102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3188

 

Introduced 1/13/2022, by Sen. Rachelle Crowe

 

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

    Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for second degree murder committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.


LRB102 23706 RLC 32892 b

 

 

A BILL FOR

 

SB3188LRB102 23706 RLC 32892 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded 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 the
18    Department; or
19        (C) service to the institution, service to a
20    community, or service to the State.
21    (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),

 

 

SB3188- 2 -LRB102 23706 RLC 32892 b

1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990) or with respect to the offense of second
17degree murder committed on or after the effective date of this
18amendatory Act of the 102nd General Assembly, the following:
19        (i) that a prisoner who is serving a term of
20    imprisonment for first degree murder or for the offense of
21    terrorism shall receive no sentence credit and shall serve
22    the entire sentence imposed by the court;
23        (ii) that a prisoner serving a sentence for second
24    degree murder, attempt to commit terrorism, attempt to
25    commit first degree murder, solicitation of murder,
26    solicitation of murder for hire, intentional homicide of

 

 

SB3188- 3 -LRB102 23706 RLC 32892 b

1    an unborn child, predatory criminal sexual assault of a
2    child, aggravated criminal sexual assault, criminal sexual
3    assault, aggravated kidnapping, aggravated battery with a
4    firearm as described in Section 12-4.2 or subdivision
5    (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05,
6    heinous battery as described in Section 12-4.1 or
7    subdivision (a)(2) of Section 12-3.05, being an armed
8    habitual criminal, aggravated battery of a senior citizen
9    as described in Section 12-4.6 or subdivision (a)(4) of
10    Section 12-3.05, or aggravated battery of a child as
11    described in Section 12-4.3 or subdivision (b)(1) of
12    Section 12-3.05 shall receive no more than 4.5 days of
13    sentence credit for each month of his or her sentence of
14    imprisonment;
15        (iii) that a prisoner serving a sentence for home
16    invasion, armed robbery, aggravated vehicular hijacking,
17    aggravated discharge of a firearm, or armed violence with
18    a category I weapon or category II weapon, when the court
19    has made and entered a finding, pursuant to subsection
20    (c-1) of Section 5-4-1 of this Code, that the conduct
21    leading to conviction for the enumerated offense resulted
22    in great bodily harm to a victim, shall receive no more
23    than 4.5 days of sentence credit for each month of his or
24    her sentence of imprisonment;
25        (iv) that a prisoner serving a sentence for aggravated
26    discharge of a firearm, whether or not the conduct leading

 

 

SB3188- 4 -LRB102 23706 RLC 32892 b

1    to conviction for the offense resulted in great bodily
2    harm to the victim, shall receive no more than 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment;
5        (v) that a person serving a sentence for gunrunning,
6    narcotics racketeering, controlled substance trafficking,
7    methamphetamine trafficking, drug-induced homicide,
8    aggravated methamphetamine-related child endangerment,
9    money laundering pursuant to clause (c) (4) or (5) of
10    Section 29B-1 of the Criminal Code of 1961 or the Criminal
11    Code of 2012, or a Class X felony conviction for delivery
12    of 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 with
21    intent to deliver methamphetamine, methamphetamine
22    conspiracy when the substance containing the controlled
23    substance or methamphetamine is 100 grams or more shall
24    receive no more than 7.5 days sentence credit for each
25    month of his or her sentence of imprisonment;
26        (vi) that a prisoner serving a sentence for a second

 

 

