95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2046

 

Introduced 2/7/2008, by Sen. Matt Murphy

 

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 who is serving a term of imprisonment for being an armed habitual criminal shall receive no good conduct credit and shall serve the entire sentence imposed by the court (rather than no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment). Effective January 1, 2009.


LRB095 18846 RLC 44974 b

 

 

A BILL FOR

 

SB2046 LRB095 18846 RLC 44974 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     (Text of Section after amendment by P.A. 95-585, 95-625,
8 and 95-640)
9     Sec. 3-6-3. Rules and Regulations for Early Release.
10         (a) (1) The Department of Corrections shall prescribe
11     rules and regulations for the early release on account of
12     good conduct of persons committed to the Department which
13     shall be subject to review by the Prisoner Review Board.
14         (2) The rules and regulations on early release shall
15     provide, with respect to offenses listed in clause (i),
16     (ii), or (iii) of this paragraph (2) committed on or after
17     June 19, 1998 or with respect to the offense listed in
18     clause (iv) of this paragraph (2) committed on or after
19     June 23, 2005 (the effective date of Public Act 94-71) or
20     with respect to offense listed in clause (vi) (v) committed
21     on or after June 1, 2008 (the effective date of Public Act
22     95-625) this amendatory Act of the 95th General Assembly or
23     clause (ii) of this paragraph (2) with respect to the

 

 

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1     offense of being an armed habitual criminal committed on or
2     after August 2, 2005 (the effective date of Public Act
3     94-398) and before the effective date of this amendatory
4     Act of the 95th General Assembly, or clause (i) of this
5     paragraph (2) with respect to the offense of being an armed
6     habitual criminal committed on or after the effective date
7     of this amendatory Act of the 95th General Assembly or with
8     respect to the offenses listed in clause (v) of this
9     paragraph (2) committed on or after August 13, 2007 (the
10     effective date of Public Act 95-134) this amendatory Act of
11     the 95th General Assembly, the following:
12             (i) that a prisoner who is serving a term of
13         imprisonment for first degree murder, for being an
14         armed habitual criminal, or for the offense of
15         terrorism shall receive no good conduct credit and
16         shall serve the entire sentence imposed by the court;
17             (ii) that a prisoner serving a sentence for attempt
18         to commit first degree murder, solicitation of murder,
19         solicitation of murder for hire, intentional homicide
20         of an unborn child, predatory criminal sexual assault
21         of a child, aggravated criminal sexual assault,
22         criminal sexual assault, aggravated kidnapping,
23         aggravated battery with a firearm, heinous battery,
24         being an armed habitual criminal, aggravated battery
25         of a senior citizen, or aggravated battery of a child
26         shall receive no more than 4.5 days of good conduct

 

 

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1         credit for each month of his or her sentence of
2         imprisonment;
3             (iii) that a prisoner serving a sentence for home
4         invasion, armed robbery, aggravated vehicular
5         hijacking, aggravated discharge of a firearm, or armed
6         violence with a category I weapon or category II
7         weapon, when the court has made and entered a finding,
8         pursuant to subsection (c-1) of Section 5-4-1 of this
9         Code, that the conduct leading to conviction for the
10         enumerated offense resulted in great bodily harm to a
11         victim, shall receive no more than 4.5 days of good
12         conduct credit for each month of his or her sentence of
13         imprisonment;
14             (iv) that a prisoner serving a sentence for
15         aggravated discharge of a firearm, whether or not the
16         conduct leading to conviction for the offense resulted
17         in great bodily harm to the victim, shall receive no
18         more than 4.5 days of good conduct credit for each
19         month of his or her sentence of imprisonment; and
20             (v) that a person serving a sentence for
21         gunrunning, narcotics racketeering, controlled
22         substance trafficking, methamphetamine trafficking,
23         drug-induced homicide, aggravated
24         methamphetamine-related child endangerment, money
25         laundering pursuant to clause (c) (4) or (5) of Section
26         29B-1 of the Criminal Code of 1961, or a Class X felony

 

 

