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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3029 Introduced , by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Provides that the Department of Corrections shall immediately upon release of an inmate earlier than it
otherwise would because of a grant of sentence credit for good conduct email the police department of the municipality into which the inmate is released that the inmate has been released into that municipality, or if the inmate is released into an unincorporated area or an area that does not have a police department, the Department shall email the county sheriff of the county in which the unincorporated area or municipality without a police department is located that the inmate has been released into an unincorporated area or an area that does not have a police department that is located in that county.
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| | A BILL FOR |
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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 Sentence Credit.
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8 | | (a) (1) The Department of Corrections shall prescribe |
9 | | rules
and regulations for awarding and revoking sentence |
10 | | credit for persons committed to the Department which shall
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11 | | be subject to review by the Prisoner Review Board.
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12 | | (1.5) As otherwise provided by law, sentence credit may |
13 | | be awarded for the following: |
14 | | (A) successful completion of programming while in |
15 | | custody of the Department or while in custody prior to |
16 | | sentencing; |
17 | | (B) compliance with the rules and regulations of |
18 | | the Department; or |
19 | | (C) service to the institution, service to a |
20 | | community, or service to the State.
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21 | | (2) The rules and regulations on sentence credit shall |
22 | | provide, with
respect to offenses listed in clause (i), |
23 | | (ii), or (iii) of this paragraph (2) committed on or after |
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1 | | June 19, 1998 or with respect to the offense listed in |
2 | | clause (iv) of this paragraph (2) committed on or after |
3 | | June 23, 2005 (the effective date of Public Act 94-71) or |
4 | | with
respect to offense listed in clause (vi)
committed on |
5 | | or after June 1, 2008 (the effective date of Public Act |
6 | | 95-625)
or with respect to the offense of being an armed |
7 | | habitual criminal committed on or after August 2, 2005 (the |
8 | | effective date of Public Act 94-398) or with respect to the |
9 | | offenses listed in clause (v) of this paragraph (2) |
10 | | committed on or after August 13, 2007 (the effective date |
11 | | of Public Act 95-134) or with respect to the offense of |
12 | | aggravated domestic battery committed on or after July 23, |
13 | | 2010 (the effective date of Public Act 96-1224) or with |
14 | | respect to the offense of attempt to commit terrorism |
15 | | committed on or after January 1, 2013 (the effective date |
16 | | of Public Act 97-990), the following:
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17 | | (i) that a prisoner who is serving a term of |
18 | | imprisonment for first
degree murder or for the offense |
19 | | of terrorism shall receive no sentence
credit and shall |
20 | | serve the entire
sentence imposed by the court;
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21 | | (ii) that a prisoner serving a sentence for attempt |
22 | | to commit terrorism, attempt to commit first
degree |
23 | | murder, solicitation of murder, solicitation of murder |
24 | | for hire,
intentional homicide of an unborn child, |
25 | | predatory criminal sexual assault of a
child, |
26 | | aggravated criminal sexual assault, criminal sexual |
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1 | | assault, aggravated
kidnapping, aggravated battery |
2 | | with a firearm as described in Section 12-4.2 or |
3 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
4 | | Section 12-3.05, heinous battery as described in |
5 | | Section 12-4.1 or subdivision (a)(2) of Section |
6 | | 12-3.05, being an armed habitual criminal, aggravated
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7 | | battery of a senior citizen as described in Section |
8 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or |
9 | | aggravated battery of a child as described in Section |
10 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall |
11 | | receive no
more than 4.5 days of sentence credit for |
12 | | each month of his or her sentence
of imprisonment;
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13 | | (iii) that a prisoner serving a sentence
for home |
14 | | invasion, armed robbery, aggravated vehicular |
15 | | hijacking,
aggravated discharge of a firearm, or armed |
16 | | violence with a category I weapon
or category II |
17 | | weapon, when the court
has made and entered a finding, |
18 | | pursuant to subsection (c-1) of Section 5-4-1
of this |
19 | | Code, that the conduct leading to conviction for the |
20 | | enumerated offense
resulted in great bodily harm to a |