SB3188- 5 -LRB102 23706 RLC 32892 b

1    or subsequent offense of luring a minor shall receive no
2    more than 4.5 days of sentence credit for each month of his
3    or her sentence of imprisonment; and
4        (vii) that a prisoner serving a sentence for
5    aggravated domestic battery shall receive no more than 4.5
6    days of sentence credit for each month of his or her
7    sentence of imprisonment.
8    (2.1) For all offenses, other than those enumerated in
9subdivision (a)(2)(i), (ii), or (iii) committed on or after
10June 19, 1998 or subdivision (a)(2)(iv) committed on or after
11June 23, 2005 (the effective date of Public Act 94-71) or
12subdivision (a)(2)(v) committed on or after August 13, 2007
13(the effective date of Public Act 95-134) or subdivision
14(a)(2)(vi) committed on or after June 1, 2008 (the effective
15date of Public Act 95-625) or subdivision (a)(2)(vii)
16committed on or after July 23, 2010 (the effective date of
17Public Act 96-1224), and other than the offense of aggravated
18driving under the influence of alcohol, other drug or drugs,
19or intoxicating compound or compounds, or any combination
20thereof as defined in subparagraph (F) of paragraph (1) of
21subsection (d) of Section 11-501 of the Illinois Vehicle Code,
22and other than the offense of aggravated driving under the
23influence of alcohol, other drug or drugs, or intoxicating
24compound or compounds, or any combination thereof as defined
25in subparagraph (C) of paragraph (1) of subsection (d) of
26Section 11-501 of the Illinois Vehicle Code committed on or

 

 

SB3188- 6 -LRB102 23706 RLC 32892 b

1after January 1, 2011 (the effective date of Public Act
296-1230), the rules and regulations shall provide that a
3prisoner who is serving a term of imprisonment shall receive
4one day of sentence credit for each day of his or her sentence
5of imprisonment or recommitment under Section 3-3-9. Each day
6of sentence credit shall reduce by one day the prisoner's
7period of imprisonment or recommitment under Section 3-3-9.
8    (2.2) A prisoner serving a term of natural life
9imprisonment or a prisoner who has been sentenced to death
10shall receive no sentence credit.
11    (2.3) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds, or any
16combination thereof as defined in subparagraph (F) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code, shall receive no more than 4.5 days of
19sentence credit for each month of his or her sentence of
20imprisonment.
21    (2.4) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide with respect to the offenses of aggravated
24battery with a machine gun or a firearm equipped with any
25device or attachment designed or used for silencing the report
26of a firearm or aggravated discharge of a machine gun or a

 

 

SB3188- 7 -LRB102 23706 RLC 32892 b

1firearm equipped with any device or attachment designed or
2used for silencing the report of a firearm, committed on or
3after July 15, 1999 (the effective date of Public Act 91-121),
4that a prisoner serving a sentence for any of these offenses
5shall receive no more than 4.5 days of sentence credit for each
6month of his or her sentence of imprisonment.
7    (2.5) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide that a prisoner who is serving a sentence for
10aggravated arson committed on or after July 27, 2001 (the
11effective date of Public Act 92-176) shall receive no more
12than 4.5 days of sentence credit for each month of his or her
13sentence of imprisonment.
14    (2.6) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide that a prisoner who is serving a sentence for
17aggravated driving under the influence of alcohol, other drug
18or drugs, or intoxicating compound or compounds or any
19combination thereof as defined in subparagraph (C) of
20paragraph (1) of subsection (d) of Section 11-501 of the
21Illinois Vehicle Code committed on or after January 1, 2011
22(the effective date of Public Act 96-1230) shall receive no
23more than 4.5 days of sentence credit for each month of his or
24her sentence of imprisonment.
25    (3) In addition to the sentence credits earned under
26paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

 

 

