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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Sections 3-3-3 and 3-6-3 as follows:
| ||||||||||||||||||||||||||
6 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| ||||||||||||||||||||||||||
7 | Sec. 3-3-3. Eligibility for Parole or Release.
| ||||||||||||||||||||||||||
8 | (a) Except for those offenders who accept the fixed release
| ||||||||||||||||||||||||||
9 | date established by the Prisoner Review Board under Section
| ||||||||||||||||||||||||||
10 | 3-3-2.1, every person serving a term of imprisonment under
the | ||||||||||||||||||||||||||
11 | law in effect prior to the effective date of this
amendatory | ||||||||||||||||||||||||||
12 | Act of 1977 shall be eligible for parole when
he has served:
| ||||||||||||||||||||||||||
13 | (1) the minimum term of an indeterminate sentence less
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14 | time credit for good behavior, or 20 years less time credit
| ||||||||||||||||||||||||||
15 | for good behavior, whichever is less; or
| ||||||||||||||||||||||||||
16 | (2) 20 years of a life sentence less time credit for | ||||||||||||||||||||||||||
17 | good behavior; or
| ||||||||||||||||||||||||||
18 | (3) 20 years or one-third of a determinate sentence,
| ||||||||||||||||||||||||||
19 | whichever is less, less time credit for good behavior.
| ||||||||||||||||||||||||||
20 | (b) No person sentenced under this amendatory Act of 1977 | ||||||||||||||||||||||||||
21 | or who accepts
a release date under Section 3-3-2.1 shall be | ||||||||||||||||||||||||||
22 | eligible for parole.
| ||||||||||||||||||||||||||
23 | (c) Except for those sentenced to a term of natural
life |
| |||||||
| |||||||
1 | imprisonment, every person sentenced to imprisonment
under | ||||||
2 | this amendatory Act of 1977 or given a release date
under | ||||||
3 | Section 3-3-2.1 of this Act shall serve the full term
of a | ||||||
4 | determinate sentence less time credit for good behavior
and | ||||||
5 | shall then be released under the mandatory supervised
release | ||||||
6 | provisions of paragraph (d) of Section 5-8-1 of this Code.
| ||||||
7 | (d) No person serving a term of natural life imprisonment | ||||||
8 | may be paroled
or released except through executive clemency , | ||||||
9 | and except as provided in paragraph (2.2-1) of subsection (a) | ||||||
10 | of Section 3-6-3 of this Code .
| ||||||
11 | (e) Every person committed to the Department of Juvenile | ||||||
12 | Justice under Section
5-10 of the Juvenile Court Act or Section | ||||||
13 | 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | ||||||
14 | this Code and confined in the State correctional
institutions | ||||||
15 | or facilities if such juvenile has not been
tried as an adult | ||||||
16 | shall be eligible for parole without
regard to the length of | ||||||
17 | time the person has been confined
or whether the person has | ||||||
18 | served any minimum term imposed.
However, if a juvenile has | ||||||
19 | been tried as an adult he shall
only be eligible for parole or | ||||||
20 | mandatory supervised release
as an adult under this Section.
| ||||||
21 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
22 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
23 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
24 | (a) (1) The Department of Corrections shall prescribe | ||||||
25 | rules
and regulations for the early release on account of |
| |||||||
| |||||||
1 | good
conduct of persons committed to the Department which | ||||||
2 | shall
be subject to review by the Prisoner Review Board.
