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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:
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6 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
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7 | Sec. 3-3-3. Eligibility for Parole or Release.
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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:
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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
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15 | for good behavior, whichever is less; or
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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,
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19 | whichever is less, less time credit for good behavior.
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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.
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23 | (c) Except for those sentenced to a term of natural
life |
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| |||||||
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 | (Text of Section after amendment by P.A. 95-585, 95-625, | ||||||
24 | and 95-640 ) | ||||||
25 | Sec. 3-6-3. Rules and Regulations for Early Release.
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1 | (a) (1) The Department of Corrections shall prescribe | ||||||
2 | rules
and regulations for the early release on account of | ||||||
3 | good
conduct of persons committed to the Department which | ||||||
4 | shall
be subject to review by the Prisoner Review Board.
| ||||||
5 | (2) The rules and regulations on early release shall | ||||||
6 | provide, with
respect to offenses listed in clause (i), | ||||||
7 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
8 | June 19, 1998 or with respect to the offense listed in | ||||||
9 | clause (iv) of this paragraph (2) committed on or after | ||||||
10 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
11 | with
respect to offense listed in clause (vi)
(v) committed | ||||||
12 | on or after June 1, 2008 ( the effective date of Public Act | ||||||
13 | 95-625)
this amendatory Act of the 95th General Assembly or | ||||||
14 | with respect to the offense of being an armed habitual | ||||||
15 | criminal committed on or after August 2, 2005 (the | ||||||
16 | effective date of Public Act 94-398) or with respect to the | ||||||
17 | offenses listed in clause (v) of this paragraph (2) | ||||||
18 | committed on or after August 13, 2007 ( the effective date | ||||||
19 | of Public Act 95-134)
this amendatory Act of the 95th | ||||||
20 | General Assembly , the following:
| ||||||
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 | ||||||
24 | shall serve the entire
sentence imposed by the court;
| ||||||
25 | (ii) that a prisoner serving a sentence for attempt | ||||||
26 | to commit first
degree murder, solicitation of murder, |
| |||||||
| |||||||
1 | solicitation of murder for hire,
intentional homicide | ||||||
2 | of an unborn child, predatory criminal sexual assault | ||||||
3 | of a
child, aggravated criminal sexual assault, | ||||||
4 | criminal sexual assault, aggravated
kidnapping, | ||||||
5 | aggravated battery with a firearm, heinous battery, | ||||||
6 | being an armed habitual criminal, aggravated
battery | ||||||
7 | of a senior citizen, or aggravated battery of a child | ||||||
8 | shall receive no
more than 4.5 days of good conduct | ||||||
9 | credit for each month of his or her sentence
of | ||||||
10 | imprisonment;
| ||||||
11 | (iii) that a prisoner serving a sentence
for home | ||||||
12 | invasion, armed robbery, aggravated vehicular | ||||||
13 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
14 | violence with a category I weapon
or category II | ||||||
15 | weapon, when the court
has made and entered a finding, | ||||||
16 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
17 | Code, that the conduct leading to conviction for the | ||||||
18 | enumerated offense
resulted in great bodily harm to a | ||||||
19 | victim, shall receive no more than 4.5 days
of good | ||||||
20 | conduct credit for each month of his or her sentence of | ||||||
21 | imprisonment;
| ||||||
22 | (iv) that a prisoner serving a sentence for | ||||||
23 | aggravated discharge of a firearm, whether or not the | ||||||
24 | conduct leading to conviction for the offense resulted | ||||||
25 | in great bodily harm to the victim, shall receive no | ||||||
26 | more than 4.5 days of good conduct credit for each |
| |||||||
| |||||||
1 | month of his or her sentence of imprisonment; and
| ||||||
2 | (v) that a person serving a sentence for | ||||||
3 | gunrunning, narcotics racketeering, controlled | ||||||
4 | substance trafficking, methamphetamine trafficking, | ||||||
5 | drug-induced homicide, aggravated | ||||||
6 | methamphetamine-related child endangerment, money | ||||||
7 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
8 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
9 | conviction for delivery of a controlled substance, | ||||||
10 | possession of a controlled substance with intent to | ||||||
11 | manufacture or deliver, calculated criminal drug | ||||||
12 | conspiracy, criminal drug conspiracy, street gang | ||||||
13 | criminal drug conspiracy, participation in | ||||||
14 | methamphetamine manufacturing, aggravated | ||||||
15 | participation in methamphetamine manufacturing, | ||||||
16 | delivery of methamphetamine, possession with intent to | ||||||
17 | deliver methamphetamine, aggravated delivery of | ||||||
18 | methamphetamine, aggravated possession with intent to | ||||||
19 | deliver methamphetamine, methamphetamine conspiracy | ||||||
20 | when the substance containing the controlled substance | ||||||
21 | or methamphetamine is 100 grams or more shall receive | ||||||
22 | no more than 7.5 days good conduct credit for each | ||||||
23 | month of his or her sentence of imprisonment ; and .