SB3188- 8 -LRB102 23706 RLC 32892 b

1subsection (a), the rules and regulations shall also provide
2that the Director may award up to 180 days of earned sentence
3credit for prisoners serving a sentence of incarceration of
4less than 5 years, and up to 365 days of earned sentence credit
5for prisoners serving a sentence of 5 years or longer. The
6Director may grant this credit for good conduct in specific
7instances as the Director deems proper. The good conduct may
8include, but is not limited to, compliance with the rules and
9regulations of the Department, service to the Department,
10service to a community, or service to the State.
11    Eligible inmates for an award of earned sentence credit
12under this paragraph (3) may be selected to receive the credit
13at the Director's or his or her designee's sole discretion.
14Eligibility for the additional earned sentence credit under
15this paragraph (3) may be based on, but is not limited to,
16participation in programming offered by the Department as
17appropriate for the prisoner based on the results of any
18available risk/needs assessment or other relevant assessments
19or evaluations administered by the Department using a
20validated instrument, the circumstances of the crime,
21demonstrated commitment to rehabilitation by a prisoner with a
22history of conviction for a forcible felony enumerated in
23Section 2-8 of the Criminal Code of 2012, the inmate's
24behavior and improvements in disciplinary history while
25incarcerated, and the inmate's commitment to rehabilitation,
26including participation in programming offered by the

 

 

SB3188- 9 -LRB102 23706 RLC 32892 b

1Department.
2    The Director shall not award sentence credit under this
3paragraph (3) to an inmate unless the inmate has served a
4minimum of 60 days of the sentence; except nothing in this
5paragraph shall be construed to permit the Director to extend
6an inmate's sentence beyond that which was imposed by the
7court. Prior to awarding credit under this paragraph (3), the
8Director shall make a written determination that the inmate:
9        (A) is eligible for the earned sentence credit;
10        (B) has served a minimum of 60 days, or as close to 60
11    days as the sentence will allow;
12        (B-1) has received a risk/needs assessment or other
13    relevant evaluation or assessment administered by the
14    Department using a validated instrument; and
15        (C) has met the eligibility criteria established by
16    rule for earned sentence credit.
17    The Director shall determine the form and content of the
18written determination required in this subsection.
19    (3.5) The Department shall provide annual written reports
20to the Governor and the General Assembly on the award of earned
21sentence credit no later than February 1 of each year. The
22Department must publish both reports on its website within 48
23hours of transmitting the reports to the Governor and the
24General Assembly. The reports must include:
25        (A) the number of inmates awarded earned sentence
26    credit;

 

 

SB3188- 10 -LRB102 23706 RLC 32892 b

1        (B) the average amount of earned sentence credit
2    awarded;
3        (C) the holding offenses of inmates awarded earned
4    sentence credit; and
5        (D) the number of earned sentence credit revocations.
6    (4)(A) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that any prisoner who is engaged full-time in substance abuse
9programs, correctional industry assignments, educational
10programs, work-release programs or activities in accordance
11with Article 13 of Chapter III of this Code, behavior
12modification programs, life skills courses, or re-entry
13planning provided by the Department under this paragraph (4)
14and satisfactorily completes the assigned program as
15determined by the standards of the Department, shall receive
16one day of sentence credit for each day in which that prisoner
17is engaged in the activities described in this paragraph. The
18rules and regulations shall also provide that sentence credit
19may be provided to an inmate who was held in pre-trial
20detention prior to his or her current commitment to the
21Department of Corrections and successfully completed a
22full-time, 60-day or longer substance abuse program,
23educational program, behavior modification program, life
24skills course, or re-entry planning provided by the county
25department of corrections or county jail. Calculation of this
26county program credit shall be done at sentencing as provided

 

 

SB3188- 11 -LRB102 23706 RLC 32892 b

1in Section 5-4.5-100 of this Code and shall be included in the
2sentencing order. The rules and regulations shall also provide
3that sentence credit may be provided to an inmate who is in
4compliance with programming requirements in an adult
5transition center.
6    (B) The Department shall award sentence credit under this
7paragraph (4) accumulated prior to January 1, 2020 (the
8effective date of Public Act 101-440) in an amount specified
9in subparagraph (C) of this paragraph (4) to an inmate serving
10a sentence for an offense committed prior to June 19, 1998, if
11the Department determines that the inmate is entitled to this
12sentence credit, based upon:
13        (i) documentation provided by the Department that the
14    inmate engaged in any full-time substance abuse programs,
15    correctional industry assignments, educational programs,
16    behavior modification programs, life skills courses, or
17    re-entry planning provided by the Department under this
18    paragraph (4) and satisfactorily completed the assigned
19    program as determined by the standards of the Department
20    during the inmate's current term of incarceration; or
21        (ii) the inmate's own testimony in the form of an
22    affidavit or documentation, or a third party's
23    documentation or testimony in the form of an affidavit
24    that the inmate likely engaged in any full-time substance
25    abuse programs, correctional industry assignments,
26    educational programs, behavior modification programs, life