21 | | victim, shall receive no more than 4.5 days
of sentence |
22 | | credit for each month of his or her sentence of |
23 | | imprisonment;
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24 | | (iv) that a prisoner serving a sentence for |
25 | | aggravated discharge of a firearm, whether or not the |
26 | | conduct leading to conviction for the offense resulted |
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1 | | in great bodily harm to the victim, shall receive no |
2 | | more than 4.5 days of sentence credit for each month of |
3 | | his or her sentence of imprisonment;
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4 | | (v) that a person serving a sentence for |
5 | | gunrunning, narcotics racketeering, controlled |
6 | | substance trafficking, methamphetamine trafficking, |
7 | | drug-induced homicide, aggravated |
8 | | methamphetamine-related child endangerment, money |
9 | | laundering pursuant to clause (c) (4) or (5) of Section |
10 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code |
11 | | of 2012, or a Class X felony conviction for delivery of |
12 | | a controlled substance, possession of a controlled |
13 | | substance with intent to manufacture or deliver, |
14 | | calculated criminal drug conspiracy, criminal drug |
15 | | conspiracy, street gang criminal drug conspiracy, |
16 | | participation in methamphetamine manufacturing, |
17 | | aggravated participation in methamphetamine |
18 | | manufacturing, delivery of methamphetamine, possession |
19 | | with intent to deliver methamphetamine, aggravated |
20 | | delivery of methamphetamine, aggravated possession |
21 | | with intent to deliver methamphetamine, |
22 | | methamphetamine conspiracy when the substance |
23 | | containing the controlled substance or methamphetamine |
24 | | is 100 grams or more shall receive no more than 7.5 |
25 | | days sentence credit for each month of his or her |
26 | | sentence of imprisonment;
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1 | | (vi)
that a prisoner serving a sentence for a |
2 | | second or subsequent offense of luring a minor shall |
3 | | receive no more than 4.5 days of sentence credit for |
4 | | each month of his or her sentence of imprisonment; and
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5 | | (vii) that a prisoner serving a sentence for |
6 | | aggravated domestic battery shall receive no more than |
7 | | 4.5 days of sentence credit for each month of his or |
8 | | her sentence of imprisonment.
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9 | | (2.1) For all offenses, other than those enumerated in |
10 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
11 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or |
12 | | after June 23, 2005 (the effective date of Public Act |
13 | | 94-71) or subdivision (a)(2)(v) committed on or after |
14 | | August 13, 2007 (the effective date of Public Act 95-134)
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15 | | or subdivision (a)(2)(vi) committed on or after June 1, |
16 | | 2008 (the effective date of Public Act 95-625) or |
17 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 |
18 | | (the effective date of Public Act 96-1224), and other than |
19 | | the offense of aggravated driving under the influence of |
20 | | alcohol, other drug or drugs, or
intoxicating compound or |
21 | | compounds, or any combination thereof as defined in
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22 | | subparagraph (F) of paragraph (1) of subsection (d) of |
23 | | Section 11-501 of the
Illinois Vehicle Code, and other than |
24 | | the offense of aggravated driving under the influence of |
25 | | alcohol,
other drug or drugs, or intoxicating compound or |
26 | | compounds, or any combination
thereof as defined in |
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1 | | subparagraph (C) of paragraph (1) of subsection (d) of
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2 | | Section 11-501 of the Illinois Vehicle Code committed on or |
3 | | after January 1, 2011 (the effective date of Public Act |
4 | | 96-1230),
the rules and regulations shall
provide that a |
5 | | prisoner who is serving a term of
imprisonment shall |
6 | | receive one day of sentence credit for each day of
his or |
7 | | her sentence of imprisonment or recommitment under Section |
8 | | 3-3-9.
Each day of sentence credit shall reduce by one day |
9 | | the prisoner's period
of imprisonment or recommitment |
10 | | under Section 3-3-9.
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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 sentence
credit.
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14 | | (2.3) The rules and regulations on sentence credit |
15 | | shall provide that
a prisoner who is serving a sentence for |
16 | | aggravated driving under the influence of alcohol,
other |
17 | | drug or drugs, or intoxicating compound or compounds, or |
18 | | any combination
thereof as defined in subparagraph (F) of |
19 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
20 | | Illinois Vehicle Code, shall receive no more than 4.5
days |
21 | | of sentence credit for each month of his or her sentence of
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22 | | imprisonment.
