SB3467 Engrossed LRB096 20615 RLC 36324 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 Sexually Violent Persons Commitment Act is
5 amended by changing Sections 15, 25, 40, 60, and 65 as follows:
 
6     (725 ILCS 207/15)
7     Sec. 15. Sexually violent person petition; contents;
8 filing.
9     (a) A petition alleging that a person is a sexually violent
10 person must be filed before the release or discharge of the
11 person or within 30 days of placement onto parole or mandatory
12 supervised release for an offense enumerated in paragraph (e)
13 of Section 5 of this Act. A petition may be filed by the
14 following: may be filed by:
15         (1) The Attorney General on his or her own motion,
16     after consulting with and advising the State's Attorney of
17     the county in which the person was convicted of a sexually
18     violent offense, adjudicated delinquent for a sexually
19     violent offense or found not guilty of or not responsible
20     for a sexually violent offense by reason of insanity,
21     mental disease, or mental defect; or , at the request of the
22     agency with jurisdiction over the person, as defined in
23     subsection (a) of Section 10 of this Act, or on his or her

 

 

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1     own motion. If the Attorney General, after consulting with
2     and advising the State's Attorney of the county referenced
3     in paragraph (a)(2) of this Section, decides to file a
4     petition under this Section, he or she shall file the
5     petition before the release or discharge of the person or
6     within 30 days of placement onto parole or mandatory
7     supervised release for an offense enumerated in paragraph
8     (e) of Section 5 of this Act.
9         (2) The State's Attorney of the county referenced in
10     paragraph (1)(a)(1) of this Section, on his or her own
11     motion; or If the Attorney General does not file a petition
12     under this Section, the State's Attorney of the county in
13     which the person was convicted of a sexually violent
14     offense, adjudicated delinquent for a sexually violent
15     offense or found not guilty of or not responsible for a
16     sexually violent offense by reason of insanity, mental
17     disease, or mental defect may file a petition.
18         (3) The Attorney General and the State's Attorney of
19     the county referenced in paragraph (1)(a)(1) of this
20     Section may jointly file a petition on their own motion; or
21         (4) A petition may be filed at the request of the
22     agency with jurisdiction over the person, as defined in
23     subsection (a) of Section 10 of this Act, by:
24             (a) the Attorney General;
25             (b) the State's Attorney of the county referenced
26         in paragraph (1)(a)(1) of this Section; or

 

 

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1             (c) the Attorney General and the State's Attorney
2         jointly. The Attorney General and the State's Attorney
3         referenced in paragraph (a)(2) of this Section
4         jointly.
5     (b) A petition filed under this Section shall allege that
6 all of the following apply to the person alleged to be a
7 sexually violent person:
8         (1) The person satisfies any of the following criteria:
9             (A) The person has been convicted of a sexually
10         violent offense;
11             (B) The person has been found delinquent for a
12         sexually violent offense; or
13             (C) The person has been found not guilty of a
14         sexually violent offense by reason of insanity, mental
15         disease, or mental defect.
16         (2) (Blank).
17         (3) (Blank).
18         (4) The person has a mental disorder.
19         (5) The person is dangerous to others because the
20     person's mental disorder creates a substantial probability
21     that he or she will engage in acts of sexual violence.
22     (b-5) The petition must be filed no more than 90 days
23 before discharge or entry into mandatory supervised release
24 from a Department of Corrections or the Department of Juvenile
25 Justice correctional facility for a sentence that was imposed
26 upon a conviction for a sexually violent offense. For inmates

 

 

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1 sentenced under the law in effect prior to February 1, 1978,
2 the petition shall be filed no more than 90 days after the
3 Prisoner Review Board's order granting parole pursuant to
4 Section 3-3-5 of the Unified Code of Corrections.
5     (b-6) The petition must be filed no more than 90 days
6 before discharge or release:
7         (1) from a Department of Juvenile Justice juvenile
8     correctional facility if the person was placed in the
9     facility for being adjudicated delinquent under Section
10     5-20 of the Juvenile Court Act of 1987 or found guilty
11     under Section 5-620 of that Act on the basis of a sexually
12     violent offense; or
13         (2) from a commitment order that was entered as a
14     result of a sexually violent offense.
15     (b-7) A person convicted of a sexually violent offense
16 remains eligible for commitment as a sexually violent person
17 pursuant to this Act under the following circumstances: (1) the
18 person is in custody for a sentence that is being served
19 concurrently or consecutively with a sexually violent offense;
20 (2) the person returns to the custody of the Illinois
21 Department of Corrections or the Department of Juvenile Justice
22 for any reason during the term of parole or mandatory
23 supervised release being served for a sexually violent offense;
24 or (3) the person is convicted or adjudicated delinquent for
25 any offense committed during the term of parole or mandatory
26 supervised release being served for a sexually violent offense,