| ||||||
3 | (2) The rules and regulations on early release shall | ||||||
4 | provide, with
respect to offenses listed in clause (i), | ||||||
5 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
6 | June 19, 1998 or with respect to the offense listed in | ||||||
7 | clause (iv) of this paragraph (2) committed on or after | ||||||
8 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
9 | with respect to the offense of being an armed habitual | ||||||
10 | criminal committed on or after August 2, 2005 (the | ||||||
11 | effective date of Public Act 94-398), the following:
| ||||||
12 | (i) that a prisoner who is serving a term of | ||||||
13 | imprisonment for first
degree murder or for the offense | ||||||
14 | of terrorism shall receive no good conduct
credit and | ||||||
15 | shall serve the entire
sentence imposed by the court;
| ||||||
16 | (ii) that a prisoner serving a sentence for attempt | ||||||
17 | to commit first
degree murder, solicitation of murder, | ||||||
18 | solicitation of murder for hire,
intentional homicide | ||||||
19 | of an unborn child, predatory criminal sexual assault | ||||||
20 | of a
child, aggravated criminal sexual assault, | ||||||
21 | criminal sexual assault, aggravated
kidnapping, | ||||||
22 | aggravated battery with a firearm, heinous battery, | ||||||
23 | being an armed habitual criminal, aggravated
battery | ||||||
24 | of a senior citizen, or aggravated battery of a child | ||||||
25 | shall receive no
more than 4.5 days of good conduct | ||||||
26 | credit for each month of his or her sentence
of |
| |||||||
| |||||||
1 | imprisonment;
| ||||||
2 | (iii) that a prisoner serving a sentence
for home | ||||||
3 | invasion, armed robbery, aggravated vehicular | ||||||
4 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
5 | violence with a category I weapon
or category II | ||||||
6 | weapon, when the court
has made and entered a finding, | ||||||
7 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
8 | Code, that the conduct leading to conviction for the | ||||||
9 | enumerated offense
resulted in great bodily harm to a | ||||||
10 | victim, shall receive no more than 4.5 days
of good | ||||||
11 | conduct credit for each month of his or her sentence of | ||||||
12 | imprisonment; and
| ||||||
13 | (iv) that a prisoner serving a sentence for | ||||||
14 | aggravated discharge of a firearm, whether or not the | ||||||
15 | conduct leading to conviction for the offense resulted | ||||||
16 | in great bodily harm to the victim, shall receive no | ||||||
17 | more than 4.5 days of good conduct credit for each | ||||||
18 | month of his or her sentence of imprisonment.
| ||||||
19 | (2.1) For all offenses, other than those enumerated in | ||||||
20 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
21 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
22 | after June 23, 2005 (the effective date of Public Act | ||||||
23 | 94-71), and other than the offense of reckless
homicide as | ||||||
24 | defined in subsection (e) of Section 9-3 of the Criminal | ||||||
25 | Code of
1961 committed on or after January 1, 1999,
or | ||||||
26 | aggravated driving under the influence of alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
2 | any combination thereof as defined in
subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
4 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
5 | provide that a prisoner who is serving a term of
| ||||||
6 | imprisonment shall receive one day of good conduct credit | ||||||
7 | for each day of
his or her sentence of imprisonment or | ||||||
8 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
9 | credit shall reduce by one day the prisoner's period
of | ||||||
10 | imprisonment or recommitment 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 good conduct
credit , except as provided in | ||||||
14 | paragraph (2.2-1) of this subsection (a) .
| ||||||
15 | (2.2-1) Notwithstanding anything else to the contrary | ||||||
16 | in this Section, a person who has been sentenced to life | ||||||
17 | without possibility of parole for a crime committed when he | ||||||
18 | or she was under 18 years of age, may, after serving 20 | ||||||
19 | years of his or her sentence, submit an Application for | ||||||
20 | Review and Assessment. The application shall be submitted | ||||||
21 | to the applicant's Illinois Department of Corrections | ||||||
22 | counselor, who shall forward the application to the | ||||||
23 | Prisoner Review Board together with the applicant's | ||||||
24 | criminal history sheet, mittimus, disciplinary history, | ||||||
25 | supplementary program considerations, mental health | ||||||
26 | evaluations, social evaluations pursuant to Section 3-8-2 |
| |||||||
| |||||||
1 | and any other documents the counselor considers relevant.
| ||||||
2 | The Prisoner Review Board, acting through a committee of at | ||||||
3 | least 3 members, shall undertake a review and assessment of | ||||||
4 | the applicant and shall determine, by majority vote, | ||||||
5 | whether the applicant should be certified as eligible to | ||||||
6 | seek release to parole from the Prisoner Review Board.
In | ||||||
7 | determining whether the applicant should be certified as | ||||||
8 | eligible to seek release to parole under this paragraph | ||||||
9 | (2.2-1), the committee shall consider the following:
(i) | ||||||
10 | the applicant's age and level of maturity at the time of | ||||||
11 | the offense;
(ii) the nature and severity of the offense;
| ||||||
12 | (iii) the applicant's degree of participation in the | ||||||
13 | offense;
(iv) the applicant's prior juvenile or criminal | ||||||
14 | history:
(v) the applicant's overall record of behavior | ||||||
15 | while incarcerated, including disciplinary history, | ||||||
16 | participation in educational and vocational programs, | ||||||
17 | demonstration of remorse, and extent of cooperation with | ||||||
18 | staff, as documented in counselors' and other staff | ||||||
19 | members' reports;
(vi) the applicant's likelihood to | ||||||
20 | commit further offenses;
and (vii) any other information | ||||||
21 | the committee considers relevant.
