36     any combination thereof as defined in subparagraph (F) of

 

 

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1     paragraph (1) of subsection (d) of Section 11-501 of the
2     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
3     predatory criminal sexual assault of a child, aggravated
4     criminal sexual assault, criminal sexual assault, deviate
5     sexual assault, aggravated criminal sexual abuse,
6     aggravated indecent liberties with a child, indecent
7     liberties with a child, child pornography, heinous
8     battery, aggravated battery of a spouse, aggravated
9     battery of a spouse with a firearm, stalking, aggravated
10     stalking, aggravated battery of a child, endangering the
11     life or health of a child, cruelty to a child, or narcotic
12     racketeering. Notwithstanding the foregoing, good conduct
13     credit for meritorious service shall not be awarded on a
14     sentence of imprisonment imposed for conviction of: (i) one
15     of the offenses enumerated in subdivision (a)(2) when the
16     offense is committed on or after June 19, 1998, (ii)
17     reckless homicide as defined in subsection (e) of Section
18     9-3 of the Criminal Code of 1961 when the offense is
19     committed on or after January 1, 1999, or aggravated
20     driving under the influence of alcohol, other drug or
21     drugs, or intoxicating compound or compounds, or any
22     combination thereof as defined in subparagraph (F) of
23     paragraph (1) of subsection (d) of Section 11-501 of the
24     Illinois Vehicle Code, (iii) one of the offenses enumerated
25     in subdivision (a)(2.4) when the offense is committed on or
26     after July 15, 1999 (the effective date of Public Act
27     91-121) this amendatory Act of 1999, or (iv) aggravated
28     arson when the offense is committed on or after July 27,
29     2001 (the effective date of Public Act 92-176) this
30     amendatory Act of the 92nd 93rd General Assembly.
31         (4) The rules and regulations shall also provide that
32     the good conduct credit accumulated and retained under
33     paragraph (2.1) of subsection (a) of this Section by any
34     inmate during specific periods of time in which such inmate
35     is engaged full-time in substance abuse programs,
36     correctional industry assignments, or educational programs

 

 

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1     provided by the Department under this paragraph (4) and
2     satisfactorily completes the assigned program as
3     determined by the standards of the Department, shall be
4     multiplied by a factor of 1.25 for program participation
5     before August 11, 1993 and 1.50 for program participation
6     on or after that date. However, no inmate shall be eligible
7     for the additional good conduct credit under this paragraph
8     (4) while assigned to a boot camp, mental health unit, or
9     electronic detention, or if convicted of an offense
10     enumerated in paragraph (a)(2) of this Section that is
11     committed on or after June 19, 1998, or if convicted of
12     reckless homicide as defined in subsection (e) of Section
13     9-3 of the Criminal Code of 1961 if the offense is
14     committed on or after January 1, 1999, or aggravated
15     driving under the influence of alcohol, other drug or
16     drugs, or intoxicating compound or compounds, or any
17     combination thereof as defined in subparagraph (F) of
18     paragraph (1) of subsection (d) of Section 11-501 of the
19     Illinois Vehicle Code, or if convicted of an offense
20     enumerated in paragraph (a)(2.4) of this Section that is
21     committed on or after July 15, 1999 (the effective date of
22     Public Act 91-121) this amendatory Act of 1999, or first
23     degree murder, a Class X felony, criminal sexual assault,
24     felony criminal sexual abuse, aggravated criminal sexual
25     abuse, aggravated battery with a firearm, or any
26     predecessor or successor offenses with the same or
27     substantially the same elements, or any inchoate offenses
28     relating to the foregoing offenses. No inmate shall be
29     eligible for the additional good conduct credit under this
30     paragraph (4) who (i) has previously received increased
31     good conduct credit under this paragraph (4) and has
32     subsequently been convicted of a felony, or (ii) has
33     previously served more than one prior sentence of
34     imprisonment for a felony in an adult correctional
35     facility.
36         Educational, vocational, substance abuse and

 

 

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1     correctional industry programs under which good conduct
2     credit may be increased under this paragraph (4) shall be
3     evaluated by the Department on the basis of documented
4     standards. The Department shall report the results of these
5     evaluations to the Governor and the General Assembly by
6     September 30th of each year. The reports shall include data
7     relating to the recidivism rate among program
8     participants.
9         Availability of these programs shall be subject to the
10     limits of fiscal resources appropriated by the General
11     Assembly for these purposes. Eligible inmates who are
12     denied immediate admission shall be placed on a waiting
13     list under criteria established by the Department. The
14     inability of any inmate to become engaged in any such
15     programs by reason of insufficient program resources or for
16     any other reason established under the rules and
17     regulations of the Department shall not be deemed a cause
18     of action under which the Department or any employee or
19     agent of the Department shall be liable for damages to the
20     inmate.
21         (4.5) The rules and regulations on early release shall
22     also provide that a prisoner who is serving a sentence for
23     a crime committed as a result of the use of, abuse of, or
24     addiction to alcohol or a controlled substance and the
25     crime was committed on or after September 1, 2003 (the
26     effective date of Public Act 93-354) this Amendatory Act of
27     the 93rd General Assembly shall receive no good conduct
28     credit until he or she participates in and completes a
29     substance abuse treatment program. Good conduct credit
30     awarded under clauses (2), (3), and (4) of this subsection
31     (a) for crimes committed on or after September 1, 2003 the
32     effective date of this amendatory Act of the 93rd General
33     Assembly is subject to the provisions of this clause (4.5).
34     If the prisoner completes a substance abuse treatment
35     program, the Department may award good conduct credit for
36     the time spent in treatment. Availability of substance