 

 

SB3188- 12 -LRB102 23706 RLC 32892 b

1    skills courses, or re-entry planning provided by the
2    Department under paragraph (4) and satisfactorily
3    completed the assigned program as determined by the
4    standards of the Department during the inmate's current
5    term of incarceration.
6    (C) If the inmate can provide documentation that he or she
7is entitled to sentence credit under subparagraph (B) in
8excess of 45 days of participation in those programs, the
9inmate shall receive 90 days of sentence credit. If the inmate
10cannot provide documentation of more than 45 days of
11participation in those programs, the inmate shall receive 45
12days of sentence credit. In the event of a disagreement
13between the Department and the inmate as to the amount of
14credit accumulated under subparagraph (B), if the Department
15provides documented proof of a lesser amount of days of
16participation in those programs, that proof shall control. If
17the Department provides no documentary proof, the inmate's
18proof as set forth in clause (ii) of subparagraph (B) shall
19control as to the amount of sentence credit provided.
20    (D) If the inmate has been convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act,
22sentencing credits under subparagraph (B) of this paragraph
23(4) shall be awarded by the Department only if the conditions
24set forth in paragraph (4.6) of subsection (a) are satisfied.
25No inmate serving a term of natural life imprisonment shall
26receive sentence credit under subparagraph (B) of this

 

 

SB3188- 13 -LRB102 23706 RLC 32892 b

1paragraph (4).
2    Educational, vocational, substance abuse, behavior
3modification programs, life skills courses, re-entry planning,
4and correctional industry programs under which sentence credit
5may be earned under this paragraph (4) and paragraph (4.1) of
6this subsection (a) shall be evaluated by the Department on
7the basis of documented standards. The Department shall report
8the results of these evaluations to the Governor and the
9General Assembly by September 30th of each year. The reports
10shall include data relating to the recidivism rate among
11program participants.
12    Availability of these programs shall be subject to the
13limits of fiscal resources appropriated by the General
14Assembly for these purposes. Eligible inmates who are denied
15immediate admission shall be placed on a waiting list under
16criteria established by the Department. The rules and
17regulations shall provide that a prisoner who has been placed
18on a waiting list but is transferred for non-disciplinary
19reasons before beginning a program shall receive priority
20placement on the waitlist for appropriate programs at the new
21facility. The inability of any inmate to become engaged in any
22such programs by reason of insufficient program resources or
23for any other reason established under the rules and
24regulations of the Department shall not be deemed a cause of
25action under which the Department or any employee or agent of
26the Department shall be liable for damages to the inmate. The

 

 

SB3188- 14 -LRB102 23706 RLC 32892 b

1rules and regulations shall provide that a prisoner who begins
2an educational, vocational, substance abuse, work-release
3programs or activities in accordance with Article 13 of
4Chapter III of this Code, behavior modification program, life
5skills course, re-entry planning, or correctional industry
6programs but is unable to complete the program due to illness,
7disability, transfer, lockdown, or another reason outside of
8the prisoner's control shall receive prorated sentence credits
9for the days in which the prisoner did participate.
10    (4.1) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations shall also provide
12that an additional 90 days of sentence credit shall be awarded
13to any prisoner who passes high school equivalency testing
14while the prisoner is committed to the Department of
15Corrections. The sentence credit awarded under this paragraph
16(4.1) shall be in addition to, and shall not affect, the award
17of sentence credit under any other paragraph of this Section,
18but shall also be pursuant to the guidelines and restrictions
19set forth in paragraph (4) of subsection (a) of this Section.
20The sentence credit provided for in this paragraph shall be
21available only to those prisoners who have not previously
22earned a high school diploma or a high school equivalency
23certificate. If, after an award of the high school equivalency
24testing sentence credit has been made, the Department
25determines that the prisoner was not eligible, then the award
26shall be revoked. The Department may also award 90 days of