If the committee | ||||||
22 | certifies the applicant as eligible for release to parole | ||||||
23 | under this paragraph, the Prisoner Review Board shall set | ||||||
24 | the matter for a hearing and shall consider the applicant | ||||||
25 | for release under conditions set by the Prisoner Review | ||||||
26 | Board, pursuant to the procedures used in considering the |
| |||||||
| |||||||
1 | parole of prisoners convicted of crimes committed before | ||||||
2 | 1978; provided that no member of the committee that makes | ||||||
3 | the review and assessment of the applicant shall conduct | ||||||
4 | the institutional hearing. The Prisoner Review Board may | ||||||
5 | require a prisoner who it finds has satisfactorily met the | ||||||
6 | conditions for release to serve any parole term it deems | ||||||
7 | necessary.
The Application for Review and Assessment shall | ||||||
8 | be formulated by the Prisoner Review Board. The application | ||||||
9 | may be submitted annually.
| ||||||
10 | (2.3) The rules and regulations on early release shall | ||||||
11 | provide that
a prisoner who is serving a sentence for | ||||||
12 | reckless homicide as defined in
subsection (e) of Section | ||||||
13 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
14 | January 1, 1999, or aggravated driving under the influence | ||||||
15 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
16 | or compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
19 | no more than 4.5
days of good conduct credit for each month | ||||||
20 | of his or her sentence of
imprisonment.
| ||||||
21 | (2.4) The rules and regulations on early release shall | ||||||
22 | provide with
respect to the offenses of aggravated battery | ||||||
23 | with a machine gun or a firearm
equipped with any device or | ||||||
24 | attachment designed or used for silencing the
report of a | ||||||
25 | firearm or aggravated discharge of a machine gun or a | ||||||
26 | firearm
equipped with any device or attachment designed or |
| |||||||
| |||||||
1 | used for silencing the
report of a firearm, committed on or | ||||||
2 | after
July 15, 1999 (the effective date of Public Act | ||||||
3 | 91-121),
that a prisoner serving a sentence for any of | ||||||
4 | these offenses shall receive no
more than 4.5 days of good | ||||||
5 | conduct credit for each month of his or her sentence
of | ||||||
6 | imprisonment.
| ||||||
7 | (2.5) The rules and regulations on early release shall | ||||||
8 | provide that a
prisoner who is serving a sentence for | ||||||
9 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
10 | effective date of Public Act 92-176) shall receive no more | ||||||
11 | than
4.5 days of good conduct credit for each month of his | ||||||
12 | or her sentence of
imprisonment.
| ||||||
13 | (3) The rules and regulations shall also provide that
| ||||||
14 | the Director may award up to 180 days additional good | ||||||
15 | conduct
credit for meritorious service in specific | ||||||
16 | instances as the
Director deems proper; except that no more | ||||||
17 | than 90 days
of good conduct credit for meritorious service
| ||||||
18 | shall be awarded to any prisoner who is serving a sentence | ||||||
19 | for
conviction of first degree murder, reckless homicide | ||||||
20 | while under the
influence of alcohol or any other drug,
or | ||||||
21 | aggravated driving under the influence of alcohol, other | ||||||
22 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
23 | any combination thereof as defined in
subparagraph (F) of | ||||||
24 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
25 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
26 | predatory criminal sexual assault of a child,
aggravated |
| |||||||
| |||||||
1 | criminal sexual assault, criminal sexual assault, deviate | ||||||
2 | sexual
assault, aggravated criminal sexual abuse, | ||||||
3 | aggravated indecent liberties
with a child, indecent | ||||||
4 | liberties with a child, child pornography, heinous
| ||||||
5 | battery, aggravated battery of a spouse, aggravated | ||||||
6 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
7 | stalking, aggravated battery of a child,
endangering the | ||||||
8 | life or health of a child, cruelty to a child, or narcotic
| ||||||
9 | racketeering. Notwithstanding the foregoing, good conduct | ||||||
10 | credit for
meritorious service shall not be awarded on a
| ||||||
11 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
12 | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||||||
13 | or (iii) when the offense is committed on or after
June 19, | ||||||
14 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
15 | committed on or after June 23, 2005 (the effective date of | ||||||
16 | Public Act 94-71), (ii) reckless homicide as
defined in | ||||||
17 | subsection (e) of Section 9-3 of the Criminal Code of 1961 | ||||||
18 | when
the offense is committed on or after January 1, 1999,
| ||||||
19 | or aggravated driving under the influence of alcohol, other | ||||||
20 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
21 | any combination thereof as defined in
subparagraph (F) of | ||||||
22 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
23 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
24 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
25 | after
July 15, 1999 (the effective date of Public Act | ||||||
26 | 91-121),
or (iv) aggravated arson when the offense is |
| |||||||
| |||||||
1 | committed
on or after July 27, 2001 (the effective date of | ||||||
2 | Public Act 92-176).
