94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1831

 

Introduced 2/25/2005, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-1   from Ch. 38, par. 1003-3-1
730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Provides that the Department of Corrections may revoke good conduct credit of prisoners only for specific rules violations that would constitute crimes if committed by persons in other than a correctional institution.


LRB094 11237 RLC 41966 b

 

 

A BILL FOR

 

SB1831 LRB094 11237 RLC 41966 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Legislative purpose. The purpose of this
5 amendatory Act of the 94th General Assembly is to ensure that
6 the fiscal burden on the citizens of Illinois is not
7 unnecessarily increased through an increase in the amount of
8 time served by prisoners in Illinois, beyond the terms set by
9 the General Assembly and the courts, while providing the
10 Department of Corrections appropriate tools for enforcing
11 discipline in the State's prisons and punishing prisoners who
12 violate established rules.
 
13     Section 5. The Unified Code of Corrections is amended by
14 changing Sections 3-3-1 and 3-6-3 as follows:
 
15     (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
16     Sec. 3-3-1. Establishment and Appointment of Prisoner
17 Review Board.
18     (a) There shall be a Prisoner Review Board independent of
19 the Department of Corrections which shall be:
20         (1) the paroling authority for persons sentenced under
21     the law in effect prior to the effective date of this
22     amendatory Act of 1977;
23         (2) the authority for hearing cases brought by the
24     Department of Corrections pursuant to subsection (c) of
25     Section 3-6-3 of this Code seeking the board of review for
26     cases involving the revocation of good conduct credits or a
27     suspension or reduction in the rate of accumulating such
28     credit;
29         (3) the board of review and recommendation for the
30     exercise of executive clemency by the Governor;
31         (4) the authority for establishing release dates for

 

 

SB1831 - 2 - LRB094 11237 RLC 41966 b

1     certain prisoners sentenced under the law in existence
2     prior to the effective date of this amendatory Act of 1977,
3     in accordance with Section 3-3-2.1 of this Code;
4         (5) the authority for setting conditions for parole and
5     mandatory supervised release under Section 5-8-1(a) of
6     this Code, and determining whether a violation of those
7     conditions warrant revocation of parole or mandatory
8     supervised release or the imposition of other sanctions.
9     (b) The Board shall consist of 15 persons appointed by the
10 Governor by and with the advice and consent of the Senate. One
11 member of the Board shall be designated by the Governor to be
12 Chairman and shall serve as Chairman at the pleasure of the
13 Governor. The members of the Board shall have had at least 5
14 years of actual experience in the fields of penology,
15 corrections work, law enforcement, sociology, law, education,
16 social work, medicine, psychology, other behavioral sciences,
17 or a combination thereof. At least 6 members so appointed must
18 have had at least 3 years experience in the field of juvenile
19 matters. No more than 8 Board members may be members of the
20 same political party.
21     Each member of the Board shall serve on a full-time basis
22 and shall not hold any other salaried public office, whether
23 elective or appointive, nor any other office or position of
24 profit, nor engage in any other business, employment, or
25 vocation. The Chairman of the Board shall receive $35,000 a
26 year, or an amount set by the Compensation Review Board,
27 whichever is greater, and each other member $30,000, or an
28 amount set by the Compensation Review Board, whichever is
29 greater.
30     (c) Notwithstanding any other provision of this Section,
31 the term of each member of the Board who was appointed by the
32 Governor and is in office on June 30, 2003 shall terminate at
33 the close of business on that date or when all of the successor
34 members to be appointed pursuant to this amendatory Act of the
35 93rd General Assembly have been appointed by the Governor,
36 whichever occurs later. As soon as possible, the Governor shall

 

 

SB1831 - 3 - LRB094 11237 RLC 41966 b

1 appoint persons to fill the vacancies created by this
2 amendatory Act.
3     Of the initial members appointed under this amendatory Act
4 of the 93rd General Assembly, the Governor shall appoint 5
5 members whose terms shall expire on the third Monday in January
6 2005, 5 members whose terms shall expire on the third Monday in
7 January 2007, and 5 members whose terms shall expire on the
8 third Monday in January 2009. Their respective successors shall
9 be appointed for terms of 6 years from the third Monday in
10 January of the year of appointment. Each member shall serve
11 until his successor is appointed and qualified.
12     Any member may be removed by the Governor for incompetence,
13 neglect of duty, malfeasance or inability to serve.
14     (d) The Chairman of the Board shall be its chief executive
15 and administrative officer. The Board may have an Executive
16 Director; if so, the Executive Director shall be appointed by
17 the Governor with the advice and consent of the Senate. The
18 salary and duties of the Executive Director shall be fixed by
19 the Board.
20 (Source: P.A. 93-509, eff. 8-11-03.)
 