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23 | | (2.4) The rules and regulations on sentence credit |
24 | | shall provide with
respect to the offenses of aggravated |
25 | | battery with a machine gun or a firearm
equipped with any |
26 | | device or attachment designed or used for silencing the
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1 | | report of a firearm or aggravated discharge of a machine |
2 | | gun or a firearm
equipped with any device or attachment |
3 | | designed or used for silencing the
report of a firearm, |
4 | | committed on or after
July 15, 1999 (the effective date of |
5 | | Public Act 91-121),
that a prisoner serving a sentence for |
6 | | any of these offenses shall receive no
more than 4.5 days |
7 | | of sentence credit for each month of his or her sentence
of |
8 | | imprisonment.
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9 | | (2.5) The rules and regulations on sentence credit |
10 | | shall provide that a
prisoner who is serving a sentence for |
11 | | aggravated arson committed on or after
July 27, 2001 (the |
12 | | effective date of Public Act 92-176) shall receive no more |
13 | | than
4.5 days of sentence credit for each month of his or |
14 | | her sentence of
imprisonment.
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15 | | (2.6) The rules and regulations on sentence credit |
16 | | shall provide that a
prisoner who is serving a sentence for |
17 | | aggravated driving under the influence of alcohol,
other |
18 | | drug or drugs, or intoxicating compound or compounds or any |
19 | | combination
thereof as defined in subparagraph (C) of |
20 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
21 | | Illinois Vehicle Code committed on or after January 1, 2011 |
22 | | (the effective date of Public Act 96-1230) shall receive no |
23 | | more than 4.5
days of sentence credit for each month of his |
24 | | or her sentence of
imprisonment.
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25 | | (3) The rules and regulations shall also provide that
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26 | | the Director may award up to 180 days additional sentence
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1 | | credit for good conduct in specific instances as the
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2 | | Director deems proper. The good conduct may include, but is |
3 | | not limited to, compliance with the rules and regulations |
4 | | of the Department, service to the Department, service to a |
5 | | community, or service to the State. However, the Director |
6 | | shall not award more than 90 days
of sentence credit for |
7 | | good conduct to any prisoner who is serving a sentence for
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8 | | conviction of first degree murder, reckless homicide while |
9 | | under the
influence of alcohol or any other drug,
or |
10 | | aggravated driving under the influence of alcohol, other |
11 | | drug or drugs, or
intoxicating compound or compounds, or |
12 | | any combination thereof as defined in
subparagraph (F) of |
13 | | paragraph (1) of subsection (d) of Section 11-501 of the
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14 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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15 | | predatory criminal sexual assault of a child,
aggravated |
16 | | criminal sexual assault, criminal sexual assault, deviate |
17 | | sexual
assault, aggravated criminal sexual abuse, |
18 | | aggravated indecent liberties
with a child, indecent |
19 | | liberties with a child, child pornography, heinous
battery |
20 | | as described in Section 12-4.1 or subdivision (a)(2) of |
21 | | Section 12-3.05, aggravated battery of a spouse, |
22 | | aggravated battery of a spouse
with a firearm, stalking, |
23 | | aggravated stalking, aggravated battery of a child as |
24 | | described in Section 12-4.3 or subdivision (b)(1) of |
25 | | Section 12-3.05,
endangering the life or health of a child, |
26 | | or cruelty to a child. Notwithstanding the foregoing, |
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1 | | sentence credit for
good conduct shall not be awarded on a
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2 | | sentence of imprisonment imposed for conviction of: (i) one |
3 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), |
4 | | or (iii) when the offense is committed on or after
June 19, |
5 | | 1998 or subdivision (a)(2)(iv) when the offense is |
6 | | committed on or after June 23, 2005 (the effective date of |
7 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense |
8 | | is committed on or after August 13, 2007 (the effective |
9 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when |
10 | | the offense is committed on or after June 1, 2008 (the |
11 | | effective date of Public Act 95-625) or subdivision |
12 | | (a)(2)(vii) when the offense is committed on or after July |
13 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) |
14 | | aggravated driving under the influence of alcohol, other |
15 | | drug or drugs, or
intoxicating compound or compounds, or |
16 | | any combination thereof as defined in
subparagraph (F) of |
17 | | paragraph (1) of subsection (d) of Section 11-501 of the
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18 | | Illinois Vehicle Code, (iii) one of the offenses enumerated |
19 | | in subdivision
(a)(2.4) when the offense is committed on or |
20 | | after
July 15, 1999 (the effective date of Public Act |
21 | | 91-121),
(iv) aggravated arson when the offense is |
22 | | committed
on or after July 27, 2001 (the effective date of |
23 | | Public Act 92-176), (v) offenses that may subject the |
24 | | offender to commitment under the Sexually Violent Persons |
25 | | Commitment Act, or (vi) aggravated driving under the |
26 | | influence of alcohol,
other drug or drugs, or intoxicating |
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1 | | compound or compounds or any combination
thereof as defined |
2 | | in subparagraph (C) of paragraph (1) of subsection (d) of
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3 | | Section 11-501 of the Illinois Vehicle Code committed on or |
4 | | after January 1, 2011 (the effective date of Public Act |
5 | | 96-1230).