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1         conviction for delivery of a controlled substance,
2         possession of a controlled substance with intent to
3         manufacture or deliver, calculated criminal drug
4         conspiracy, criminal drug conspiracy, street gang
5         criminal drug conspiracy, participation in
6         methamphetamine manufacturing, aggravated
7         participation in methamphetamine manufacturing,
8         delivery of methamphetamine, possession with intent to
9         deliver methamphetamine, aggravated delivery of
10         methamphetamine, aggravated possession with intent to
11         deliver methamphetamine, methamphetamine conspiracy
12         when the substance containing the controlled substance
13         or methamphetamine is 100 grams or more shall receive
14         no more than 7.5 days good conduct credit for each
15         month of his or her sentence of imprisonment; and .
16             (vi) (v) that a prisoner serving a sentence for a
17         second or subsequent offense of luring a minor shall
18         receive no more than 4.5 days of good conduct credit
19         for each month of his or her sentence of imprisonment.
20         (2.1) For all offenses, other than those enumerated in
21     subdivision (a)(2)(i), (ii), or (iii) committed on or after
22     June 19, 1998 or subdivision (a)(2)(iv) committed on or
23     after June 23, 2005 (the effective date of Public Act
24     94-71) or subdivision (a)(2)(v) committed on or after
25     August 13, 2007 (the effective date of Public Act 95-134)
26     this amendatory Act of the 95th General Assembly or

 

 

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1     subdivision (a)(2)(vi) (v) committed on or after June 1,
2     2008 (the effective date of Public Act 95-625) this
3     amendatory Act of the 95th General Assembly, and other than
4     the offense of reckless homicide as defined in subsection
5     (e) of Section 9-3 of the Criminal Code of 1961 committed
6     on or after January 1, 1999, or aggravated driving under
7     the influence of alcohol, other drug or drugs, or
8     intoxicating compound or compounds, or any combination
9     thereof as defined in subparagraph (F) of paragraph (1) of
10     subsection (d) of Section 11-501 of the Illinois Vehicle
11     Code, the rules and regulations shall provide that a
12     prisoner who is serving a term of imprisonment shall
13     receive one day of good conduct credit for each day of his
14     or her sentence of imprisonment or recommitment under
15     Section 3-3-9. Each day of good conduct credit shall reduce
16     by one day the prisoner's period of imprisonment or
17     recommitment under Section 3-3-9.
18         (2.2) A prisoner serving a term of natural life
19     imprisonment or a prisoner who has been sentenced to death
20     shall receive no good conduct credit.
21         (2.3) The rules and regulations on early release shall
22     provide that a prisoner who is serving a sentence for
23     reckless homicide as defined in subsection (e) of Section
24     9-3 of the Criminal Code of 1961 committed on or after
25     January 1, 1999, or aggravated driving under the influence
26     of alcohol, other drug or drugs, or intoxicating compound

 

 

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1     or compounds, or any combination thereof as defined in
2     subparagraph (F) of paragraph (1) of subsection (d) of
3     Section 11-501 of the Illinois Vehicle Code, shall receive
4     no more than 4.5 days of good conduct credit for each month
5     of his or her sentence of imprisonment.
6         (2.4) The rules and regulations on early release shall
7     provide with respect to the offenses of aggravated battery
8     with a machine gun or a firearm equipped with any device or
9     attachment designed or used for silencing the report of a
10     firearm or aggravated discharge of a machine gun or a
11     firearm equipped with any device or attachment designed or
12     used for silencing the report of a firearm, committed on or
13     after July 15, 1999 (the effective date of Public Act
14     91-121), that a prisoner serving a sentence for any of
15     these offenses shall receive no more than 4.5 days of good
16     conduct credit for each month of his or her sentence of
17     imprisonment.
18         (2.5) The rules and regulations on early release shall
19     provide that a prisoner who is serving a sentence for
20     aggravated arson committed on or after July 27, 2001 (the
21     effective date of Public Act 92-176) shall receive no more
22     than 4.5 days of good conduct credit for each month of his
23     or her sentence of imprisonment.
24         (3) The rules and regulations shall also provide that
25     the Director may award up to 180 days additional good
26     conduct credit for meritorious service in specific

 

 