21     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
22     Sec. 3-6-3. Rules and Regulations for Early Release.
23         (a) (1) The Department of Corrections shall prescribe
24     rules and regulations for the early release on account of
25     good conduct of persons committed to the Department which
26     shall be subject to review by the Prisoner Review Board.
27         (2) The rules and regulations on early release shall
28     provide, with respect to offenses committed on or after
29     June 19, 1998, the following:
30             (i) that a prisoner who is serving a term of
31         imprisonment for first degree murder or for the offense
32         of terrorism shall receive no good conduct credit and
33         shall serve the entire sentence imposed by the court;
34             (ii) that a prisoner serving a sentence for attempt
35         to commit first degree murder, solicitation of murder,

 

 

SB1831 - 4 - LRB094 11237 RLC 41966 b

1         solicitation of murder for hire, intentional homicide
2         of an unborn child, predatory criminal sexual assault
3         of a child, aggravated criminal sexual assault,
4         criminal sexual assault, aggravated kidnapping,
5         aggravated battery with a firearm, heinous battery,
6         aggravated battery of a senior citizen, or aggravated
7         battery of a child shall receive no more than 4.5 days
8         of good conduct credit for each month of his or her
9         sentence of imprisonment; and
10             (iii) that a prisoner serving a sentence for home
11         invasion, armed robbery, aggravated vehicular
12         hijacking, aggravated discharge of a firearm, or armed
13         violence with a category I weapon or category II
14         weapon, when the court has made and entered a finding,
15         pursuant to subsection (c-1) of Section 5-4-1 of this
16         Code, that the conduct leading to conviction for the
17         enumerated offense resulted in great bodily harm to a
18         victim, shall receive no more than 4.5 days of good
19         conduct credit for each month of his or her sentence of
20         imprisonment.
21         (2.1) For all offenses, other than those enumerated in
22     subdivision (a)(2) committed on or after June 19, 1998, and
23     other than the offense of reckless homicide as defined in
24     subsection (e) of Section 9-3 of the Criminal Code of 1961
25     committed on or after January 1, 1999, or aggravated
26     driving under the influence of alcohol, other drug or
27     drugs, or intoxicating compound or compounds, or any
28     combination thereof as defined in subparagraph (F) of
29     paragraph (1) of subsection (d) of Section 11-501 of the
30     Illinois Vehicle Code, the rules and regulations shall
31     provide that a prisoner who is serving a term of
32     imprisonment shall receive one day of good conduct credit
33     for each day served of his or her sentence of imprisonment
34     or recommitment under Section 3-3-9. Each day of good
35     conduct credit shall reduce by one day the prisoner's
36     period of imprisonment or recommitment under Section

 

 

SB1831 - 5 - LRB094 11237 RLC 41966 b

1     3-3-9.
2         (2.2) A prisoner serving a term of natural life
3     imprisonment or a prisoner who has been sentenced to death
4     shall receive no good conduct credit.
5         (2.3) The rules and regulations on early release shall
6     provide that a prisoner who is serving a sentence for
7     reckless homicide as defined in subsection (e) of Section
8     9-3 of the Criminal Code of 1961 committed on or after
9     January 1, 1999, or aggravated driving under the influence
10     of alcohol, other drug or drugs, or intoxicating compound
11     or compounds, or any combination thereof as defined in
12     subparagraph (F) of paragraph (1) of subsection (d) of
13     Section 11-501 of the Illinois Vehicle Code, shall receive
14     no more than 4.5 days of good conduct credit for each month
15     of his or her sentence of imprisonment.
16         (2.4) The rules and regulations on early release shall
17     provide with respect to the offenses of aggravated battery
18     with a machine gun or a firearm equipped with any device or
19     attachment designed or used for silencing the report of a
20     firearm or aggravated discharge of a machine gun or a
21     firearm equipped with any device or attachment designed or
22     used for silencing the report of a firearm, committed on or
23     after July 15, 1999 (the effective date of Public Act
24     91-121) this amendatory Act of 1999, that a prisoner
25     serving a sentence for any of these offenses shall receive
26     no more than 4.5 days of good conduct credit for each month
27     of his or her sentence of imprisonment.
28         (2.5) The rules and regulations on early release shall
29     provide that a prisoner who is serving a sentence for
30     aggravated arson committed on or after July 27, 2001 (the
31     effective date of Public Act 92-176) this amendatory Act of
32     the 92nd 93rd General Assembly shall receive no more than
33     4.5 days of good conduct credit for each month of his or
34     her sentence of imprisonment.
35         (3) The rules and regulations shall also provide that
36     the Director may award up to 180 days additional good