 

 

SB3188- 15 -LRB102 23706 RLC 32892 b

1sentence credit to any committed person who passed high school
2equivalency testing while he or she was held in pre-trial
3detention prior to the current commitment to the Department of
4Corrections. Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations shall provide that
6an additional 120 days of sentence credit shall be awarded to
7any prisoner who obtains an associate degree while the
8prisoner is committed to the Department of Corrections,
9regardless of the date that the associate degree was obtained,
10including if prior to July 1, 2021 (the effective date of
11Public Act 101-652). The sentence credit awarded under this
12paragraph (4.1) shall be in addition to, and shall not affect,
13the award of sentence credit under any other paragraph of this
14Section, but shall also be under the guidelines and
15restrictions set forth in paragraph (4) of subsection (a) of
16this Section. The sentence credit provided for in this
17paragraph (4.1) shall be available only to those prisoners who
18have not previously earned an associate degree prior to the
19current commitment to the Department of Corrections. If, after
20an award of the associate degree sentence credit has been made
21and the Department determines that the prisoner was not
22eligible, then the award shall be revoked. The Department may
23also award 120 days of sentence credit to any committed person
24who earned an associate degree while he or she was held in
25pre-trial detention prior to the current commitment to the
26Department of Corrections.

 

 

SB3188- 16 -LRB102 23706 RLC 32892 b

1    Except as provided in paragraph (4.7) of this subsection
2(a), the rules and regulations shall provide that an
3additional 180 days of sentence credit shall be awarded to any
4prisoner who obtains a bachelor's degree while the prisoner is
5committed to the Department of Corrections. The sentence
6credit awarded under this paragraph (4.1) shall be in addition
7to, and shall not affect, the award of sentence credit under
8any other paragraph of this Section, but shall also be under
9the guidelines and restrictions set forth in paragraph (4) of
10this subsection (a). The sentence credit provided for in this
11paragraph shall be available only to those prisoners who have
12not earned a bachelor's degree prior to the current commitment
13to the Department of Corrections. If, after an award of the
14bachelor's degree sentence credit has been made, the
15Department determines that the prisoner was not eligible, then
16the award shall be revoked. The Department may also award 180
17days of sentence credit to any committed person who earned a
18bachelor's degree while he or she was held in pre-trial
19detention prior to the current commitment to the Department of
20Corrections.
21    Except as provided in paragraph (4.7) of this subsection
22(a), the rules and regulations shall provide that an
23additional 180 days of sentence credit shall be awarded to any
24prisoner who obtains a master's or professional degree while
25the prisoner is committed to the Department of Corrections.
26The sentence credit awarded under this paragraph (4.1) shall

 

 

SB3188- 17 -LRB102 23706 RLC 32892 b

1be in addition to, and shall not affect, the award of sentence
2credit under any other paragraph of this Section, but shall
3also be under the guidelines and restrictions set forth in
4paragraph (4) of this subsection (a). The sentence credit
5provided for in this paragraph shall be available only to
6those prisoners who have not previously earned a master's or
7professional degree prior to the current commitment to the
8Department of Corrections. If, after an award of the master's
9or professional degree sentence credit has been made, the
10Department determines that the prisoner was not eligible, then
11the award shall be revoked. The Department may also award 180
12days of sentence credit to any committed person who earned a
13master's or professional degree while he or she was held in
14pre-trial detention prior to the current commitment to the
15Department of Corrections.
16    (4.2) The rules and regulations shall also provide that
17any prisoner engaged in self-improvement programs, volunteer
18work, or work assignments that are not otherwise eligible
19activities under paragraph (4), shall receive up to 0.5 days
20of sentence credit for each day in which the prisoner is
21engaged in activities described in this paragraph.
22    (4.5) The rules and regulations on sentence credit shall
23also provide that when the court's sentencing order recommends
24a prisoner for substance abuse treatment and the crime was
25committed on or after September 1, 2003 (the effective date of
26Public Act 93-354), the prisoner shall receive no sentence