 

 

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1 regardless of whether that conviction or adjudication was for a
2 sexually violent offense.
3     (c) A petition filed under this Section shall state with
4 particularity essential facts to establish probable cause to
5 believe the person is a sexually violent person. If the
6 petition alleges that a sexually violent offense or act that is
7 a basis for the allegation under paragraph (b)(1) of this
8 Section was an act that was sexually motivated as provided
9 under paragraph (e)(2) of Section 5 of this Act, the petition
10 shall state the grounds on which the offense or act is alleged
11 to be sexually motivated.
12     (d) A petition under this Section shall be filed in either
13 of the following:
14         (1) The circuit court for the county in which the
15     person was convicted of a sexually violent offense,
16     adjudicated delinquent for a sexually violent offense or
17     found not guilty of a sexually violent offense by reason of
18     insanity, mental disease or mental defect.
19         (2) The circuit court for the county in which the
20     person is in custody under a sentence, a placement to a
21     Department of Corrections correctional facility or a
22     Department of Juvenile Justice juvenile correctional
23     facility, or a commitment order.
24     (e) The filing of a petition under this Act shall toll the
25 running of the term of parole or mandatory supervised release
26 until:

 

 

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1         (1) dismissal of the petition filed under this Act;
2         (2) a finding by a judge or jury that the respondent is
3     not a sexually violent person; or
4         (3) the sexually violent person is discharged under
5     Section 65 of this Act, unless the person has successfully
6     completed a period of conditional release pursuant to
7     Section 60 of this Act.
8     (f) The State has the right to have the person evaluated by
9 experts chosen by the State. The agency with jurisdiction as
10 defined in Section 10 of this Act shall allow the expert
11 reasonable access to the person for purposes of examination, to
12 the person's records, and to past and present treatment
13 providers and any other staff members relevant to the
14 examination.
15 (Source: P.A. 94-696, eff. 6-1-06; 94-992, eff. 1-1-07.)
 
16     (725 ILCS 207/25)
17     Sec. 25. Rights of persons subject to petition.
18     (a) Any person who is the subject of a petition filed under
19 Section 15 of this Act shall be served with a copy of the
20 petition in accordance with the Civil Practice Law.
21     (b) The circuit court in which a petition under Section 15
22 of this Act is filed shall conduct all hearings under this Act.
23 The court shall give the person who is the subject of the
24 petition reasonable notice of the time and place of each such
25 hearing. The court may designate additional persons to receive

 

 

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1 these notices.
2     (c) Except as provided in paragraph (b)(1) of Section 65
3 and Section 70 of this Act, at any hearing conducted under this
4 Act, the person who is the subject of the petition has the
5 right:
6         (1) To be present and to be represented by counsel. If
7     the person is indigent, the court shall appoint counsel.
8         (2) To remain silent.
9         (3) To present and cross-examine witnesses.
10         (4) To have the hearing recorded by a court reporter.
11     (d) The person who is the subject of the petition, the
12 person's attorney, the Attorney General or the State's Attorney
13 may request that a trial under Section 35 of this Act be to a
14 jury. A verdict of a jury under this Act is not valid unless it
15 is unanimous.
16     (e) Whenever the person who is the subject of the petition
17 is required to submit to an examination under this Act, he or
18 she may retain experts or professional persons to perform an
19 examination. The State has the right to have the person
20 evaluated by an expert chosen by the State. All examiners
21 retained by or appointed for any party If the person retains a
22 qualified expert or professional person of his or her own
23 choice to conduct an examination, the examiner shall have
24 reasonable access to the person for the purpose of the
25 examination, as well as to the person's past and present
26 treatment records and patient health care records. If the