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6 | | Eligible inmates for an award of sentence credit under
this |
7 | | paragraph (3) may be selected to receive the credit at
the |
8 | | Director's or his or her designee's sole discretion.
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9 | | Consideration may be based on, but not limited to, any
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10 | | available risk assessment analysis on the inmate, any history |
11 | | of conviction for violent crimes as defined by the Rights of |
12 | | Crime Victims and Witnesses Act, facts and circumstances of the |
13 | | inmate's holding offense or offenses, and the potential for |
14 | | rehabilitation. |
15 | | The Director shall not award sentence credit under this |
16 | | paragraph (3) to an inmate unless the inmate has served a |
17 | | minimum of 60 days of the sentence; except nothing in this |
18 | | paragraph shall be construed to permit the Director to extend |
19 | | an inmate's sentence beyond that which was imposed by the |
20 | | court. Prior to awarding credit under this paragraph (3), the |
21 | | Director shall make a written determination that the inmate: |
22 | | (A) is eligible for the sentence credit; |
23 | | (B) has served a minimum of 60 days, or as close to |
24 | | 60 days as the sentence will allow; and |
25 | | (C) has met the eligibility criteria established |
26 | | by rule. |
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1 | | The Director shall determine the form and content of |
2 | | the written determination required in this subsection. |
3 | | (3.5) The Department shall provide annual written |
4 | | reports to the Governor and the General Assembly on the |
5 | | award of sentence credit for good conduct, with the first |
6 | | report due January 1, 2014. The Department must publish |
7 | | both reports on its website within 48 hours of transmitting |
8 | | the reports to the Governor and the General Assembly. The |
9 | | reports must include: |
10 | | (A) the number of inmates awarded sentence credit |
11 | | for good conduct; |
12 | | (B) the average amount of sentence credit for good |
13 | | conduct awarded; |
14 | | (C) the holding offenses of inmates awarded |
15 | | sentence credit for good conduct; and |
16 | | (D) the number of sentence credit for good conduct |
17 | | revocations.
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18 | | (4) The rules and regulations shall also provide that |
19 | | the sentence
credit accumulated and retained under |
20 | | paragraph (2.1) of subsection (a) of
this Section by any |
21 | | inmate during specific periods of time in which such
inmate |
22 | | is engaged full-time in substance abuse programs, |
23 | | correctional
industry assignments, educational programs, |
24 | | behavior modification programs, life skills courses, or |
25 | | re-entry planning provided by the Department
under this |
26 | | paragraph (4) and satisfactorily completes the assigned |
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1 | | program as
determined by the standards of the Department, |
2 | | shall be multiplied by a factor
of 1.25 for program |
3 | | participation before August 11, 1993
and 1.50 for program |
4 | | participation on or after that date.