| ||||||
24 | (vi)
(v) that a prisoner serving a sentence for a | ||||||
25 | second or subsequent offense of luring a minor shall | ||||||
26 | receive no more than 4.5 days of good conduct credit |
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| |||||||
1 | for each month of his or her sentence of imprisonment.
| ||||||
2 | (2.1) For all offenses, other than those enumerated in | ||||||
3 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
4 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
5 | after June 23, 2005 (the effective date of Public Act | ||||||
6 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
7 | August 13, 2007 ( the effective date of Public Act 95-134)
| ||||||
8 | this amendatory Act of the 95th General Assembly or | ||||||
9 | subdivision (a)(2) (vi) (v) committed on or after June 1, | ||||||
10 | 2008 ( the effective date of Public Act 95-625)
this | ||||||
11 | amendatory Act of the 95th General Assembly , and other than | ||||||
12 | the offense of reckless
homicide as defined in subsection | ||||||
13 | (e) of Section 9-3 of the Criminal Code of
1961 committed | ||||||
14 | on or after January 1, 1999,
or aggravated driving under | ||||||
15 | the influence of alcohol, other drug or drugs, or
| ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
18 | subsection (d) of Section 11-501 of the
Illinois Vehicle | ||||||
19 | Code,
the rules and regulations shall
provide that a | ||||||
20 | prisoner who is serving a term of
imprisonment shall | ||||||
21 | receive one day of good conduct credit for each day of
his | ||||||
22 | or her sentence of imprisonment or recommitment under | ||||||
23 | Section 3-3-9.
Each day of good conduct credit shall reduce | ||||||
24 | by one day the prisoner's period
of imprisonment or | ||||||
25 | recommitment under Section 3-3-9.
| ||||||
26 | (2.2) A prisoner serving a term of natural life |
| |||||||
| |||||||
1 | imprisonment or a
prisoner who has been sentenced to death | ||||||
2 | shall receive no good conduct
credit , except as provided in | ||||||
3 | paragraph (2.2-1) of this subsection (a) .
| ||||||
4 | (2.2-1)(A) Notwithstanding anything else to the | ||||||
5 | contrary in this Section, a person who has been sentenced | ||||||
6 | to life without possibility of parole for a crime committed | ||||||
7 | when he or she was under 18 years of age, may, after | ||||||
8 | serving 10 years of his or her sentence, submit an | ||||||
9 | Application for Review and Assessment. The application may | ||||||
10 | be submitted every 2 years. | ||||||
11 | (B) The application shall be submitted to the | ||||||
12 | applicant's Illinois Department of Corrections counselor, | ||||||
13 | who shall, within 30 days after receipt of the application, | ||||||
14 | forward the application to the Prisoner Review Board | ||||||
15 | together with the applicant's criminal history sheet, | ||||||
16 | mittimus, disciplinary history, supplementary program | ||||||
17 | considerations, mental health evaluations, social | ||||||
18 | evaluations pursuant to Section 3-8-2, evidence of | ||||||
19 | physical abuse and drug abuse prior to the offense, and any | ||||||
20 | other documents the counselor considers relevant.