 

 

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1 person is indigent, the court shall, upon the person's request,
2 appoint a qualified and available expert or professional person
3 to perform an examination. Upon the order of the circuit court,
4 the county shall pay, as part of the costs of the action, the
5 costs of a court-appointed expert or professional person to
6 perform an examination and participate in the trial on behalf
7 of an indigent person.
8 (Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
 
9     (725 ILCS 207/40)
10     Sec. 40. Commitment.
11     (a) If a court or jury determines that the person who is
12 the subject of a petition under Section 15 of this Act is a
13 sexually violent person, the court shall order the person to be
14 committed to the custody of the Department for control, care
15 and treatment until such time as the person is no longer a
16 sexually violent person.
17     (b) (1) The court shall enter an initial commitment order
18     under this Section pursuant to a hearing held as soon as
19     practicable after the judgment is entered that the person
20     who is the subject of a petition under Section 15 is a
21     sexually violent person. If the court lacks sufficient
22     information to make the determination required by
23     paragraph (b)(2) of this Section immediately after trial,
24     it may adjourn the hearing and order the Department to
25     conduct a predisposition investigation or a supplementary

 

 

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1     mental examination, or both, to assist the court in framing
2     the commitment order. If the Department's examining
3     evaluator previously rendered an opinion that the person
4     who is the subject of a petition under Section 15 does not
5     meet the criteria to be found a sexually violent person,
6     then another evaluator shall conduct the predisposition
7     investigation and/or supplementary mental examination. A
8     supplementary mental examination under this Section shall
9     be conducted in accordance with Section 3-804 of the Mental
10     Health and Developmental Disabilities Code. The State has
11     the right to have the person evaluated by experts chosen by
12     the State.
13         (2) An order for commitment under this Section shall
14     specify either institutional care in a secure facility, as
15     provided under Section 50 of this Act, or conditional
16     release. In determining whether commitment shall be for
17     institutional care in a secure facility or for conditional
18     release, the court shall consider the nature and
19     circumstances of the behavior that was the basis of the
20     allegation in the petition under paragraph (b)(1) of
21     Section 15, the person's mental history and present mental
22     condition, where the person will live, how the person will
23     support himself or herself, and what arrangements are
24     available to ensure that the person has access to and will
25     participate in necessary treatment. All treatment, whether
26     in institutional care, in a secure facility, or while on

 

 

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1     conditional release, shall be conducted in conformance
2     with the standards developed under the Sex Offender
3     Management Board Act and conducted by a treatment provider
4     approved by the Board. The Department shall arrange for
5     control, care and treatment of the person in the least
6     restrictive manner consistent with the requirements of the
7     person and in accordance with the court's commitment order.
8         (3) If the court finds that the person is appropriate
9     for conditional release, the court shall notify the
10     Department. The Department shall prepare a plan that
11     identifies the treatment and services, if any, that the
12     person will receive in the community. The plan shall
13     address the person's need, if any, for supervision,
14     counseling, medication, community support services,
15     residential services, vocational services, and alcohol or
16     other drug abuse treatment. The Department may contract
17     with a county health department, with another public agency
18     or with a private agency to provide the treatment and
19     services identified in the plan. The plan shall specify who
20     will be responsible for providing the treatment and
21     services identified in the plan. The plan shall be
22     presented to the court for its approval within 60 days
23     after the court finding that the person is appropriate for
24     conditional release, unless the Department and the person
25     to be released request additional time to develop the plan.
26     The conditional release program operated under this

 

 

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1     Section is not subject to the provisions of the Mental
2     Health and Developmental Disabilities Confidentiality Act.
3         (4) An order for conditional release places the person
4     in the custody and control of the Department. A person on
5     conditional release is subject to the conditions set by the
6     court and to the rules of the Department. Before a person
7     is placed on conditional release by the court under this
8     Section, the court shall so notify the municipal police
9     department and county sheriff for the municipality and
10     county in which the person will be residing. The
11     notification requirement under this Section does not apply
12     if a municipal police department or county sheriff submits
13     to the court a written statement waiving the right to be
14     notified. Notwithstanding any other provision in the Act,
15     the person being supervised on conditional release shall
16     not reside at the same street address as another sex
17     offender being supervised on conditional release under
18     this Act, mandatory supervised release, parole, probation,
19     or any other manner of supervision. If the Department
20     alleges that a released person has violated any condition
21     or rule, or that the safety of others requires that
22     conditional release be revoked, he or she may be taken into
23     custody under the rules of the Department.
24         At any time during which the person is on conditional
25     release, if the Department determines that the person has
26     violated any condition or rule, or that the safety of

