103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1603

 

Introduced 2/8/2023, by Sen. Chapin Rose

 

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 bringing contraband into a penal institution 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. Provides that on or after the effective date of the amendatory Act, a prisoner serving a sentence for bringing contraband into a penal institution shall receive no additional sentence credit under the Code.


LRB103 25247 RLC 51591 b

 

 

A BILL FOR

 

SB1603LRB103 25247 RLC 51591 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 of Corrections and the
11Department of Juvenile Justice shall prescribe rules and
12regulations for awarding and revoking sentence credit for
13persons committed to the Department of Juvenile Justice under
14Section 5-8-6 of the Unified Code of Corrections, which shall
15be subject to review by the Prisoner Review Board.
16    (1.5) As otherwise provided by law, sentence credit may be
17awarded for the following:
18        (A) successful completion of programming while in
19    custody of the Department of Corrections or the Department
20    of Juvenile Justice or while in custody prior to
21    sentencing;
22        (B) compliance with the rules and regulations of the
23    Department; or

 

 

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1        (C) service to the institution, service to a
2    community, or service to the State.
3    (2) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide, with respect to offenses listed in clause (i),
6(ii), or (iii) of this paragraph (2) committed on or after June
719, 1998 or with respect to the offense listed in clause (iv)
8of this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of being an armed habitual criminal committed on or
13after August 2, 2005 (the effective date of Public Act 94-398)
14or with respect to the offenses listed in clause (v) of this
15paragraph (2) committed on or after August 13, 2007 (the
16effective date of Public Act 95-134) or with respect to the
17offense of aggravated domestic battery committed on or after
18July 23, 2010 (the effective date of Public Act 96-1224) or
19with respect to the offense of attempt to commit terrorism
20committed on or after January 1, 2013 (the effective date of
21Public Act 97-990) or with respect to the offense of bringing
22contraband into a penal institution as described in subsection
23(a) of Section 31A-1.1 of the Criminal Code of 2012 committed
24on or after the effective date of this amendatory Act of the
25103rd General Assembly, the following:
26        (i) that a prisoner who is serving a term of

 

 

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1    imprisonment for first degree murder or for the offense of
2    terrorism shall receive no sentence credit and shall serve
3    the entire sentence imposed by the court;
4        (ii) that a prisoner serving a sentence for attempt to
5    commit terrorism, attempt to commit first degree murder,
6    solicitation of murder, solicitation of murder for hire,
7    intentional homicide of an unborn child, predatory
8    criminal sexual assault of a child, aggravated criminal
9    sexual assault, criminal sexual assault, aggravated
10    kidnapping, aggravated battery with a firearm as described
11    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
12    or (e)(4) of Section 12-3.05, heinous battery as described
13    in Section 12-4.1 or subdivision (a)(2) of Section
14    12-3.05, being an armed habitual criminal, aggravated
15    battery of a senior citizen as described in Section 12-4.6
16    or subdivision (a)(4) of Section 12-3.05, or aggravated
17    battery of a child as described in Section 12-4.3 or
18    subdivision (b)(1) of Section 12-3.05 shall receive no
19    more than 4.5 days of sentence credit for each month of his
20    or her sentence of imprisonment;
21        (iii) that a prisoner serving a sentence for home
22    invasion, armed robbery, aggravated vehicular hijacking,
23    aggravated discharge of a firearm, or armed violence with
24    a category I weapon or category II weapon, when the court
25    has made and entered a finding, pursuant to subsection
26    (c-1) of Section 5-4-1 of this Code, that the conduct

 

 