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1     instances as the Director deems proper; except that no more
2     than 90 days of good conduct credit for meritorious service
3     shall be awarded to any prisoner who is serving a sentence
4     for conviction of first degree murder, reckless homicide
5     while under the influence of alcohol or any other drug, or
6     aggravated driving under the influence of alcohol, other
7     drug or drugs, or intoxicating compound or compounds, or
8     any combination thereof as defined in subparagraph (F) of
9     paragraph (1) of subsection (d) of Section 11-501 of the
10     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
11     predatory criminal sexual assault of a child, aggravated
12     criminal sexual assault, criminal sexual assault, deviate
13     sexual assault, aggravated criminal sexual abuse,
14     aggravated indecent liberties with a child, indecent
15     liberties with a child, child pornography, heinous
16     battery, aggravated battery of a spouse, aggravated
17     battery of a spouse with a firearm, stalking, aggravated
18     stalking, aggravated battery of a child, endangering the
19     life or health of a child, or cruelty to a child.
20     Notwithstanding the foregoing, good conduct credit for
21     meritorious service shall not be awarded on a sentence of
22     imprisonment imposed for conviction of: (i) one of the
23     offenses enumerated in subdivision (a)(2)(i), (ii), or
24     (iii) when the offense is committed on or after June 19,
25     1998 or subdivision (a)(2)(iv) when the offense is
26     committed on or after June 23, 2005 (the effective date of

 

 

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1     Public Act 94-71) or subdivision (a)(2)(v) when the offense
2     is committed on or after August 13, 2007 (the effective
3     date of Public Act 95-134) this amendatory Act of the 95th
4     General Assembly or subdivision (a)(2)(vi) (v) when the
5     offense is committed on or after June 1, 2008 (the
6     effective date of Public Act 95-625) this amendatory Act of
7     the 95th General Assembly, (ii) reckless homicide as
8     defined in subsection (e) of Section 9-3 of the Criminal
9     Code of 1961 when the offense is committed on or after
10     January 1, 1999, or aggravated driving under the influence
11     of alcohol, other drug or drugs, or intoxicating compound
12     or compounds, or any combination thereof as defined in
13     subparagraph (F) of paragraph (1) of subsection (d) of
14     Section 11-501 of the Illinois Vehicle Code, (iii) one of
15     the offenses enumerated in subdivision (a)(2.4) when the
16     offense is committed on or after July 15, 1999 (the
17     effective date of Public Act 91-121), or (iv) aggravated
18     arson when the offense is committed on or after July 27,
19     2001 (the effective date of Public Act 92-176).
20         (4) The rules and regulations shall also provide that
21     the good conduct credit accumulated and retained under
22     paragraph (2.1) of subsection (a) of this Section by any
23     inmate during specific periods of time in which such inmate
24     is engaged full-time in substance abuse programs,
25     correctional industry assignments, or educational programs
26     provided by the Department under this paragraph (4) and

 

 

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1     satisfactorily completes the assigned program as
2     determined by the standards of the Department, shall be
3     multiplied by a factor of 1.25 for program participation
4     before August 11, 1993 and 1.50 for program participation
5     on or after that date. However, no inmate shall be eligible
6     for the additional good conduct credit under this paragraph
7     (4) or (4.1) of this subsection (a) while assigned to a
8     boot camp or electronic detention, or if convicted of an
9     offense enumerated in subdivision (a)(2)(i), (ii), or
10     (iii) of this Section that is committed on or after June
11     19, 1998 or subdivision (a)(2)(iv) of this Section that is
12     committed on or after June 23, 2005 (the effective date of
13     Public Act 94-71) or subdivision (a)(2)(v) of this Section
14     that is committed on or after August 13, 2007 (the
15     effective date of Public Act 95-134) this amendatory Act of
16     the 95th General Assembly or subdivision (a)(2)(vi) (v)
17     when the offense is committed on or after June 1, 2008 (the
18     effective date of Public Act 95-625) this amendatory Act of
19     the 95th General Assembly, or if convicted of reckless
20     homicide as defined in subsection (e) of Section 9-3 of the
21     Criminal Code of 1961 if the offense is committed on or
22     after January 1, 1999, or aggravated driving under the
23     influence of alcohol, other drug or drugs, or intoxicating
24     compound or compounds, or any combination thereof as
25     defined in subparagraph (F) of paragraph (1) of subsection
26     (d) of Section 11-501 of the Illinois Vehicle Code, or if

 

 

