HB1557 Engrossed LRB095 06782 RLC 31406 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 5. The Unified Code of Corrections is amended by
5 changing 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 Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses listed in clause (i),
14     (ii), or (iii) of this paragraph (2) committed on or after
15     June 19, 1998 or with respect to the offense listed in
16     clause (iv) of this paragraph (2) committed on or after
17     June 23, 2005 (the effective date of Public Act 94-71) or
18     with respect to the offense of being an armed habitual
19     criminal committed on or after August 2, 2005 (the
20     effective date of Public Act 94-398) or with respect to the
21     offenses listed in clause (v) of this paragraph (2)
22     committed on or after the effective date of this amendatory
23     Act of the 95th General Assembly, the following:

 

 

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

 

 

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

 

 

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1         or methamphetamine is 100 grams or more shall receive
2         no more than 7.5 days good conduct credit for each
3         month of his or her sentence of imprisonment.
4         (2.1) For all offenses, other than those enumerated in
5     subdivision (a)(2)(i), (ii), or (iii) committed on or after
6     June 19, 1998 or subdivision (a)(2)(iv) committed on or
7     after June 23, 2005 (the effective date of Public Act
8     94-71) or subdivision (a)(2)(v) committed on or after the
9     effective date of this amendatory Act of the 95th General
10     Assembly, and other than the offense of reckless homicide
11     as defined in subsection (e) of Section 9-3 of the Criminal
12     Code of 1961 committed on or after January 1, 1999, or
13     aggravated driving under the influence of alcohol, other
14     drug or drugs, or intoxicating compound or compounds, or
15     any combination thereof as defined in subparagraph (F) of
16     paragraph (1) of subsection (d) of Section 11-501 of the
17     Illinois Vehicle Code, the rules and regulations shall
18     provide that a prisoner who is serving a term of
19     imprisonment shall receive one day of good conduct credit
20     for each day of his or her sentence of imprisonment or
21     recommitment under Section 3-3-9. Each day of good conduct
22     credit shall reduce by one day the prisoner's period of
23     imprisonment or recommitment under Section 3-3-9.
24         (2.2) A prisoner serving a term of natural life
25     imprisonment or a prisoner who has been sentenced to death
26     shall receive no good conduct credit.

 

 

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1         (2.3) The rules and regulations on early release shall
2     provide that a prisoner who is serving a sentence for
3     reckless homicide as defined in subsection (e) of Section
4     9-3 of the Criminal Code of 1961 committed on or after
5     January 1, 1999, or aggravated driving under the influence
6     of alcohol, other drug or drugs, or intoxicating compound
7     or compounds, or any combination thereof as defined in
8     subparagraph (F) of paragraph (1) of subsection (d) of
9     Section 11-501 of the Illinois Vehicle Code, shall receive
10     no more than 4.5 days of good conduct credit for each month
11     of his or her sentence of imprisonment.
12         (2.4) The rules and regulations on early release shall
13     provide with respect to the offenses of aggravated battery
14     with a machine gun or a firearm equipped with any device or
15     attachment designed or used for silencing the report of a
16     firearm or aggravated discharge of a machine gun or a
17     firearm equipped with any device or attachment designed or
18     used for silencing the report of a firearm, committed on or
19     after July 15, 1999 (the effective date of Public Act
20     91-121), that a prisoner serving a sentence for any of
21     these offenses shall receive no more than 4.5 days of good
22     conduct credit for each month of his or her sentence of
23     imprisonment.
24         (2.5) The rules and regulations on early release shall
25     provide that a prisoner who is serving a sentence for
26     aggravated arson committed on or after July 27, 2001 (the

 

 

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1     effective date of Public Act 92-176) shall receive no more
2     than 4.5 days of good conduct credit for each month of his
3     or her sentence of imprisonment.
4         (3) The rules and regulations shall also provide that
5     the Director may award up to 180 days additional good
6     conduct credit for meritorious service in specific
7     instances as the Director deems proper; except that no more
8     than 90 days of good conduct credit for meritorious service
9     shall be awarded to any prisoner who is serving a sentence
10     for conviction of first degree murder, reckless homicide
11     while under the influence of alcohol or any other drug, or
12     aggravated driving under the influence of alcohol, other
13     drug or drugs, or intoxicating compound or compounds, or
14     any combination thereof as defined in subparagraph (F) of
15     paragraph (1) of subsection (d) of Section 11-501 of the
16     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
17     predatory criminal sexual assault of a child, aggravated
18     criminal sexual assault, criminal sexual assault, deviate
19     sexual assault, aggravated criminal sexual abuse,
20     aggravated indecent liberties with a child, indecent
21     liberties with a child, child pornography, heinous
22     battery, aggravated battery of a spouse, aggravated
23     battery of a spouse with a firearm, stalking, aggravated
24     stalking, aggravated battery of a child, endangering the
25     life or health of a child, or cruelty to a child, or
26     narcotic racketeering. Notwithstanding the foregoing, good

 

 