 

 

SB1831 - 6 - LRB094 11237 RLC 41966 b

1     conduct credit for meritorious service in specific
2     instances as the Director deems proper; except that no more
3     than 90 days of good conduct credit for meritorious service
4     shall be awarded to any prisoner who is serving a sentence
5     for conviction of first degree murder, reckless homicide
6     while under the influence of alcohol or any other drug, or
7     aggravated driving under the influence of alcohol, other
8     drug or drugs, or intoxicating compound or compounds, or
9     any combination thereof as defined in subparagraph (F) of
10     paragraph (1) of subsection (d) of Section 11-501 of the
11     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
12     predatory criminal sexual assault of a child, aggravated
13     criminal sexual assault, criminal sexual assault, deviate
14     sexual assault, aggravated criminal sexual abuse,
15     aggravated indecent liberties with a child, indecent
16     liberties with a child, child pornography, heinous
17     battery, aggravated battery of a spouse, aggravated
18     battery of a spouse with a firearm, stalking, aggravated
19     stalking, aggravated battery of a child, endangering the
20     life or health of a child, cruelty to a child, or narcotic
21     racketeering. Notwithstanding the foregoing, good conduct
22     credit for meritorious service shall not be awarded on a
23     sentence of imprisonment imposed for conviction of: (i) one
24     of the offenses enumerated in subdivision (a)(2) when the
25     offense is committed on or after June 19, 1998, (ii)
26     reckless homicide as defined in subsection (e) of Section
27     9-3 of the Criminal Code of 1961 when the offense is
28     committed on or after January 1, 1999, or aggravated
29     driving under the influence of alcohol, other drug or
30     drugs, or intoxicating compound or compounds, or any
31     combination thereof as defined in subparagraph (F) of
32     paragraph (1) of subsection (d) of Section 11-501 of the
33     Illinois Vehicle Code, (iii) one of the offenses enumerated
34     in subdivision (a)(2.4) when the offense is committed on or
35     after July 15, 1999 (the effective date of Public Act
36     91-121) this amendatory Act of 1999, or (iv) aggravated

 

 

SB1831 - 7 - LRB094 11237 RLC 41966 b

1     arson when the offense is committed on or after July 27,
2     2001 (the effective date of Public Act 92-176) this
3     amendatory Act of the 92nd 93rd General Assembly.
4         (4) The rules and regulations shall also provide that
5     the good conduct credit accumulated and retained under
6     paragraph (2.1) of subsection (a) of this Section by any
7     inmate during specific periods of time in which such inmate
8     is engaged full-time in substance abuse programs,
9     correctional industry assignments, or educational programs
10     provided by the Department under this paragraph (4) and
11     satisfactorily completes the assigned program as
12     determined by the standards of the Department, shall be
13     multiplied by a factor of 1.25 for program participation
14     before August 11, 1993 and 1.50 for program participation
15     on or after that date. However, no inmate shall be eligible
16     for the additional good conduct credit under this paragraph
17     (4) while assigned to a boot camp, mental health unit, or
18     electronic detention, or if convicted of an offense
19     enumerated in paragraph (a)(2) of this Section that is
20     committed on or after June 19, 1998, or if convicted of
21     reckless homicide as defined in subsection (e) of Section
22     9-3 of the Criminal Code of 1961 if the offense is
23     committed on or after January 1, 1999, or aggravated
24     driving under the influence of alcohol, other drug or
25     drugs, or intoxicating compound or compounds, or any
26     combination thereof as defined in subparagraph (F) of
27     paragraph (1) of subsection (d) of Section 11-501 of the
28     Illinois Vehicle Code, or if convicted of an offense
29     enumerated in paragraph (a)(2.4) of this Section that is
30     committed on or after July 15, 1999 (the effective date of
31     Public Act 91-121) this amendatory Act of 1999, or first
32     degree murder, a Class X felony, criminal sexual assault,
33     felony criminal sexual abuse, aggravated criminal sexual
34     abuse, aggravated battery with a firearm, or any
35     predecessor or successor offenses with the same or
36     substantially the same elements, or any inchoate offenses

