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