The rules and |
5 | | regulations shall also provide that sentence credit, |
6 | | subject to the same offense limits and multiplier provided |
7 | | in this paragraph, may be provided to an inmate who was |
8 | | held in pre-trial detention prior to his or her current |
9 | | commitment to the Department of Corrections and |
10 | | successfully completed a full-time, 60-day or longer |
11 | | substance abuse program, educational program, behavior |
12 | | modification program, life skills course, or re-entry |
13 | | planning provided by the county department of corrections |
14 | | or county jail. Calculation of this county program credit |
15 | | shall be done at sentencing as provided in Section |
16 | | 5-4.5-100 of this Code and shall be included in the |
17 | | sentencing order. However, no inmate shall be eligible for |
18 | | the additional sentence credit
under this paragraph (4) or |
19 | | (4.1) of this subsection (a) while assigned to a boot camp
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20 | | or electronic detention, or if convicted of an offense |
21 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this |
22 | | Section that is committed on or after June 19,
1998 or |
23 | | subdivision (a)(2)(iv) of this Section that is committed on |
24 | | or after June 23, 2005 (the effective date of Public Act |
25 | | 94-71) or subdivision (a)(2)(v) of this Section that is |
26 | | committed on or after August 13, 2007 (the effective date |
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1 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the |
2 | | offense is committed on or after June 1, 2008 (the |
3 | | effective date of Public Act 95-625) or subdivision |
4 | | (a)(2)(vii) when the offense is committed on or after July |
5 | | 23, 2010 (the effective date of Public Act 96-1224), or if |
6 | | convicted of aggravated driving under the influence of |
7 | | alcohol, other drug or drugs, or
intoxicating compound or |
8 | | compounds or any combination thereof as defined in
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9 | | subparagraph (F) of paragraph (1) of subsection (d) of |
10 | | Section 11-501 of the
Illinois Vehicle Code, or if |
11 | | convicted of aggravated driving under the influence of |
12 | | alcohol,
other drug or drugs, or intoxicating compound or |
13 | | compounds or any combination
thereof as defined in |
14 | | subparagraph (C) of paragraph (1) of subsection (d) of
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15 | | Section 11-501 of the Illinois Vehicle Code committed on or |
16 | | after January 1, 2011 (the effective date of Public Act |
17 | | 96-1230), or if convicted of an offense enumerated in |
18 | | paragraph
(a)(2.4) of this Section that is committed on or |
19 | | after
July 15, 1999 (the effective date of Public Act |
20 | | 91-121),
or first degree murder, a Class X felony, criminal |
21 | | sexual
assault, felony criminal sexual abuse, aggravated |
22 | | criminal sexual abuse,
aggravated battery with a firearm as |
23 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
24 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or |
25 | | successor offenses
with the same or substantially the same |
26 | | elements, or any inchoate offenses
relating to the |
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1 | | foregoing offenses. No inmate shall be eligible for the
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2 | | additional good conduct credit under this paragraph (4) who |
3 | | (i) has previously
received increased good conduct credit |
4 | | under this paragraph (4) and has
subsequently been |
5 | | convicted of a
felony, or (ii) has previously served more |
6 | | than one prior sentence of
imprisonment for a felony in an |
7 | | adult correctional facility.
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8 | | Educational, vocational, substance abuse, behavior |
9 | | modification programs, life skills courses, re-entry |
10 | | planning, and correctional
industry programs under which |
11 | | sentence credit may be increased under
this paragraph (4) |
12 | | and paragraph (4.1) of this subsection (a) shall be |
13 | | evaluated by the Department on the basis of
documented |
14 | | standards. The Department shall report the results of these
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15 | | evaluations to the Governor and the General Assembly by |
16 | | September 30th of each
year. The reports shall include data |
17 | | relating to the recidivism rate among
program |
18 | | participants.
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19 | | Availability of these programs shall be subject to the
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20 | | limits of fiscal resources appropriated by the General |
21 | | Assembly for these
purposes. Eligible inmates who are |
22 | | denied immediate admission shall be
placed on a waiting |
23 | | list under criteria established by the Department.
The |
24 | | inability of any inmate to become engaged in any such |
25 | | programs
by reason of insufficient program resources or for |
26 | | any other reason
established under the rules and |
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1 | | regulations of the Department shall not be
deemed a cause |
2 | | of action under which the Department or any employee or
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3 | | agent of the Department shall be liable for damages to the |
4 | | inmate.
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5 | | (4.1) The rules and regulations shall also provide that |
6 | | an additional 60 days of sentence credit shall be awarded |
7 | | to any prisoner who passes the high school level Test of |
8 | | General Educational Development (GED) while the prisoner |
9 | | is committed to the Department of Corrections. The sentence |
10 | | credit awarded under this paragraph (4.1) shall be in |
11 | | addition to, and shall not affect, the award of sentence |
12 | | credit under any other paragraph of this Section, but shall |
13 | | also be pursuant to the guidelines and restrictions set |
14 | | forth in paragraph (4) of subsection (a) of this Section.