 

 

SB1831 - 8 - LRB094 11237 RLC 41966 b

1     relating to the foregoing offenses. No inmate shall be
2     eligible for the additional good conduct credit under this
3     paragraph (4) who (i) has previously received increased
4     good conduct credit under this paragraph (4) and has
5     subsequently been convicted of a felony, or (ii) has
6     previously served more than one prior sentence of
7     imprisonment for a felony in an adult correctional
8     facility.
9         Educational, vocational, substance abuse and
10     correctional industry programs under which good conduct
11     credit may be increased under this paragraph (4) shall be
12     evaluated by the Department on the basis of documented
13     standards. The Department shall report the results of these
14     evaluations to the Governor and the General Assembly by
15     September 30th of each year. The reports shall include data
16     relating to the recidivism rate among program
17     participants.
18         Availability of these programs shall be subject to the
19     limits of fiscal resources appropriated by the General
20     Assembly for these purposes. Eligible inmates who are
21     denied immediate admission shall be placed on a waiting
22     list under criteria established by the Department. The
23     inability of any inmate to become engaged in any such
24     programs by reason of insufficient program resources or for
25     any other reason established under the rules and
26     regulations of the Department shall not be deemed a cause
27     of action under which the Department or any employee or
28     agent of the Department shall be liable for damages to the
29     inmate.
30         (4.5) The rules and regulations on early release shall
31     also provide that a prisoner who is serving a sentence for
32     a crime committed as a result of the use of, abuse of, or
33     addiction to alcohol or a controlled substance and the
34     crime was committed on or after September 1, 2003 (the
35     effective date of Public Act 93-354) this Amendatory Act of
36     the 93rd General Assembly shall receive no good conduct

 

 

SB1831 - 9 - LRB094 11237 RLC 41966 b

1     credit until he or she participates in and completes a
2     substance abuse treatment program. Good conduct credit
3     awarded under clauses (2), (3), and (4) of this subsection
4     (a) for crimes committed on or after September 1, 2003 the
5     effective date of this amendatory Act of the 93rd General
6     Assembly is subject to the provisions of this clause (4.5).
7     If the prisoner completes a substance abuse treatment
8     program, the Department may award good conduct credit for
9     the time spent in treatment. Availability of substance
10     abuse treatment shall be subject to the limits of fiscal
11     resources appropriated by the General Assembly for these
12     purposes. If treatment is not available, the prisoner shall
13     be placed on a waiting list under criteria established by
14     the Department. The Department may require a prisoner
15     placed on a waiting list to attend a substance abuse
16     education class or attend substance abuse self-help
17     meetings. A prisoner may not lose good conduct credit as a
18     result of being placed on a waiting list. A prisoner placed
19     on a waiting list remains eligible for increased good
20     conduct credit for participation in an educational,
21     vocational, or correctional industry program under clause
22     (4) of subsection (a) of this Section.
23         (5) Whenever the Department is to release any inmate
24     earlier than it otherwise would because of a grant of good
25     conduct credit for meritorious service given at any time
26     during the term, the Department shall give reasonable
27     advance notice of the impending release to the State's
28     Attorney of the county where the prosecution of the inmate
29     took place.
30     (b) Whenever a person is or has been committed under
31 several convictions, with separate sentences, the sentences
32 shall be construed under Section 5-8-4 in granting and
33 forfeiting of good time.
34     (c) The Department shall prescribe rules and regulations
35 for revoking good conduct credit earned and retained pursuant
36 to paragraph (2.1) of subsection (a), or suspending or reducing

 

 