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1     convicted of an offense enumerated in paragraph (a)(2.4) of
2     this Section that is committed on or after July 15, 1999
3     (the effective date of Public Act 91-121), or first degree
4     murder, a Class X felony, criminal sexual assault, felony
5     criminal sexual abuse, aggravated criminal sexual abuse,
6     aggravated battery with a firearm, or any predecessor or
7     successor offenses with the same or substantially the same
8     elements, or any inchoate offenses relating to the
9     foregoing offenses. No inmate shall be eligible for the
10     additional good conduct credit under this paragraph (4) who
11     (i) has previously received increased good conduct credit
12     under this paragraph (4) and has subsequently been
13     convicted of a felony, or (ii) has previously served more
14     than one prior sentence of imprisonment for a felony in an
15     adult 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         (4.6) The rules and regulations on early release shall
4     also provide that a prisoner who has been convicted of a
5     sex offense as defined in Section 2 of the Sex Offender
6     Registration Act shall receive no good conduct credit
7     unless he or she either has successfully completed or is
8     participating in sex offender treatment as defined by the
9     Sex Offender Management Board. However, prisoners who are
10     waiting to receive such treatment, but who are unable to do
11     so due solely to the lack of resources on the part of the
12     Department, may, at the Director's sole discretion, be
13     awarded good conduct credit at such rate as the Director
14     shall determine.
15         (5) Whenever the Department is to release any inmate
16     earlier than it otherwise would because of a grant of good
17     conduct credit for meritorious service given at any time
18     during the term, the Department shall give reasonable
19     advance notice of the impending release to the State's
20     Attorney of the county where the prosecution of the inmate
21     took place.
22     (b) Whenever a person is or has been committed under
23 several convictions, with separate sentences, the sentences
24 shall be construed under Section 5-8-4 in granting and
25 forfeiting of good time.
26     (c) The Department shall prescribe rules and regulations

 

 

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

 

 

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1 credits which have been revoked, suspended or reduced. Any
2 restoration of good conduct credits in excess of 30 days shall
3 be subject to review by the Prisoner Review Board. However, the
4 Board may not restore good conduct credit in excess of the
5 amount requested by the Director.
6     Nothing contained in this Section shall prohibit the
7 Prisoner Review Board from ordering, pursuant to Section
8 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
9 sentence imposed by the court that was not served due to the
10 accumulation of good conduct credit.
11     (d) If a lawsuit is filed by a prisoner in an Illinois or
12 federal court against the State, the Department of Corrections,
13 or the Prisoner Review Board, or against any of their officers
14 or employees, and the court makes a specific finding that a
15 pleading, motion, or other paper filed by the prisoner is
16 frivolous, the Department of Corrections shall conduct a
17 hearing to revoke up to 180 days of good conduct credit by
18 bringing charges against the prisoner sought to be deprived of
19 the good conduct credits before the Prisoner Review Board as
20 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
21 If the prisoner has not accumulated 180 days of good conduct
22 credit at the time of the finding, then the Prisoner Review
23 Board may revoke all good conduct credit accumulated by the
24 prisoner.
25     For purposes of this subsection (d):
26         (1) "Frivolous" means that a pleading, motion, or other

 

 

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1     filing which purports to be a legal document filed by a
2     prisoner in his or her lawsuit meets any or all of the
3     following criteria:
4             (A) it lacks an arguable basis either in law or in
5         fact;
6             (B) it is being presented for any improper purpose,
7         such as to harass or to cause unnecessary delay or
8         needless increase in the cost of litigation;
9             (C) the claims, defenses, and other legal
10         contentions therein are not warranted by existing law
11         or by a nonfrivolous argument for the extension,
12         modification, or reversal of existing law or the
13         establishment of new law;
14             (D) the allegations and other factual contentions
15         do not have evidentiary support or, if specifically so
16         identified, are not likely to have evidentiary support
17         after a reasonable opportunity for further
18         investigation or discovery; or
19             (E) the denials of factual contentions are not
20         warranted on the evidence, or if specifically so
21         identified, are not reasonably based on a lack of
22         information or belief.
23         (2) "Lawsuit" means a motion pursuant to Section 116-3
24     of the Code of Criminal Procedure of 1963, a habeas corpus
25     action under Article X of the Code of Civil Procedure or
26     under federal law (28 U.S.C. 2254), a petition for claim

 

 

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1     under the Court of Claims Act, an action under the federal
2     Civil Rights Act (42 U.S.C. 1983), or a second or
3     subsequent petition for post-conviction relief under
4     Article 122 of the Code of Criminal Procedure of 1963
5     whether filed with or without leave of court or a second or
6     subsequent petition for relief from judgment under Section
7     2-1401 of the Code of Civil Procedure.
8     (e) Nothing in Public Act 90-592 or 90-593 affects the
9 validity of Public Act 89-404.
10 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
11 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
12 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
13 eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
 
14     Section 99. Effective date. This Act takes effect January
15 1, 2009.