| ||||||
3 | (4) The rules and regulations shall also provide that | ||||||
4 | the good conduct
credit accumulated and retained under | ||||||
5 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
6 | inmate during specific periods of time in which such
inmate | ||||||
7 | is engaged full-time in substance abuse programs, | ||||||
8 | correctional
industry assignments, or educational programs | ||||||
9 | provided by the Department
under this paragraph (4) and | ||||||
10 | satisfactorily completes the assigned program as
| ||||||
11 | determined by the standards of the Department, shall be | ||||||
12 | multiplied by a factor
of 1.25 for program participation | ||||||
13 | before August 11, 1993
and 1.50 for program participation | ||||||
14 | on or after that date.
However, no inmate shall be eligible | ||||||
15 | for the additional good conduct credit
under this paragraph | ||||||
16 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
17 | boot camp
or electronic detention, or if convicted of an | ||||||
18 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
19 | (iii) of this Section that is committed on or after June | ||||||
20 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
21 | committed on or after June 23, 2005 (the effective date of | ||||||
22 | Public Act 94-71), or if convicted of reckless homicide as | ||||||
23 | defined in subsection (e) of
Section 9-3 of the Criminal | ||||||
24 | Code of 1961 if the offense is committed on or
after | ||||||
25 | January 1, 1999,
or aggravated driving under the influence | ||||||
26 | of alcohol, other drug or drugs, or
intoxicating compound |
| |||||||
| |||||||
1 | or compounds, or any combination thereof as defined in
| ||||||
2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
3 | Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
4 | convicted of an offense enumerated in paragraph
(a)(2.4) of | ||||||
5 | this Section that is committed on or after
July 15, 1999 | ||||||
6 | (the effective date of Public Act 91-121),
or first degree | ||||||
7 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
8 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
9 | aggravated battery with a firearm, or any predecessor or | ||||||
10 | successor offenses
with the same or substantially the same | ||||||
11 | elements, or any inchoate offenses
relating to the | ||||||
12 | foregoing offenses. No inmate shall be eligible for the
| ||||||
13 | additional good conduct credit under this paragraph (4) who | ||||||
14 | (i) has previously
received increased good conduct credit | ||||||
15 | under this paragraph (4) and has
subsequently been | ||||||
16 | convicted of a
felony, or (ii) has previously served more | ||||||
17 | than one prior sentence of
imprisonment for a felony in an | ||||||
18 | adult correctional facility.
| ||||||
19 | Educational, vocational, substance abuse and | ||||||
20 | correctional
industry programs under which good conduct | ||||||
21 | credit may be increased under
this paragraph (4) and | ||||||
22 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
23 | by the Department on the basis of
documented standards. The | ||||||
24 | Department shall report the results of these
evaluations to | ||||||
25 | the Governor and the General Assembly by September 30th of | ||||||
26 | each
year. The reports shall include data relating to the |
| |||||||
| |||||||
1 | recidivism rate among
program participants.
| ||||||
2 | Availability of these programs shall be subject to the
| ||||||
3 | limits of fiscal resources appropriated by the General | ||||||
4 | Assembly for these
purposes. Eligible inmates who are | ||||||
5 | denied immediate admission shall be
placed on a waiting | ||||||
6 | list under criteria established by the Department.