 

 

SB3188- 18 -LRB102 23706 RLC 32892 b

1credit awarded under clause (3) of this subsection (a) unless
2he or she participates in and completes a substance abuse
3treatment program. The Director may waive the requirement to
4participate in or complete a substance abuse treatment program
5in specific instances if the prisoner is not a good candidate
6for a substance abuse treatment program for medical,
7programming, or operational reasons. Availability of substance
8abuse treatment shall be subject to the limits of fiscal
9resources appropriated by the General Assembly for these
10purposes. If treatment is not available and the requirement to
11participate and complete the treatment has not been waived by
12the Director, the prisoner shall be placed on a waiting list
13under criteria established by the Department. The Director may
14allow a prisoner placed on a waiting list to participate in and
15complete a substance abuse education class or attend substance
16abuse self-help meetings in lieu of a substance abuse
17treatment program. A prisoner on a waiting list who is not
18placed in a substance abuse program prior to release may be
19eligible for a waiver and receive sentence credit under clause
20(3) of this subsection (a) at the discretion of the Director.
21    (4.6) The rules and regulations on sentence credit shall
22also provide that a prisoner who has been convicted of a sex
23offense as defined in Section 2 of the Sex Offender
24Registration Act shall receive no sentence credit unless he or
25she either has successfully completed or is participating in
26sex offender treatment as defined by the Sex Offender

 

 

SB3188- 19 -LRB102 23706 RLC 32892 b

1Management Board. However, prisoners who are waiting to
2receive treatment, but who are unable to do so due solely to
3the lack of resources on the part of the Department, may, at
4the Director's sole discretion, be awarded sentence credit at
5a rate as the Director shall determine.
6    (4.7) On or after January 1, 2018 (the effective date of
7Public Act 100-3), sentence credit under paragraph (3), (4),
8or (4.1) of this subsection (a) may be awarded to a prisoner
9who is serving a sentence for an offense described in
10paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
11on or after January 1, 2018 (the effective date of Public Act
12100-3); provided, the award of the credits under this
13paragraph (4.7) shall not reduce the sentence of the prisoner
14to less than the following amounts:
15        (i) 85% of his or her sentence if the prisoner is
16    required to serve 85% of his or her sentence; or
17        (ii) 60% of his or her sentence if the prisoner is
18    required to serve 75% of his or her sentence, except if the
19    prisoner is serving a sentence for gunrunning his or her
20    sentence shall not be reduced to less than 75%.
21        (iii) 100% of his or her sentence if the prisoner is
22    required to serve 100% of his or her sentence.
23    (5) Whenever the Department is to release any inmate
24earlier than it otherwise would because of a grant of earned
25sentence credit under paragraph (3) of subsection (a) of this
26Section given at any time during the term, the Department

 

 

SB3188- 20 -LRB102 23706 RLC 32892 b

1shall give reasonable notice of the impending release not less
2than 14 days prior to the date of the release to the State's
3Attorney of the county where the prosecution of the inmate
4took place, and if applicable, the State's Attorney of the
5county into which the inmate will be released. The Department
6must also make identification information and a recent photo
7of the inmate being released accessible on the Internet by
8means of a hyperlink labeled "Community Notification of Inmate
9Early Release" on the Department's World Wide Web homepage.
10The identification information shall include the inmate's:
11name, any known alias, date of birth, physical
12characteristics, commitment offense, and county where
13conviction was imposed. The identification information shall
14be placed on the website within 3 days of the inmate's release
15and the information may not be removed until either:
16completion of the first year of mandatory supervised release
17or return of the inmate to custody of the Department.
18    (b) Whenever a person is or has been committed under
19several convictions, with separate sentences, the sentences
20shall be construed under Section 5-8-4 in granting and
21forfeiting of sentence credit.
22    (c) (1) The Department shall prescribe rules and
23regulations for revoking sentence credit, including revoking
24sentence credit awarded under paragraph (3) of subsection (a)
25of this Section. The Department shall prescribe rules and
26regulations establishing and requiring the use of a sanctions