 

 

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1     others requires that conditional release be revoked, the
2     Department may request the Attorney General or State's
3     Attorney to request the court to issue an emergency ex
4     parte order directing any law enforcement officer to take
5     the person into custody and transport the person to the
6     county jail. The Department may request, or the Attorney
7     General or State's Attorney may request independently of
8     the Department, that a petition to revoke conditional
9     release be filed. When a petition is filed, the court may
10     order the Department to issue a notice to the person to be
11     present at the Department or other agency designated by the
12     court, order a summons to the person to be present, or
13     order a body attachment for all law enforcement officers to
14     take the person into custody and transport him or her to
15     the county jail, hospital, or treatment facility. The
16     Department shall submit a statement showing probable cause
17     of the detention and a petition to revoke the order for
18     conditional release to the committing court within 48 hours
19     after the detention. The court shall hear the petition
20     within 30 days, unless the hearing or time deadline is
21     waived by the detained person. Pending the revocation
22     hearing, the Department may detain the person in a jail, in
23     a hospital or treatment facility. The State has the burden
24     of proving by clear and convincing evidence that any rule
25     or condition of release has been violated, or that the
26     safety of others requires that the conditional release be

 

 

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1     revoked. If the court determines after hearing that any
2     rule or condition of release has been violated, or that the
3     safety of others requires that conditional release be
4     revoked, it may revoke the order for conditional release
5     and order that the released person be placed in an
6     appropriate institution until the person is discharged
7     from the commitment under Section 65 of this Act or until
8     again placed on conditional release under Section 60 of
9     this Act.
10         (5) An order for conditional release places the person
11     in the custody, care, and control of the Department. The
12     court shall order the person be subject to the following
13     rules of conditional release, in addition to any other
14     conditions ordered, and the person shall be given a
15     certificate setting forth the conditions of conditional
16     release. These conditions shall be that the person:
17             (A) not violate any criminal statute of any
18         jurisdiction;
19             (B) report to or appear in person before such
20         person or agency as directed by the court and the
21         Department;
22             (C) refrain from possession of a firearm or other
23         dangerous weapon;
24             (D) not leave the State without the consent of the
25         court or, in circumstances in which the reason for the
26         absence is of such an emergency nature, that prior

 

 

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1         consent by the court is not possible without the prior
2         notification and approval of the Department;
3             (E) at the direction of the Department, notify
4         third parties of the risks that may be occasioned by
5         his or her criminal record or sexual offending history
6         or characteristics, and permit the supervising officer
7         or agent to make the notification requirement;
8             (F) attend and fully participate in assessment,
9         treatment, and behavior monitoring including, but not
10         limited to, medical, psychological or psychiatric
11         treatment specific to sexual offending, drug
12         addiction, or alcoholism, to the extent appropriate to
13         the person based upon the recommendation and findings
14         made in the Department evaluation or based upon any
15         subsequent recommendations by the Department;
16             (G) waive confidentiality allowing the court and
17         Department access to assessment or treatment results
18         or both;
19             (H) work regularly at a Department approved
20         occupation or pursue a course of study or vocational
21         training and notify the Department within 72 hours of
22         any change in employment, study, or training;
23             (I) not be employed or participate in any volunteer
24         activity that involves contact with children, except
25         under circumstances approved in advance and in writing
26         by the Department officer;

 

 