The | ||||||
7 | inability of any inmate to become engaged in any such | ||||||
8 | programs
by reason of insufficient program resources or for | ||||||
9 | any other reason
established under the rules and | ||||||
10 | regulations of the Department shall not be
deemed a cause | ||||||
11 | of action under which the Department or any employee or
| ||||||
12 | agent of the Department shall be liable for damages to the | ||||||
13 | inmate.
| ||||||
14 | (4.1) The rules and regulations shall also provide that | ||||||
15 | an additional 60 days of good conduct credit shall be | ||||||
16 | awarded to any prisoner who passes the high school level | ||||||
17 | Test of General Educational Development (GED) while the | ||||||
18 | prisoner is incarcerated. The good conduct credit awarded | ||||||
19 | under this paragraph (4.1) shall be in addition to, and | ||||||
20 | shall not affect, the award of good conduct under any other | ||||||
21 | paragraph of this Section, but shall also be pursuant to | ||||||
22 | the guidelines and restrictions set forth in paragraph (4) | ||||||
23 | of subsection (a) of this Section.
The good conduct credit | ||||||
24 | provided for in this paragraph shall be available only to | ||||||
25 | those prisoners who have not previously earned a high | ||||||
26 | school diploma or a GED. If, after an award of the GED good |
| |||||||
| |||||||
1 | conduct credit has been made and the Department determines | ||||||
2 | that the prisoner was not eligible, then the award shall be | ||||||
3 | revoked.
| ||||||
4 | (4.5) The rules and regulations on early release shall | ||||||
5 | also provide that
when the court's sentencing order | ||||||
6 | recommends a prisoner for substance abuse treatment and the
| ||||||
7 | crime was committed on or after September 1, 2003 (the | ||||||
8 | effective date of
Public Act 93-354), the prisoner shall | ||||||
9 | receive no good conduct credit awarded under clause (3) of | ||||||
10 | this subsection (a) unless he or she participates in and
| ||||||
11 | completes a substance abuse treatment program. The | ||||||
12 | Director may waive the requirement to participate in or | ||||||
13 | complete a substance abuse treatment program and award the | ||||||
14 | good conduct credit in specific instances if the prisoner | ||||||
15 | is not a good candidate for a substance abuse treatment | ||||||
16 | program for medical, programming, or operational reasons. | ||||||
17 | Availability of
substance abuse treatment shall be subject | ||||||
18 | to the limits of fiscal resources
appropriated by the | ||||||
19 | General Assembly for these purposes. If treatment is not
| ||||||
20 | available and the requirement to participate and complete | ||||||
21 | the treatment has not been waived by the Director, the | ||||||
22 | prisoner shall be placed on a waiting list under criteria
| ||||||
23 | established by the Department. The Director may allow a | ||||||
24 | prisoner placed on
a waiting list to participate in and | ||||||
25 | complete a substance abuse education class or attend | ||||||
26 | substance
abuse self-help meetings in lieu of a substance |
| |||||||
| |||||||
1 | abuse treatment program. A prisoner on a waiting list who | ||||||
2 | is not placed in a substance abuse program prior to release | ||||||
3 | may be eligible for a waiver and receive good conduct | ||||||
4 | credit under clause (3) of this subsection (a) at the | ||||||
5 | discretion of the Director.
| ||||||
6 | (5) Whenever the Department is to release any inmate | ||||||
7 | earlier than it
otherwise would because of a grant of good | ||||||
8 | conduct credit for meritorious
service given at any time | ||||||
9 | during the term, the Department shall give
reasonable | ||||||
10 | advance notice of the impending release to the State's
| ||||||
11 | Attorney of the county where the prosecution of the inmate | ||||||
12 | took place.
| ||||||
13 | (b) Whenever a person is or has been committed under
| ||||||
14 | several convictions, with separate sentences, the sentences
| ||||||
15 | shall be construed under Section 5-8-4 in granting and
| ||||||
16 | forfeiting of good time.
| ||||||
17 | (c) The Department shall prescribe rules and regulations
| ||||||
18 | for revoking good conduct credit, or suspending or reducing
the | ||||||
19 | rate of accumulation of good conduct credit for specific
rule | ||||||
20 | violations, during imprisonment. These rules and regulations
| ||||||
21 | shall provide that no inmate may be penalized more than one
| ||||||
22 | year of good conduct credit for any one infraction.
| ||||||
23 | When the Department seeks to revoke, suspend or reduce
the | ||||||
24 | rate of accumulation of any good conduct credits for
an alleged | ||||||
25 | infraction of its rules, it shall bring charges
therefor | ||||||
26 | against the prisoner sought to be so deprived of
good conduct |
| |||||||
| |||||||
1 | credits before the Prisoner Review Board as
provided in | ||||||
2 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
3 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
4 | month period, the cumulative amount of
credit revoked exceeds | ||||||
5 | 30 days except where the infraction is committed
or discovered | ||||||
6 | within 60 days of scheduled release. In those cases,
the | ||||||
7 | Department of Corrections may revoke up to 30 days of good | ||||||
8 | conduct credit.