 

 

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1     abuse treatment shall be subject to the limits of fiscal
2     resources appropriated by the General Assembly for these
3     purposes. If treatment is not available, the prisoner shall
4     be placed on a waiting list under criteria established by
5     the Department. The Department may require a prisoner
6     placed on a waiting list to attend a substance abuse
7     education class or attend substance abuse self-help
8     meetings. A prisoner may not lose good conduct credit as a
9     result of being placed on a waiting list. A prisoner placed
10     on a waiting list remains eligible for increased good
11     conduct credit for participation in an educational,
12     vocational, or correctional industry program under clause
13     (4) of subsection (a) of this Section.
14         (5) Whenever the Department is to release any inmate
15     earlier than it otherwise would because of a grant of good
16     conduct credit for meritorious service given at any time
17     during the term, the Department shall give reasonable
18     advance notice of the impending release to the State's
19     Attorney of the county where the prosecution of the inmate
20     took place.
21     (b) Whenever a person is or has been committed under
22 several convictions, with separate sentences, the sentences
23 shall be construed under Section 5-8-4 in granting and
24 forfeiting of good time.
25     (c) The Department shall prescribe rules and regulations
26 for revoking good conduct credit, or suspending or reducing the
27 rate of accumulation of good conduct credit for specific rule
28 violations, during imprisonment. These rules and regulations
29 shall provide that no inmate may be penalized more than one
30 year of good conduct credit for any one infraction.
31     When the Department seeks to revoke, suspend or reduce the
32 rate of accumulation of any good conduct credits for an alleged
33 infraction of its rules, it shall bring charges therefor
34 against the prisoner sought to be so deprived of good conduct
35 credits before the Prisoner Review Board as provided in
36 subparagraph (a)(4) of Section 3-3-2 of this Code, if the

 

 

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1 amount of credit at issue exceeds 30 days or when during any 12
2 month period, the cumulative amount of credit revoked exceeds
3 30 days except where the infraction is committed or discovered
4 within 60 days of scheduled release. In those cases, the
5 Department of Corrections may revoke up to 30 days of good
6 conduct credit. The Board may subsequently approve the
7 revocation of additional good conduct credit, if the Department
8 seeks to revoke good conduct credit in excess of 30 days.
9 However, the Board shall not be empowered to review the
10 Department's decision with respect to the loss of 30 days of
11 good conduct credit within any calendar year for any prisoner
12 or to increase any penalty beyond the length requested by the
13 Department.
14     The Director of the Department of Corrections, in
15 appropriate cases, may restore up to 30 days good conduct
16 credits which have been revoked, suspended or reduced. Any
17 restoration of good conduct credits in excess of 30 days shall
18 be subject to review by the Prisoner Review Board. However, the
19 Board may not restore good conduct credit in excess of the
20 amount requested by the Director.
21     Nothing contained in this Section shall prohibit the
22 Prisoner Review Board from ordering, pursuant to Section
23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24 sentence imposed by the court that was not served due to the
25 accumulation of good conduct credit.
26     (d) If a lawsuit is filed by a prisoner in an Illinois or
27 federal court against the State, the Department of Corrections,
28 or the Prisoner Review Board, or against any of their officers
29 or employees, and the court makes a specific finding that a
30 pleading, motion, or other paper filed by the prisoner is
31 frivolous, the Department of Corrections shall conduct a
32 hearing to revoke up to 180 days of good conduct credit by
33 bringing charges against the prisoner sought to be deprived of
34 the good conduct credits before the Prisoner Review Board as
35 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
36 If the prisoner has not accumulated 180 days of good conduct

 

 

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1 credit at the time of the finding, then the Prisoner Review
2 Board may revoke all good conduct credit accumulated by the
3 prisoner.
4     For purposes of this subsection (d):
5         (1) "Frivolous" means that a pleading, motion, or other
6     filing which purports to be a legal document filed by a
7     prisoner in his or her lawsuit meets any or all of the
8     following criteria:
9             (A) it lacks an arguable basis either in law or in
10         fact;
11             (B) it is being presented for any improper purpose,
12         such as to harass or to cause unnecessary delay or
13         needless increase in the cost of litigation;
14             (C) the claims, defenses, and other legal
15         contentions therein are not warranted by existing law
16         or by a nonfrivolous argument for the extension,
17         modification, or reversal of existing law or the
18         establishment of new law;
19             (D) the allegations and other factual contentions
20         do not have evidentiary support or, if specifically so
21         identified, are not likely to have evidentiary support
22         after a reasonable opportunity for further
23         investigation or discovery; or
24             (E) the denials of factual contentions are not
25         warranted on the evidence, or if specifically so
26         identified, are not reasonably based on a lack of
27         information or belief.
28         (2) "Lawsuit" means a petition for post-conviction
29     relief under Article 122 of the Code of Criminal Procedure
30     of 1963, a motion pursuant to Section 116-3 of the Code of
31     Criminal Procedure of 1963, a habeas corpus action under
32     Article X of the Code of Civil Procedure or under federal
33     law (28 U.S.C. 2254), a petition for claim under the Court
34     of Claims Act or an action under the federal Civil Rights
35     Act (42 U.S.C. 1983).
36     (e) Nothing in Public Act 90-592 or 90-593 this amendatory

 

 

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1 Act of 1998 affects the validity of Public Act 89-404.
2 (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02;
3 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
 
4     Section 99. Effective date. This Act takes effect July 1,
5 2005.