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1    leading to conviction for the enumerated offense resulted
2    in great bodily harm to a victim, shall receive no more
3    than 4.5 days of sentence credit for each month of his or
4    her sentence of imprisonment;
5        (iv) that a prisoner serving a sentence for aggravated
6    discharge of a firearm, whether or not the conduct leading
7    to conviction for the offense resulted in great bodily
8    harm to the victim, shall receive no more than 4.5 days of
9    sentence credit for each month of his or her sentence of
10    imprisonment;
11        (v) that a person serving a sentence for gunrunning,
12    narcotics racketeering, controlled substance trafficking,
13    methamphetamine trafficking, drug-induced homicide,
14    aggravated methamphetamine-related child endangerment,
15    money laundering pursuant to clause (c) (4) or (5) of
16    Section 29B-1 of the Criminal Code of 1961 or the Criminal
17    Code of 2012, or a Class X felony conviction for delivery
18    of a controlled substance, possession of a controlled
19    substance with intent to manufacture or deliver,
20    calculated criminal drug conspiracy, criminal drug
21    conspiracy, street gang criminal drug conspiracy,
22    participation in methamphetamine manufacturing,
23    aggravated participation in methamphetamine
24    manufacturing, delivery of methamphetamine, possession
25    with intent to deliver methamphetamine, aggravated
26    delivery of methamphetamine, aggravated possession with

 

 

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1    intent to deliver methamphetamine, methamphetamine
2    conspiracy when the substance containing the controlled
3    substance or methamphetamine is 100 grams or more shall
4    receive no more than 7.5 days sentence credit for each
5    month of his or her sentence of imprisonment;
6        (vi) that a prisoner serving a sentence for a second
7    or subsequent offense of luring a minor shall receive no
8    more than 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment; and
10        (vii) that a prisoner serving a sentence for
11    aggravated domestic battery shall receive no more than 4.5
12    days of sentence credit for each month of his or her
13    sentence of imprisonment; and .
14        (viii) that a prisoner serving a sentence for bringing
15    contraband into a penal institution as described in
16    subsection (a) of Section 31A-1.1 of the Criminal Code of
17    2012 committed on or after the effective date of this
18    amendatory Act of the 103rd General Assembly shall receive
19    no more than 4.5 days of sentence credit for each month of
20    his or her sentence of imprisonment.
21    (2.1) For all offenses, other than those enumerated in
22subdivision (a)(2)(i), (ii), or (iii) committed on or after
23June 19, 1998 or subdivision (a)(2)(iv) committed on or after
24June 23, 2005 (the effective date of Public Act 94-71) or
25subdivision (a)(2)(v) committed on or after August 13, 2007
26(the effective date of Public Act 95-134) or subdivision

 

 

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1(a)(2)(vi) committed on or after June 1, 2008 (the effective
2date of Public Act 95-625) or subdivision (a)(2)(vii)
3committed on or after July 23, 2010 (the effective date of
4Public Act 96-1224) or subdivision (a)(2)(viii) committed on
5or after the effective date of this amendatory Act of the 103rd
6General Assembly, and other than the offense of aggravated
7driving under the influence of alcohol, other drug or drugs,
8or intoxicating compound or compounds, or any combination
9thereof as defined in subparagraph (F) of paragraph (1) of
10subsection (d) of Section 11-501 of the Illinois Vehicle Code,
11and other than the offense of aggravated driving under the
12influence of alcohol, other drug or drugs, or intoxicating
13compound or compounds, or any combination thereof as defined
14in subparagraph (C) of paragraph (1) of subsection (d) of
15Section 11-501 of the Illinois Vehicle Code committed on or
16after January 1, 2011 (the effective date of Public Act
1796-1230), the rules and regulations shall provide that a
18prisoner who is serving a term of imprisonment shall receive
19one day of sentence credit for each day of his or her sentence
20of imprisonment or recommitment under Section 3-3-9. Each day
21of sentence credit shall reduce by one day the prisoner's
22period of imprisonment or recommitment under Section 3-3-9.
23    (2.2) A prisoner serving a term of natural life
24imprisonment or a prisoner who has been sentenced to death
25shall receive no sentence credit.
26    (2.3) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations on sentence credit
2shall provide that a prisoner who is serving a sentence for
3aggravated driving under the influence of alcohol, other drug
4or drugs, or intoxicating compound or compounds, or any
5combination thereof as defined in subparagraph (F) of
6paragraph (1) of subsection (d) of Section 11-501 of the
7Illinois Vehicle Code, shall receive no more than 4.5 days of
8sentence credit for each month of his or her sentence of
9imprisonment.
10    (2.4) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide with respect to the offenses of aggravated
13battery with a machine gun or a firearm equipped with any
14device or attachment designed or used for silencing the report
15of a firearm or aggravated discharge of a machine gun or a
16firearm equipped with any device or attachment designed or
17used for silencing the report of a firearm, committed on or
18after July 15, 1999 (the effective date of Public Act 91-121),
19that a prisoner serving a sentence for any of these offenses
20shall receive no more than 4.5 days of sentence credit for each
21month of his or her sentence of imprisonment.
22    (2.5) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations on sentence credit
24shall provide that a prisoner who is serving a sentence for
25aggravated arson committed on or after July 27, 2001 (the
26effective date of Public Act 92-176) shall receive no more