The Board may subsequently approve the | ||||||
9 | revocation of additional good
conduct credit, if the Department | ||||||
10 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
11 | However, the Board shall not be empowered to review the
| ||||||
12 | Department's decision with respect to the loss of 30 days of | ||||||
13 | good conduct
credit within any calendar year for any prisoner | ||||||
14 | or to increase any penalty
beyond the length requested by the | ||||||
15 | Department.
| ||||||
16 | The Director of the Department of Corrections, in | ||||||
17 | appropriate cases, may
restore up to 30 days good conduct | ||||||
18 | credits which have been revoked, suspended
or reduced. Any | ||||||
19 | restoration of good conduct credits in excess of 30 days shall
| ||||||
20 | be subject to review by the Prisoner Review Board. However, the | ||||||
21 | Board may not
restore good conduct credit in excess of the | ||||||
22 | amount requested by the Director.
| ||||||
23 | Nothing contained in this Section shall prohibit the | ||||||
24 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
25 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
26 | sentence imposed by the court that was not served due to the
|
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| |||||||
1 | accumulation of good conduct credit.
| ||||||
2 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
3 | federal court
against the State, the Department of Corrections, | ||||||
4 | or the Prisoner Review Board,
or against any of
their officers | ||||||
5 | or employees, and the court makes a specific finding that a
| ||||||
6 | pleading, motion, or other paper filed by the prisoner is | ||||||
7 | frivolous, the
Department of Corrections shall conduct a | ||||||
8 | hearing to revoke up to
180 days of good conduct credit by | ||||||
9 | bringing charges against the prisoner
sought to be deprived of | ||||||
10 | the good conduct credits before the Prisoner Review
Board as | ||||||
11 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
12 | If the prisoner has not accumulated 180 days of good conduct | ||||||
13 | credit at the
time of the finding, then the Prisoner Review | ||||||
14 | Board may revoke all
good conduct credit accumulated by the | ||||||
15 | prisoner.
| ||||||
16 | For purposes of this subsection (d):
| ||||||
17 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
18 | filing which
purports to be a legal document filed by a | ||||||
19 | prisoner in his or her lawsuit meets
any or all of the | ||||||
20 | following criteria:
| ||||||
21 | (A) it lacks an arguable basis either in law or in | ||||||
22 | fact;
| ||||||
23 | (B) it is being presented for any improper purpose, | ||||||
24 | such as to harass or
to cause unnecessary delay or | ||||||
25 | needless increase in the cost of litigation;
| ||||||
26 | (C) the claims, defenses, and other legal |
| |||||||
| |||||||
1 | contentions therein are not
warranted by existing law | ||||||
2 | or by a nonfrivolous argument for the extension,
| ||||||
3 | modification, or reversal of existing law or the | ||||||
4 | establishment of new law;
| ||||||
5 | (D) the allegations and other factual contentions | ||||||
6 | do not have
evidentiary
support or, if specifically so | ||||||
7 | identified, are not likely to have evidentiary
support | ||||||
8 | after a reasonable opportunity for further | ||||||
9 | investigation or discovery;
or
| ||||||
10 | (E) the denials of factual contentions are not | ||||||
11 | warranted on the
evidence, or if specifically so | ||||||
12 | identified, are not reasonably based on a lack
of | ||||||
13 | information or belief.
| ||||||
14 | (2) "Lawsuit" means a petition for post-conviction | ||||||
15 | relief under Article
122 of the Code of Criminal Procedure | ||||||
16 | of 1963, a motion pursuant to Section
116-3 of the Code of | ||||||
17 | Criminal Procedure of 1963, a habeas corpus action under
| ||||||
18 | Article X of the Code of Civil Procedure or under federal | ||||||
19 | law (28 U.S.C. 2254),
a petition for claim under the Court | ||||||
20 | of Claims Act or an action under the
federal Civil Rights | ||||||
21 | Act (42 U.S.C. 1983).
| ||||||
22 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
23 | validity of Public Act 89-404.
| ||||||
24 | (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, | ||||||
25 | eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, | ||||||
26 | eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
|