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15 | | The sentence credit provided for in this paragraph shall be |
16 | | available only to those prisoners who have not previously |
17 | | earned a high school diploma or a GED. If, after an award |
18 | | of the GED sentence credit has been made and the Department |
19 | | determines that the prisoner was not eligible, then the |
20 | | award shall be revoked.
The Department may also award 60 |
21 | | days of sentence credit to any committed person who passed |
22 | | the high school level Test of General Educational |
23 | | Development (GED) while he or she was held in pre-trial |
24 | | detention prior to the current commitment to the Department |
25 | | of Corrections.
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26 | | (4.5) The rules and regulations on sentence credit |
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1 | | shall also provide that
when the court's sentencing order |
2 | | recommends a prisoner for substance abuse treatment and the
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3 | | crime was committed on or after September 1, 2003 (the |
4 | | effective date of
Public Act 93-354), the prisoner shall |
5 | | receive no sentence credit awarded under clause (3) of this |
6 | | subsection (a) unless he or she participates in and
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7 | | completes a substance abuse treatment program. The |
8 | | Director may waive the requirement to participate in or |
9 | | complete a substance abuse treatment program and award the |
10 | | sentence credit in specific instances if the prisoner is |
11 | | not a good candidate for a substance abuse treatment |
12 | | program for medical, programming, or operational reasons. |
13 | | Availability of
substance abuse treatment shall be subject |
14 | | to the limits of fiscal resources
appropriated by the |
15 | | General Assembly for these purposes. If treatment is not
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16 | | available and the requirement to participate and complete |
17 | | the treatment has not been waived by the Director, the |
18 | | prisoner shall be placed on a waiting list under criteria
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19 | | established by the Department. The Director may allow a |
20 | | prisoner placed on
a waiting list to participate in and |
21 | | complete a substance abuse education class or attend |
22 | | substance
abuse self-help meetings in lieu of a substance |
23 | | abuse treatment program. A prisoner on a waiting list who |
24 | | is not placed in a substance abuse program prior to release |
25 | | may be eligible for a waiver and receive sentence credit |
26 | | under clause (3) of this subsection (a) at the discretion |
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1 | | of the Director.
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2 | | (4.6) The rules and regulations on sentence credit |
3 | | shall also provide that a prisoner who has been convicted |
4 | | of a sex offense as defined in Section 2 of the Sex |
5 | | Offender Registration Act shall receive no sentence credit |
6 | | unless he or she either has successfully completed or is |
7 | | participating in sex offender treatment as defined by the |
8 | | Sex Offender Management Board. However, prisoners who are |
9 | | waiting to receive treatment, but who are unable to do so |
10 | | due solely to the lack of resources on the part of the |
11 | | Department, may, at the Director's sole discretion, be |
12 | | awarded sentence credit at a rate as the Director shall |
13 | | determine.
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14 | | (5) Whenever the Department is to release any inmate |
15 | | earlier than it
otherwise would because of a grant of |
16 | | sentence credit for good conduct under paragraph (3) of |
17 | | subsection (a) of this Section given at any time during the |
18 | | term, the Department shall give
reasonable notice of the |
19 | | impending release not less than 14 days prior to the date |
20 | | of the release to the State's
Attorney of the county where |
21 | | the prosecution of the inmate took place, and if |
22 | | applicable, the State's Attorney of the county into which |
23 | | the inmate will be released. The Department shall |
24 | | immediately upon release of an inmate earlier than it
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25 | | otherwise would because of a grant of sentence credit for |
26 | | good conduct under paragraph (3) of subsection (a) of this |
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1 | | Section email the police department of the municipality |
2 | | into which the inmate is released that the inmate has been |
3 | | released into that municipality, or if the inmate is |
4 | | released into an unincorporated area or an area that does |
5 | | not have a police department, the Department shall email |
6 | | the county sheriff of the county in which the |
7 | | unincorporated area or municipality without a police |
8 | | department is located that the inmate has been released |
9 | | into an unincorporated area or an area that does not have a |
10 | | police department that is located in that county. The |
11 | | Department must also make identification information and a |
12 | | recent photo of the inmate being released accessible on the |
13 | | Internet by means of a hyperlink labeled "Community |
14 | | Notification of Inmate Early Release" on the Department's |
15 | | World Wide Web homepage.