 

 

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1than 4.5 days of sentence credit for each month of his or her
2sentence of imprisonment.
3    (2.6) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide that a prisoner who is serving a sentence for
6aggravated driving under the influence of alcohol, other drug
7or drugs, or intoxicating compound or compounds or any
8combination thereof as defined in subparagraph (C) of
9paragraph (1) of subsection (d) of Section 11-501 of the
10Illinois Vehicle Code committed on or after January 1, 2011
11(the effective date of Public Act 96-1230) shall receive no
12more than 4.5 days of sentence credit for each month of his or
13her sentence of imprisonment.
14    (3) In addition to the sentence credits earned under
15paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
16subsection (a), the rules and regulations shall also provide
17that the Director of Corrections or the Director of Juvenile
18Justice may award up to 180 days of earned sentence credit for
19prisoners serving a sentence of incarceration of less than 5
20years, and up to 365 days of earned sentence credit for
21prisoners serving a sentence of 5 years or longer. The
22Director may grant this credit for good conduct in specific
23instances as either Director deems proper for eligible persons
24in the custody of each Director's respective Department. The
25good conduct may include, but is not limited to, compliance
26with the rules and regulations of the Department, service to

 

 

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1the Department, service to a community, or service to the
2State.
3    Eligible inmates for an award of earned sentence credit
4under this paragraph (3) may be selected to receive the credit
5at either Director's or his or her designee's sole discretion.
6Eligibility for the additional earned sentence credit under
7this paragraph (3) may be based on, but is not limited to,
8participation in programming offered by the Department as
9appropriate for the prisoner based on the results of any
10available risk/needs assessment or other relevant assessments
11or evaluations administered by the Department using a
12validated instrument, the circumstances of the crime,
13demonstrated commitment to rehabilitation by a prisoner with a
14history of conviction for a forcible felony enumerated in
15Section 2-8 of the Criminal Code of 2012, the inmate's
16behavior and improvements in disciplinary history while
17incarcerated, and the inmate's commitment to rehabilitation,
18including participation in programming offered by the
19Department.
20    The Director of Corrections or the Director of Juvenile
21Justice shall not award sentence credit under this paragraph
22(3) to an inmate unless the inmate has served a minimum of 60
23days of the sentence; except nothing in this paragraph shall
24be construed to permit either Director to extend an inmate's
25sentence beyond that which was imposed by the court. Prior to
26awarding credit under this paragraph (3), each Director shall

 

 

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1make a written determination that the inmate:
2        (A) is eligible for the earned sentence credit;
3        (B) has served a minimum of 60 days, or as close to 60
4    days as the sentence will allow;
5        (B-1) has received a risk/needs assessment or other
6    relevant evaluation or assessment administered by the
7    Department using a validated instrument; and
8        (C) has met the eligibility criteria established by
9    rule for earned sentence credit.
10    The Director of Corrections or the Director of Juvenile
11Justice shall determine the form and content of the written
12determination required in this subsection.
13    (3.5) The Department shall provide annual written reports
14to the Governor and the General Assembly on the award of earned
15sentence credit no later than February 1 of each year. The
16Department must publish both reports on its website within 48
17hours of transmitting the reports to the Governor and the
18General Assembly. The reports must include:
19        (A) the number of inmates awarded earned sentence
20    credit;
21        (B) the average amount of earned sentence credit
22    awarded;
23        (C) the holding offenses of inmates awarded earned
24    sentence credit; and
25        (D) the number of earned sentence credit revocations.
26    (4)(A) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations shall also provide
2that any prisoner who is engaged full-time in substance abuse
3programs, correctional industry assignments, educational
4programs, work-release programs or activities in accordance
5with Article 13 of Chapter III of this Code, behavior
6modification programs, life skills courses, or re-entry
7planning provided by the Department under this paragraph (4)
8and satisfactorily completes the assigned program as
9determined by the standards of the Department, shall receive
10one day of sentence credit for each day in which that prisoner
11is engaged in the activities described in this paragraph. The
12rules and regulations shall also provide that sentence credit
13may be provided to an inmate who was held in pre-trial
14detention prior to his or her current commitment to the
15Department of Corrections and successfully completed a
16full-time, 60-day or longer substance abuse program,
17educational program, behavior modification program, life
18skills course, or re-entry planning provided by the county
19department of corrections or county jail. Calculation of this
20county program credit shall be done at sentencing as provided
21in Section 5-4.5-100 of this Code and shall be included in the
22sentencing order. The rules and regulations shall also provide
23that sentence credit may be provided to an inmate who is in
24compliance with programming requirements in an adult
25transition center.
26    (B) The Department shall award sentence credit under this