 

 

SB3188- 21 -LRB102 23706 RLC 32892 b

1matrix for revoking sentence credit. The Department shall
2prescribe rules and regulations for suspending or reducing the
3rate of accumulation of sentence credit for specific rule
4violations, during imprisonment. These rules and regulations
5shall provide that no inmate may be penalized more than one
6year of sentence credit for any one infraction.
7    (2) When the Department seeks to revoke, suspend, or
8reduce the rate of accumulation of any sentence credits for an
9alleged infraction of its rules, it shall bring charges
10therefor against the prisoner sought to be so deprived of
11sentence credits before the Prisoner Review Board as provided
12in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
13amount of credit at issue exceeds 30 days, whether from one
14infraction or cumulatively from multiple infractions arising
15out of a single event, or when, during any 12-month period, the
16cumulative amount of credit revoked exceeds 30 days except
17where the infraction is committed or discovered within 60 days
18of scheduled release. In those cases, the Department of
19Corrections may revoke up to 30 days of sentence credit. The
20Board may subsequently approve the revocation of additional
21sentence credit, if the Department seeks to revoke sentence
22credit in excess of 30 days. However, the Board shall not be
23empowered to review the Department's decision with respect to
24the loss of 30 days of sentence credit within any calendar year
25for any prisoner or to increase any penalty beyond the length
26requested by the Department.

 

 

SB3188- 22 -LRB102 23706 RLC 32892 b

1    (3) The Director of the Department of Corrections, in
2appropriate cases, may restore sentence credits which have
3been revoked, suspended, or reduced. The Department shall
4prescribe rules and regulations governing the restoration of
5sentence credits. These rules and regulations shall provide
6for the automatic restoration of sentence credits following a
7period in which the prisoner maintains a record without a
8disciplinary violation.
9    Nothing contained in this Section shall prohibit the
10Prisoner Review Board from ordering, pursuant to Section
113-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12sentence imposed by the court that was not served due to the
13accumulation of sentence credit.
14    (d) If a lawsuit is filed by a prisoner in an Illinois or
15federal court against the State, the Department of
16Corrections, or the Prisoner Review Board, or against any of
17their officers or employees, and the court makes a specific
18finding that a pleading, motion, or other paper filed by the
19prisoner is frivolous, the Department of Corrections shall
20conduct a hearing to revoke up to 180 days of sentence credit
21by bringing charges against the prisoner sought to be deprived
22of the sentence credits before the Prisoner Review Board as
23provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
24If the prisoner has not accumulated 180 days of sentence
25credit at the time of the finding, then the Prisoner Review
26Board may revoke all sentence credit accumulated by the

 

 

SB3188- 23 -LRB102 23706 RLC 32892 b

1prisoner.
2    For purposes of this subsection (d):
3        (1) "Frivolous" means that a pleading, motion, or
4    other filing which purports to be a legal document filed
5    by a 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
10        purpose, such as to harass or to cause unnecessary
11        delay or 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

 

 

SB3188- 24 -LRB102 23706 RLC 32892 b

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
12validity of Public Act 89-404.
13    (f) Whenever the Department is to release any inmate who
14has been convicted of a violation of an order of protection
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
16the Criminal Code of 2012, earlier than it otherwise would
17because of a grant of sentence credit, the Department, as a
18condition of release, shall require that the person, upon
19release, be placed under electronic surveillance as provided
20in Section 5-8A-7 of this Code.
21(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
22102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)