After a | ||||||
21 | prisoner submits his or her initial application, | ||||||
22 | subsequent applications require that the Illinois | ||||||
23 | Department of Corrections update information submitted to | ||||||
24 | the Prisoner Review Board. The Prisoner Review Board, | ||||||
25 | acting through a committee of at least 3 members, shall | ||||||
26 | undertake a review and assessment of the applicant and |
| |||||||
| |||||||
1 | shall determine, by majority vote, whether the applicant | ||||||
2 | should be certified as eligible to seek release to parole | ||||||
3 | from the Prisoner Review Board.
In determining whether the | ||||||
4 | applicant should be certified as eligible to seek release | ||||||
5 | to parole under this paragraph (2.2-1), the committee shall | ||||||
6 | consider the following:
(i) the applicant's age and level | ||||||
7 | of maturity at the time of the offense;
(ii) the | ||||||
8 | applicant's susceptibility to outside pressure, including | ||||||
9 | peer pressure or negative influences; (iii) the | ||||||
10 | applicant's potential for rehabilitation; (iv) the nature | ||||||
11 | and severity of the offense;
(v) the applicant's degree of | ||||||
12 | participation in the offense;
(vi) the applicant's prior | ||||||
13 | juvenile or criminal history;
(vii) the applicant's | ||||||
14 | overall record of behavior while incarcerated, including | ||||||
15 | disciplinary history, participation in educational and | ||||||
16 | vocational programs, including, but not limited to | ||||||
17 | participation in a restorative justice program, and extent | ||||||
18 | of cooperation with staff, as documented in counselors' and | ||||||
19 | other staff members' reports; (viii) the applicant's | ||||||
20 | likelihood to commit further offenses;
and (ix) any other | ||||||
21 | information the committee considers relevant.
If the | ||||||
22 | committee certifies the applicant as eligible for release | ||||||
23 | to parole under this paragraph, the Prisoner Review Board | ||||||
24 | shall set the matter for a hearing and shall consider the | ||||||
25 | applicant for release under conditions set by the Prisoner | ||||||
26 | Review Board, pursuant to the procedures used in |
| |||||||
| |||||||
1 | considering the parole of prisoners convicted of crimes | ||||||
2 | committed before 1978, pursuant to Section 3-3-4, | ||||||
3 | including but not limited to: | ||||||
4 | (I) providing the prosecuting State's Attorney's | ||||||
5 | office reasonable
written notice not less than 15 days | ||||||
6 | prior to the parole hearing and permitting that office | ||||||
7 | to submit relevant information in writing, or on film, | ||||||
8 | video tape or other
electronic means or in the form of | ||||||
9 | a recording to the Board for its
consideration. The | ||||||
10 | State's Attorney may waive the written notice; | ||||||
11 | (II) providing the victim or victims of the violent | ||||||
12 | crime for which the prisoner has been
sentenced notice | ||||||
13 | of a parole hearing as provided in paragraph
(4) of | ||||||
14 | subsection (d) of Section 4.5 of the Rights of Crime | ||||||
15 | Victims and Witnesses
Act; | ||||||
16 | provided that no member of the committee that makes the | ||||||
17 | review and assessment of the applicant shall conduct the | ||||||
18 | institutional hearing. The Prisoner Review Board, after | ||||||
19 | consideration of information from the State's Attorney, | ||||||
20 | may require a prisoner who it finds has satisfactorily met | ||||||
21 | the conditions for release to serve a reasonable parole | ||||||
22 | term.
The Application for Review and Assessment shall be | ||||||
23 | prescribed by the Prisoner Review Board.
| ||||||
24 | (2.3) The rules and regulations on early release shall | ||||||
25 | provide that
a prisoner who is serving a sentence for | ||||||
26 | reckless homicide as defined in
subsection (e) of Section |
| |||||||
| |||||||
1 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
2 | January 1, 1999, or aggravated driving under the influence | ||||||
3 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
4 | or compounds, or any combination
thereof as defined in | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
6 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
7 | no more than 4.5
days of good conduct credit for each month | ||||||
8 | of his or her sentence of
imprisonment.