 

 

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

 

 

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1is entitled to sentence credit under subparagraph (B) in
2excess of 45 days of participation in those programs, the
3inmate shall receive 90 days of sentence credit. If the inmate
4cannot provide documentation of more than 45 days of
5participation in those programs, the inmate shall receive 45
6days of sentence credit. In the event of a disagreement
7between the Department and the inmate as to the amount of
8credit accumulated under subparagraph (B), if the Department
9provides documented proof of a lesser amount of days of
10participation in those programs, that proof shall control. If
11the Department provides no documentary proof, the inmate's
12proof as set forth in clause (ii) of subparagraph (B) shall
13control as to the amount of sentence credit provided.
14    (D) If the inmate has been convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act,
16sentencing credits under subparagraph (B) of this paragraph
17(4) shall be awarded by the Department only if the conditions
18set forth in paragraph (4.6) of subsection (a) are satisfied.
19No inmate serving a term of natural life imprisonment shall
20receive sentence credit under subparagraph (B) of this
21paragraph (4).
22    Educational, vocational, substance abuse, behavior
23modification programs, life skills courses, re-entry planning,
24and correctional industry programs under which sentence credit
25may be earned under this paragraph (4) and paragraph (4.1) of
26this subsection (a) shall be evaluated by the Department on

 

 

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

 

 

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1disability, transfer, lockdown, or another reason outside of
2the prisoner's control shall receive prorated sentence credits
3for the days in which the prisoner did participate.
4    (4.1) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations shall also provide
6that an additional 90 days of sentence credit shall be awarded
7to any prisoner who passes high school equivalency testing
8while the prisoner is committed to the Department of
9Corrections. The sentence credit awarded under this paragraph
10(4.1) shall be in addition to, and shall not affect, the award
11of sentence credit under any other paragraph of this Section,
12but shall also be pursuant to the guidelines and restrictions
13set forth in paragraph (4) of subsection (a) of this Section.
14The sentence credit provided for in this paragraph shall be
15available only to those prisoners who have not previously
16earned a high school diploma or a State of Illinois High School
17Diploma. If, after an award of the high school equivalency
18testing sentence credit has been made, the Department
19determines that the prisoner was not eligible, then the award
20shall be revoked. The Department may also award 90 days of
21sentence credit to any committed person who passed high school
22equivalency testing while he or she was held in pre-trial
23detention prior to the current commitment to the Department of
24Corrections. Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations shall provide that
26an additional 120 days of sentence credit shall be awarded to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (4.7) On or after January 1, 2018 (the effective date of
2Public Act 100-3), sentence credit under paragraph (3), (4),
3or (4.1) of this subsection (a) may be awarded to a prisoner
4who is serving a sentence for an offense described in
5paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
6on or after January 1, 2018 (the effective date of Public Act
7100-3); provided, the award of the credits under this
8paragraph (4.7) shall not reduce the sentence of the prisoner
9to less than the following amounts:
10        (i) 85% of his or her sentence if the prisoner is
11    required to serve 85% of his or her sentence; or
12        (ii) 60% of his or her sentence if the prisoner is
13    required to serve 75% of his or her sentence, except if the
14    prisoner is serving a sentence for gunrunning his or her
15    sentence shall not be reduced to less than 75%.
16        (iii) 100% of his or her sentence if the prisoner is
17    required to serve 100% of his or her sentence.
18    (4.8) On or after the effective date of this amendatory
19Act of the 103rd General Assembly, sentence credit under
20paragraph (3), (4), (4.1), (4.2), or (4.7) of this subsection
21(a) may not be awarded to a prisoner who is serving a sentence
22for bringing contraband into a penal institution as described
23in subsection (a) of Section 31A-1.1 of the Criminal Code of
242012.
25    (5) Whenever the Department is to release any inmate
26earlier than it otherwise would because of a grant of earned