The identification information |
16 | | shall include the inmate's: name, any known alias, date of |
17 | | birth, physical characteristics, residence address, |
18 | | commitment offense and county where conviction was |
19 | | imposed. The identification information shall be placed on |
20 | | the website within 3 days of the inmate's release and the |
21 | | information may not be removed until either: completion of |
22 | | the first year of mandatory supervised release or return of |
23 | | the inmate to custody of the Department.
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24 | | (b) Whenever a person is or has been committed under
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25 | | several convictions, with separate sentences, the sentences
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26 | | shall be construed under Section 5-8-4 in granting and
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1 | | forfeiting of sentence credit.
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2 | | (c) The Department shall prescribe rules and regulations
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3 | | for revoking sentence credit, including revoking sentence |
4 | | credit awarded for good conduct under paragraph (3) of |
5 | | subsection (a) of this Section. The Department shall prescribe |
6 | | rules and regulations for suspending or reducing
the rate of |
7 | | accumulation of sentence credit for specific
rule violations, |
8 | | during imprisonment. These rules and regulations
shall provide |
9 | | that no inmate may be penalized more than one
year of sentence |
10 | | credit for any one infraction.
|
11 | | When the Department seeks to revoke, suspend or reduce
the |
12 | | rate of accumulation of any sentence credits for
an alleged |
13 | | infraction of its rules, it shall bring charges
therefor |
14 | | against the prisoner sought to be so deprived of
sentence |
15 | | credits before the Prisoner Review Board as
provided in |
16 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
17 | | amount of credit at issue exceeds 30 days or
when during any 12 |
18 | | month period, the cumulative amount of
credit revoked exceeds |
19 | | 30 days except where the infraction is committed
or discovered |
20 | | within 60 days of scheduled release. In those cases,
the |
21 | | Department of Corrections may revoke up to 30 days of sentence |
22 | | credit.
The Board may subsequently approve the revocation of |
23 | | additional sentence credit, if the Department seeks to revoke |
24 | | sentence credit in
excess of 30 days. However, the Board shall |
25 | | not be empowered to review the
Department's decision with |
26 | | respect to the loss of 30 days of sentence
credit within any |
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1 | | calendar year for any prisoner or to increase any penalty
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2 | | beyond the length requested by the Department.
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3 | | The Director of the Department of Corrections, in |
4 | | appropriate cases, may
restore up to 30 days of sentence |
5 | | credits which have been revoked, suspended
or reduced. Any |
6 | | restoration of sentence credits in excess of 30 days shall
be |
7 | | subject to review by the Prisoner Review Board. However, the |
8 | | Board may not
restore sentence credit in excess of the amount |
9 | | requested by the Director.
|
10 | | Nothing contained in this Section shall prohibit the |
11 | | Prisoner Review Board
from ordering, pursuant to Section |
12 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
13 | | sentence imposed by the court that was not served due to the
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14 | | accumulation of sentence credit.
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15 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
16 | | federal court
against the State, the Department of Corrections, |
17 | | or the Prisoner Review Board,
or against any of
their officers |
18 | | or employees, and the court makes a specific finding that a
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19 | | pleading, motion, or other paper filed by the prisoner is |
20 | | frivolous, the
Department of Corrections shall conduct a |
21 | | hearing to revoke up to
180 days of sentence credit by bringing |
22 | | charges against the prisoner
sought to be deprived of the |
23 | | sentence credits before the Prisoner Review
Board as provided |
24 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
25 | | prisoner has not accumulated 180 days of sentence credit at the
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26 | | time of the finding, then the Prisoner Review Board may revoke |
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1 | | all
sentence credit accumulated by the prisoner.
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2 | | For purposes of this subsection (d):
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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:
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7 | | (A) it lacks an arguable basis either in law or in |
8 | | fact;
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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,
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15 | | modification, or reversal of existing law or the |
16 | | establishment of new law;
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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.
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26 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
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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.
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11 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
12 | | validity of Public Act 89-404.
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13 | | (f) Whenever the Department is to release any inmate who |
14 | | has been convicted of a violation of an order of protection |
15 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
16 | | the Criminal Code of 2012, earlier than it
otherwise would |
17 | | because of a grant of sentence credit, the Department, as a |
18 | | condition of release, shall require that the person, upon |
19 | | release, be placed under electronic surveillance as provided in |
20 | | Section 5-8A-7 of this Code. |
21 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; |
22 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. |
23 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, |
24 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; |
25 | | 97-1150, eff. 1-25-13.)
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