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1     conduct credit for meritorious service shall not be awarded
2     on a sentence of imprisonment imposed for conviction of:
3     (i) one of the offenses enumerated in subdivision
4     (a)(2)(i), (ii), or (iii) when the offense is committed on
5     or after June 19, 1998 or subdivision (a)(2)(iv) when the
6     offense is committed on or after June 23, 2005 (the
7     effective date of Public Act 94-71) or subdivision
8     (a)(2)(v) when the offense is committed on or after the
9     effective date of this amendatory Act of the 95th General
10     Assembly, (ii) reckless homicide as defined in subsection
11     (e) of Section 9-3 of the Criminal Code of 1961 when the
12     offense is committed on or after January 1, 1999, or
13     aggravated driving under the influence of alcohol, other
14     drug or drugs, or intoxicating compound or compounds, or
15     any combination thereof as defined in subparagraph (F) of
16     paragraph (1) of subsection (d) of Section 11-501 of the
17     Illinois Vehicle Code, (iii) one of the offenses enumerated
18     in subdivision (a)(2.4) when the offense is committed on or
19     after July 15, 1999 (the effective date of Public Act
20     91-121), or (iv) aggravated arson when the offense is
21     committed on or after July 27, 2001 (the effective date of
22     Public Act 92-176).
23         (4) The rules and regulations shall also provide that
24     the good conduct credit accumulated and retained under
25     paragraph (2.1) of subsection (a) of this Section by any
26     inmate during specific periods of time in which such inmate

 

 

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1     is engaged full-time in substance abuse programs,
2     correctional industry assignments, or educational programs
3     provided by the Department under this paragraph (4) and
4     satisfactorily completes the assigned program as
5     determined by the standards of the Department, shall be
6     multiplied by a factor of 1.25 for program participation
7     before August 11, 1993 and 1.50 for program participation
8     on or after that date. However, no inmate shall be eligible
9     for the additional good conduct credit under this paragraph
10     (4) or (4.1) of this subsection (a) while assigned to a
11     boot camp or electronic detention, or if convicted of an
12     offense enumerated in subdivision (a)(2)(i), (ii), or
13     (iii) of this Section that is committed on or after June
14     19, 1998 or subdivision (a)(2)(iv) of this Section that is
15     committed on or after June 23, 2005 (the effective date of
16     Public Act 94-71) or subdivision (a)(2)(v) of this Section
17     that is committed on or after the effective date of this
18     amendatory Act of the 95th General Assembly, or if
19     convicted of reckless homicide as defined in subsection (e)
20     of Section 9-3 of the Criminal Code of 1961 if the offense
21     is committed on or after January 1, 1999, or aggravated
22     driving under the influence of alcohol, other drug or
23     drugs, or intoxicating compound or compounds, or any
24     combination thereof as defined in subparagraph (F) of
25     paragraph (1) of subsection (d) of Section 11-501 of the
26     Illinois Vehicle Code, or if convicted of an offense

 

 

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1     enumerated in paragraph (a)(2.4) of this Section that is
2     committed on or after July 15, 1999 (the effective date of
3     Public Act 91-121), or first degree murder, a Class X
4     felony, criminal sexual assault, felony criminal sexual
5     abuse, aggravated criminal sexual abuse, aggravated
6     battery with a firearm, or any predecessor or successor
7     offenses with the same or substantially the same elements,
8     or any inchoate offenses relating to the foregoing
9     offenses. No inmate shall be eligible for the additional
10     good conduct credit under this paragraph (4) who (i) has
11     previously received increased good conduct credit under
12     this paragraph (4) and has subsequently been convicted of a
13     felony, or (ii) has previously served more than one prior
14     sentence of imprisonment for a felony in an adult
15     correctional facility.
16         Educational, vocational, substance abuse and
17     correctional industry programs under which good conduct
18     credit may be increased under this paragraph (4) and
19     paragraph (4.1) of this subsection (a) shall be evaluated
20     by the Department on the basis of documented standards. The
21     Department shall report the results of these evaluations to
22     the Governor and the General Assembly by September 30th of
23     each year. The reports shall include data relating to the
24     recidivism rate among program participants.
25         Availability of these programs shall be subject to the
26     limits of fiscal resources appropriated by the General

 

 

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1     Assembly for these purposes. Eligible inmates who are
2     denied immediate admission shall be placed on a waiting
3     list under criteria established by the Department. The
4     inability of any inmate to become engaged in any such
5     programs by reason of insufficient program resources or for
6     any other reason established under the rules and
7     regulations of the Department shall not be deemed a cause
8     of action under which the Department or any employee or
9     agent of the Department shall be liable for damages to the
10     inmate.
11         (4.1) The rules and regulations shall also provide that
12     an additional 60 days of good conduct credit shall be
13     awarded to any prisoner who passes the high school level
14     Test of General Educational Development (GED) while the
15     prisoner is incarcerated. The good conduct credit awarded
16     under this paragraph (4.1) shall be in addition to, and
17     shall not affect, the award of good conduct under any other
18     paragraph of this Section, but shall also be pursuant to
19     the guidelines and restrictions set forth in paragraph (4)
20     of subsection (a) of this Section. The good conduct credit
21     provided for in this paragraph shall be available only to
22     those prisoners who have not previously earned a high
23     school diploma or a GED. If, after an award of the GED good
24     conduct credit has been made and the Department determines
25     that the prisoner was not eligible, then the award shall be
26     revoked.