| ||||||
9 | (2.4) The rules and regulations on early release shall | ||||||
10 | provide with
respect to the offenses of aggravated battery | ||||||
11 | with a machine gun or a firearm
equipped with any device or | ||||||
12 | attachment designed or used for silencing the
report of a | ||||||
13 | firearm or aggravated discharge of a machine gun or a | ||||||
14 | firearm
equipped with any device or attachment designed or | ||||||
15 | used for silencing the
report of a firearm, committed on or | ||||||
16 | after
July 15, 1999 (the effective date of Public Act | ||||||
17 | 91-121),
that a prisoner serving a sentence for any of | ||||||
18 | these offenses shall receive no
more than 4.5 days of good | ||||||
19 | conduct credit for each month of his or her sentence
of | ||||||
20 | imprisonment.
| ||||||
21 | (2.5) The rules and regulations on early release shall | ||||||
22 | provide that a
prisoner who is serving a sentence for | ||||||
23 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
24 | effective date of Public Act 92-176) shall receive no more | ||||||
25 | than
4.5 days of good conduct credit for each month of his | ||||||
26 | or her sentence of
imprisonment.
|
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| |||||||
1 | (3) The rules and regulations shall also provide that
| ||||||
2 | the Director may award up to 180 days additional good | ||||||
3 | conduct
credit for meritorious service in specific | ||||||
4 | instances as the
Director deems proper; except that no more | ||||||
5 | than 90 days
of good conduct credit for meritorious service
| ||||||
6 | shall be awarded to any prisoner who is serving a sentence | ||||||
7 | for
conviction of first degree murder, reckless homicide | ||||||
8 | while under the
influence of alcohol or any other drug,
or | ||||||
9 | 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, aggravated kidnapping, kidnapping,
| ||||||
14 | predatory criminal sexual assault of a child,
aggravated | ||||||
15 | criminal sexual assault, criminal sexual assault, deviate | ||||||
16 | sexual
assault, aggravated criminal sexual abuse, | ||||||
17 | aggravated indecent liberties
with a child, indecent | ||||||
18 | liberties with a child, child pornography, heinous
| ||||||
19 | battery, aggravated battery of a spouse, aggravated | ||||||
20 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
21 | stalking, aggravated battery of a child,
endangering the | ||||||
22 | life or health of a child, or cruelty to a child. | ||||||
23 | Notwithstanding the foregoing, good conduct credit for
| ||||||
24 | meritorious service shall not be awarded on a
sentence of | ||||||
25 | imprisonment imposed for conviction of: (i) one of the | ||||||
26 | offenses
enumerated in subdivision (a)(2)(i), (ii), or |
| |||||||
| |||||||
1 | (iii) when the offense is committed on or after
June 19, | ||||||
2 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
3 | committed on or after June 23, 2005 (the effective date of | ||||||
4 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
5 | is committed on or after August 13, 2007 ( the effective | ||||||
6 | date of Public Act 95-134)
this amendatory Act of the 95th | ||||||
7 | General Assembly or subdivision (a)(2) (vi) (v) when the | ||||||
8 | offense is committed on or after June 1, 2008 ( the | ||||||
9 | effective date of Public Act 95-625)
this amendatory Act of | ||||||
10 | the 95th General Assembly , (ii) reckless homicide as
| ||||||
11 | defined in subsection (e) of Section 9-3 of the Criminal | ||||||
12 | Code of 1961 when
the offense is committed on or after | ||||||
13 | January 1, 1999,
or aggravated driving under the influence | ||||||
14 | of alcohol, other drug or drugs, or
intoxicating compound | ||||||
15 | or compounds, or any combination thereof as defined in
| ||||||
16 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
17 | Section 11-501 of the
Illinois Vehicle Code, (iii) one of | ||||||
18 | the offenses enumerated in subdivision
(a)(2.4) when the | ||||||
19 | offense is committed on or after
July 15, 1999 (the | ||||||
20 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
21 | arson when the offense is committed
on or after July 27, | ||||||
22 | 2001 (the effective date of Public Act 92-176).
| ||||||
23 | (4) The rules and regulations shall also provide that | ||||||
24 | the good conduct
credit accumulated and retained under | ||||||
25 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
26 | inmate during specific periods of time in which such
inmate |
| |||||||
| |||||||
1 | is engaged full-time in substance abuse programs, | ||||||
2 | correctional
industry assignments, or educational programs | ||||||
3 | provided by the Department
under this paragraph (4) and | ||||||
4 | satisfactorily completes the assigned program as
| ||||||
5 | determined by the standards of the Department, shall be | ||||||
6 | multiplied by a factor
of 1.25 for program participation | ||||||
7 | before August 11, 1993
and 1.50 for program participation | ||||||
8 | on or after that date.