 

 

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

 

 

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

 

 

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1for any prisoner or to increase any penalty beyond the length
2requested by the Department.
3    (3) The Director of Corrections or the Director of
4Juvenile Justice, in appropriate cases, may restore sentence
5credits which have been revoked, suspended, or reduced. The
6Department shall prescribe rules and regulations governing the
7restoration of sentence credits. These rules and regulations
8shall provide for the automatic restoration of sentence
9credits following a period in which the prisoner maintains a
10record without a disciplinary violation.
11    Nothing contained in this Section shall prohibit the
12Prisoner Review Board from ordering, pursuant to Section
133-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
14sentence imposed by the court that was not served due to the
15accumulation of sentence credit.
16    (d) If a lawsuit is filed by a prisoner in an Illinois or
17federal court against the State, the Department of
18Corrections, or the Prisoner Review Board, or against any of
19their officers or employees, and the court makes a specific
20finding that a pleading, motion, or other paper filed by the
21prisoner is frivolous, the Department of Corrections shall
22conduct a hearing to revoke up to 180 days of sentence credit
23by bringing charges against the prisoner sought to be deprived
24of the sentence credits before the Prisoner Review Board as
25provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
26If the prisoner has not accumulated 180 days of sentence

 

 

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1credit at the time of the finding, then the Prisoner Review
2Board may revoke all sentence credit accumulated by the
3prisoner.
4    For purposes of this subsection (d):
5        (1) "Frivolous" means that a pleading, motion, or
6    other filing which purports to be a legal document filed
7    by a prisoner in his or her lawsuit meets any or all of the
8    following criteria:
9            (A) it lacks an arguable basis either in law or in
10        fact;
11            (B) it is being presented for any improper
12        purpose, such as to harass or to cause unnecessary
13        delay or needless increase in the cost of litigation;
14            (C) the claims, defenses, and other legal
15        contentions therein are not warranted by existing law
16        or by a nonfrivolous argument for the extension,
17        modification, or reversal of existing law or the
18        establishment of new law;
19            (D) the allegations and other factual contentions
20        do not have evidentiary support or, if specifically so
21        identified, are not likely to have evidentiary support
22        after a reasonable opportunity for further
23        investigation or discovery; or
24            (E) the denials of factual contentions are not
25        warranted on the evidence, or if specifically so
26        identified, are not reasonably based on a lack of

 

 

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1        information or belief.
2        (2) "Lawsuit" means a motion pursuant to Section 116-3
3    of the Code of Criminal Procedure of 1963, a habeas corpus
4    action under Article X of the Code of Civil Procedure or
5    under federal law (28 U.S.C. 2254), a petition for claim
6    under the Court of Claims Act, an action under the federal
7    Civil Rights Act (42 U.S.C. 1983), or a second or
8    subsequent petition for post-conviction relief under
9    Article 122 of the Code of Criminal Procedure of 1963
10    whether filed with or without leave of court or a second or
11    subsequent petition for relief from judgment under Section
12    2-1401 of the Code of Civil Procedure.
13    (e) Nothing in Public Act 90-592 or 90-593 affects the
14validity of Public Act 89-404.
15    (f) Whenever the Department is to release any inmate who
16has been convicted of a violation of an order of protection
17under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
18the Criminal Code of 2012, earlier than it otherwise would
19because of a grant of sentence credit, the Department, as a
20condition of release, shall require that the person, upon
21release, be placed under electronic surveillance as provided
22in Section 5-8A-7 of this Code.
23(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
24102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
255-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)