 

 

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1         (4.5) The rules and regulations on early release shall
2     also provide that when the court's sentencing order
3     recommends a prisoner for substance abuse treatment and the
4     crime was committed on or after September 1, 2003 (the
5     effective date of Public Act 93-354), the prisoner shall
6     receive no good conduct credit awarded under clause (3) of
7     this subsection (a) unless he or she participates in and
8     completes a substance abuse treatment program. The
9     Director may waive the requirement to participate in or
10     complete a substance abuse treatment program and award the
11     good conduct credit in specific instances if the prisoner
12     is not a good candidate for a substance abuse treatment
13     program for medical, programming, or operational reasons.
14     Availability of substance abuse treatment shall be subject
15     to the limits of fiscal resources appropriated by the
16     General Assembly for these purposes. If treatment is not
17     available and the requirement to participate and complete
18     the treatment has not been waived by the Director, the
19     prisoner shall be placed on a waiting list under criteria
20     established by the Department. The Director may allow a
21     prisoner placed on a waiting list to participate in and
22     complete a substance abuse education class or attend
23     substance abuse self-help meetings in lieu of a substance
24     abuse treatment program. A prisoner on a waiting list who
25     is not placed in a substance abuse program prior to release
26     may be eligible for a waiver and receive good conduct

 

 

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1     credit under clause (3) of this subsection (a) at the
2     discretion of the Director.
3         (5) Whenever the Department is to release any inmate
4     earlier than it otherwise would because of a grant of good
5     conduct credit for meritorious service given at any time
6     during the term, the Department shall give reasonable
7     advance notice of the impending release to the State's
8     Attorney of the county where the prosecution of the inmate
9     took place.
10     (b) Whenever a person is or has been committed under
11 several convictions, with separate sentences, the sentences
12 shall be construed under Section 5-8-4 in granting and
13 forfeiting of good time.
14     (c) The Department shall prescribe rules and regulations
15 for revoking good conduct credit, or suspending or reducing the
16 rate of accumulation of good conduct credit for specific rule
17 violations, during imprisonment. These rules and regulations
18 shall provide that no inmate may be penalized more than one
19 year of good conduct credit for any one infraction.
20     When the Department seeks to revoke, suspend or reduce the
21 rate of accumulation of any good conduct credits for an alleged
22 infraction of its rules, it shall bring charges therefor
23 against the prisoner sought to be so deprived of good conduct
24 credits before the Prisoner Review Board as provided in
25 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
26 amount of credit at issue exceeds 30 days or when during any 12

 

 

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1 month period, the cumulative amount of credit revoked exceeds
2 30 days except where the infraction is committed or discovered
3 within 60 days of scheduled release. In those cases, the
4 Department of Corrections may revoke up to 30 days of good
5 conduct credit. The Board may subsequently approve the
6 revocation of additional good conduct credit, if the Department
7 seeks to revoke good conduct credit in excess of 30 days.
8 However, the Board shall not be empowered to review the
9 Department's decision with respect to the loss of 30 days of
10 good conduct credit within any calendar year for any prisoner
11 or to increase any penalty beyond the length requested by the
12 Department.
13     The Director of the Department of Corrections, in
14 appropriate cases, may restore up to 30 days good conduct
15 credits which have been revoked, suspended or reduced. Any
16 restoration of good conduct credits in excess of 30 days shall
17 be subject to review by the Prisoner Review Board. However, the
18 Board may not restore good conduct credit in excess of the
19 amount requested by the Director.
20     Nothing contained in this Section shall prohibit the
21 Prisoner Review Board from ordering, pursuant to Section
22 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23 sentence imposed by the court that was not served due to the
24 accumulation of good conduct credit.
25     (d) If a lawsuit is filed by a prisoner in an Illinois or
26 federal court against the State, the Department of Corrections,

 

 

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

 

 

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1         establishment of new law;
2             (D) the allegations and other factual contentions
3         do not have evidentiary support or, if specifically so
4         identified, are not likely to have evidentiary support
5         after a reasonable opportunity for further
6         investigation or discovery; or
7             (E) the denials of factual contentions are not
8         warranted on the evidence, or if specifically so
9         identified, are not reasonably based on a lack of
10         information or belief.
11         (2) "Lawsuit" means a petition for post-conviction
12     relief under Article 122 of the Code of Criminal Procedure
13     of 1963, a motion pursuant to Section 116-3 of the Code of
14     Criminal Procedure of 1963, a habeas corpus action under
15     Article X of the Code of Civil Procedure or under federal
16     law (28 U.S.C. 2254), a petition for claim under the Court
17     of Claims Act or an action under the federal Civil Rights
18     Act (42 U.S.C. 1983).
19     (e) Nothing in Public Act 90-592 or 90-593 affects the
20 validity of Public Act 89-404.
21 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
22 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
23 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.