SB1831 - 10 - LRB094 11237 RLC 41966 b

1 the rate of accumulation of good conduct credit for specific
2 rule violations, during imprisonment that would constitute
3 crimes if committed by persons in other than a correctional
4 institution. These rules and regulations shall provide that no
5 inmate may be penalized more than one year of good conduct
6 credit for any one infraction.
7     When the Department seeks to revoke, suspend or reduce the
8 rate of accumulation of any good conduct credits for an alleged
9 infraction of its rules, it shall bring charges therefor
10 against the prisoner sought to be so deprived of good conduct
11 credits before the Prisoner Review Board as provided in
12 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
13 amount of credit at issue exceeds 30 days or when during any 12
14 month period, the cumulative amount of credit revoked exceeds
15 30 days except where the infraction is committed or discovered
16 within 60 days of scheduled release. In those cases, the
17 Department of Corrections may revoke up to 30 days of good
18 conduct credit. The Board may subsequently approve the
19 revocation of additional good conduct credit, if the Department
20 seeks to revoke good conduct credit in excess of 30 days.
21 However, the Board shall not be empowered to review the
22 Department's decision with respect to the loss of 30 days of
23 good conduct credit within any calendar year for any prisoner
24 or to increase any penalty beyond the length requested by the
25 Department.
26     The Director of the Department of Corrections, in
27 appropriate cases, may restore up to 30 days good conduct
28 credits which have been revoked, suspended or reduced. Any
29 restoration of good conduct credits in excess of 30 days shall
30 be subject to review by the Prisoner Review Board. However, the
31 Board may not restore good conduct credit in excess of the
32 amount requested by the Director.
33     Nothing contained in this Section shall prohibit the
34 Prisoner Review Board from ordering, pursuant to Section
35 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
36 sentence imposed by the court that was not served due to the

 

 

SB1831 - 11 - LRB094 11237 RLC 41966 b

1 accumulation of good conduct credit.
2     (d) If a lawsuit is filed by a prisoner in an Illinois or
3 federal court against the State, the Department of Corrections,
4 or the Prisoner Review Board, or against any of their officers
5 or employees, and the court makes a specific finding that a
6 pleading, motion, or other paper filed by the prisoner is
7 frivolous, the Department of Corrections shall conduct a
8 hearing to revoke up to 180 days of good conduct credit by
9 bringing charges against the prisoner sought to be deprived of
10 the good conduct credits before the Prisoner Review Board as
11 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
12 If the prisoner has not accumulated 180 days of good conduct
13 credit at the time of the finding, then the Prisoner Review
14 Board may revoke all good conduct credit accumulated by the
15 prisoner.
16     For purposes of this subsection (d):
17         (1) "Frivolous" means that a pleading, motion, or other
18     filing which purports to be a legal document filed by a
19     prisoner in his or her lawsuit meets any or all of the
20     following criteria:
21             (A) it lacks an arguable basis either in law or in
22         fact;
23             (B) it is being presented for any improper purpose,
24         such as to harass or to cause unnecessary delay or
25         needless increase in the cost of litigation;
26             (C) the claims, defenses, and other legal
27         contentions therein are not warranted by existing law
28         or by a nonfrivolous argument for the extension,
29         modification, or reversal of existing law or the
30         establishment of new law;
31             (D) the allegations and other factual contentions
32         do not have evidentiary support or, if specifically so
33         identified, are not likely to have evidentiary support
34         after a reasonable opportunity for further
35         investigation or discovery; or
36             (E) the denials of factual contentions are not

 

 

SB1831 - 12 - LRB094 11237 RLC 41966 b

1         warranted on the evidence, or if specifically so
2         identified, are not reasonably based on a lack of
3         information or belief.
4         (2) "Lawsuit" means a petition for post-conviction
5     relief under Article 122 of the Code of Criminal Procedure
6     of 1963, a motion pursuant to Section 116-3 of the Code of
7     Criminal Procedure of 1963, a habeas corpus action under
8     Article X of the Code of Civil Procedure or under federal
9     law (28 U.S.C. 2254), a petition for claim under the Court
10     of Claims Act or an action under the federal Civil Rights
11     Act (42 U.S.C. 1983).
12     (e) Nothing in Public Act 90-592 or 90-593 this amendatory
13 Act of 1998 affects the validity of Public Act 89-404.
14 (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02;
15 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)