However, no inmate shall be eligible | ||||||
9 | for the additional good conduct credit
under this paragraph | ||||||
10 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
11 | boot camp
or electronic detention, or if convicted of an | ||||||
12 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
13 | (iii) of this Section that is committed on or after June | ||||||
14 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
15 | committed on or after June 23, 2005 (the effective date of | ||||||
16 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
17 | that is committed on or after August 13, 2007 ( the | ||||||
18 | effective date of Public Act 95-134)
this amendatory Act of | ||||||
19 | the 95th General Assembly or subdivision (a)(2) (vi) (v) | ||||||
20 | when the offense is committed on or after June 1, 2008 ( the | ||||||
21 | effective date of Public Act 95-625)
this amendatory Act of | ||||||
22 | the 95th General Assembly , or if convicted of reckless | ||||||
23 | homicide as defined in subsection (e) of
Section 9-3 of the | ||||||
24 | Criminal Code of 1961 if the offense is committed on or
| ||||||
25 | after January 1, 1999,
or aggravated driving under the | ||||||
26 | influence of alcohol, other drug or drugs, or
intoxicating |
| |||||||
| |||||||
1 | compound or compounds, or any combination thereof as | ||||||
2 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
3 | (d) of 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 | (4.6) The rules and regulations on early release shall | ||||||
7 | also provide that a prisoner who has been convicted of a | ||||||
8 | sex offense as defined in Section 2 of the Sex Offender | ||||||
9 | Registration Act shall receive no good conduct credit | ||||||
10 | unless he or she either has successfully completed or is | ||||||
11 | participating in sex offender treatment as defined by the | ||||||
12 | Sex Offender Management Board. However, prisoners who are | ||||||
13 | waiting to receive such treatment, but who are unable to do | ||||||
14 | so due solely to the lack of resources on the part of the | ||||||
15 | Department, may, at the Director's sole discretion, be | ||||||
16 | awarded good conduct credit at such rate as the Director | ||||||
17 | shall determine.
| ||||||
18 | (5) Whenever the Department is to release any inmate | ||||||
19 | earlier than it
otherwise would because of a grant of good | ||||||
20 | conduct credit for meritorious
service given at any time | ||||||
21 | during the term, the Department shall give
reasonable | ||||||
22 | advance notice of the impending release to the State's
| ||||||
23 | Attorney of the county where the prosecution of the inmate | ||||||
24 | took place.
| ||||||
25 | (b) Whenever a person is or has been committed under
| ||||||
26 | several convictions, with separate sentences, the sentences
|
| |||||||
| |||||||
1 | shall be construed under Section 5-8-4 in granting and
| ||||||
2 | forfeiting of good time.
| ||||||
3 | (c) The Department shall prescribe rules and regulations
| ||||||
4 | for revoking good conduct credit, or suspending or reducing
the | ||||||
5 | rate of accumulation of good conduct credit for specific
rule | ||||||
6 | violations, during imprisonment. These rules and regulations
| ||||||
7 | shall provide that no inmate may be penalized more than one
| ||||||
8 | year of good conduct credit for any one infraction.
| ||||||
9 | When the Department seeks to revoke, suspend or reduce
the | ||||||
10 | rate of accumulation of any good conduct credits for
an alleged | ||||||
11 | infraction of its rules, it shall bring charges
therefor | ||||||
12 | against the prisoner sought to be so deprived of
good conduct | ||||||
13 | credits before the Prisoner Review Board as
provided in | ||||||
14 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
15 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
16 | month period, the cumulative amount of
credit revoked exceeds | ||||||
17 | 30 days except where the infraction is committed
or discovered | ||||||
18 | within 60 days of scheduled release. In those cases,
the | ||||||
19 | Department of Corrections may revoke up to 30 days of good | ||||||
20 | conduct credit.
The Board may subsequently approve the | ||||||
21 | revocation of additional good
conduct credit, if the Department | ||||||
22 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
23 | However, the Board shall not be empowered to review the
| ||||||
24 | Department's decision with respect to the loss of 30 days of | ||||||
25 | good conduct
credit within any calendar year for any prisoner | ||||||
26 | or to increase any penalty
beyond the length requested by the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | The Director of the Department of Corrections, in | ||||||
3 | appropriate cases, may
restore up to 30 days good conduct | ||||||
4 | credits which have been revoked, suspended
or reduced. Any | ||||||
5 | restoration of good conduct credits in excess of 30 days shall
| ||||||
6 | be subject to review by the Prisoner Review Board. However, the | ||||||
7 | Board may not
restore good conduct credit in excess of the | ||||||
8 | amount requested by the Director.
| ||||||
9 | Nothing contained in this Section shall prohibit the | ||||||
10 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
11 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
12 | sentence imposed by the court that was not served due to the
| ||||||
13 | accumulation of good conduct credit.
| ||||||
14 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
15 | federal court
against the State, the Department of Corrections, | ||||||
16 | or the Prisoner Review Board,
or against any of
their officers | ||||||
17 | or employees, and the court makes a specific finding that a
| ||||||
18 | pleading, motion, or other paper filed by the prisoner is | ||||||
19 | frivolous, the
Department of Corrections shall conduct a | ||||||
20 | hearing to revoke up to
180 days of good conduct credit by | ||||||
21 | bringing charges against the prisoner
sought to be deprived of | ||||||
22 | the good conduct credits before the Prisoner Review
Board as | ||||||
23 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
24 | If the prisoner has not accumulated 180 days of good conduct | ||||||
25 | credit at the
time of the finding, then the Prisoner Review | ||||||
26 | Board may revoke all
good conduct credit accumulated by the |
| |||||||
| |||||||
1 | prisoner.
| ||||||
2 | For purposes of this subsection (d):
| ||||||
3 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
4 | filing which
purports to be a legal document filed by a | ||||||
5 | prisoner in his or her lawsuit meets
any or all of the | ||||||
6 | following criteria:
| ||||||
7 | (A) it lacks an arguable basis either in law or in | ||||||
8 | fact;
| ||||||
9 | (B) it is being presented for any improper purpose, | ||||||
10 | such as to harass or
to cause unnecessary delay or | ||||||
11 | needless increase in the cost of litigation;
| ||||||
12 | (C) the claims, defenses, and other legal | ||||||
13 | contentions therein are not
warranted by existing law | ||||||
14 | or by a nonfrivolous argument for the extension,
| ||||||
15 | modification, or reversal of existing law or the | ||||||
16 | establishment of new law;
| ||||||
17 | (D) the allegations and other factual contentions | ||||||
18 | do not have
evidentiary
support or, if specifically so | ||||||
19 | identified, are not likely to have evidentiary
support | ||||||
20 | after a reasonable opportunity for further | ||||||
21 | investigation or discovery;
or
| ||||||
22 | (E) the denials of factual contentions are not | ||||||
23 | warranted on the
evidence, or if specifically so | ||||||
24 | identified, are not reasonably based on a lack
of | ||||||
25 | information or belief.
| ||||||
26 | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
| |||||||
| |||||||
1 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
2 | action under
Article X of the Code of Civil Procedure or | ||||||
3 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
4 | under the Court of Claims Act, an action under the
federal | ||||||
5 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
6 | subsequent petition for post-conviction relief under | ||||||
7 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
8 | whether filed with or without leave of court or a second or | ||||||
9 | subsequent petition for relief from judgment under Section | ||||||
10 | 2-1401 of the Code of Civil Procedure.
| ||||||
11 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
12 | validity of Public Act 89-404.
| ||||||
13 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
14 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
15 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
16 | eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
|