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1             (J) submit to the search of his or her person,
2         residence, vehicle, or any personal or real property
3         under his or her control at any time by the Department;
4             (K) financially support his or her dependents and
5         provide the Department access to any requested
6         financial information;
7             (L) serve a term of home confinement, the
8         conditions of which shall be that the person:
9                 (i) remain within the interior premises of the
10             place designated for his or her confinement during
11             the hours designated by the Department;
12                 (ii) admit any person or agent designated by
13             the Department into the offender's place of
14             confinement at any time for purposes of verifying
15             the person's compliance with the condition of his
16             or her confinement;
17                 (iii) if deemed necessary by the Department,
18             be placed on an electronic monitoring device;
19             (M) comply with the terms and conditions of an
20         order of protection issued by the court pursuant to the
21         Illinois Domestic Violence Act of 1986. A copy of the
22         order of protection shall be transmitted to the
23         Department by the clerk of the court;
24             (N) refrain from entering into a designated
25         geographic area except upon terms the Department finds
26         appropriate. The terms may include consideration of

 

 

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1         the purpose of the entry, the time of day, others
2         accompanying the person, and advance approval by the
3         Department;
4             (O) refrain from having any contact, including
5         written or oral communications, directly or
6         indirectly, with certain specified persons including,
7         but not limited to, the victim or the victim's family,
8         and report any incidental contact with the victim or
9         the victim's family to the Department within 72 hours;
10         refrain from entering onto the premises of, traveling
11         past, or loitering near the victim's residence, place
12         of employment, or other places frequented by the
13         victim;
14             (P) refrain from having any contact, including
15         written or oral communications, directly or
16         indirectly, with particular types of persons,
17         including but not limited to members of street gangs,
18         drug users, drug dealers, or prostitutes;
19             (Q) refrain from all contact, direct or indirect,
20         personally, by telephone, letter, or through another
21         person, with minor children without prior
22         identification and approval of the Department;
23             (R) refrain from having in his or her body the
24         presence of alcohol or any illicit drug prohibited by
25         the Cannabis Control Act, the Illinois Controlled
26         Substances Act, or the Methamphetamine Control and

 

 

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1         Community Protection Act, unless prescribed by a
2         physician, and submit samples of his or her breath,
3         saliva, blood, or urine for tests to determine the
4         presence of alcohol or any illicit drug;
5             (S) not establish a dating, intimate, or sexual
6         relationship with a person without prior written
7         notification to the Department;
8             (T) neither possess or have under his or her
9         control any material that is pornographic, sexually
10         oriented, or sexually stimulating, or that depicts or
11         alludes to sexual activity or depicts minors under the
12         age of 18, including but not limited to visual,
13         auditory, telephonic, electronic media, or any matter
14         obtained through access to any computer or material
15         linked to computer access use;
16             (U) not patronize any business providing sexually
17         stimulating or sexually oriented entertainment nor
18         utilize "900" or adult telephone numbers or any other
19         sex-related telephone numbers;
20             (V) not reside near, visit, or be in or about
21         parks, schools, day care centers, swimming pools,
22         beaches, theaters, or any other places where minor
23         children congregate without advance approval of the
24         Department and report any incidental contact with
25         minor children to the Department within 72 hours;
26             (W) not establish any living arrangement or

 

 

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1         residence without prior approval of the Department;
2             (X) not publish any materials or print any
3         advertisements without providing a copy of the
4         proposed publications to the Department officer and
5         obtaining permission prior to publication;
6             (Y) not leave the county except with prior
7         permission of the Department and provide the
8         Department officer or agent with written travel routes
9         to and from work and any other designated destinations;
10             (Z) not possess or have under his or her control
11         certain specified items of contraband related to the
12         incidence of sexually offending items including video
13         or still camera items or children's toys;
14             (AA) provide a written daily log of activities as
15         directed by the Department;
16             (BB) comply with all other special conditions that
17         the Department may impose that restrict the person from
18         high-risk situations and limit access or potential
19         victims.
20         (6) A person placed on conditional release and who
21     during the term undergoes mandatory drug or alcohol testing
22     or is assigned to be placed on an approved electronic
23     monitoring device may be ordered to pay all costs
24     incidental to the mandatory drug or alcohol testing and all
25     costs incidental to the approved electronic monitoring in
26     accordance with the person's ability to pay those costs.

 

 

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1     The Department may establish reasonable fees for the cost
2     of maintenance, testing, and incidental expenses related
3     to the mandatory drug or alcohol testing and all costs
4     incidental to approved electronic monitoring.
5 (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
6     (725 ILCS 207/60)
7     Sec. 60. Petition for conditional release.
8     (a) Any person who is committed for institutional care in a
9 secure facility or other facility under Section 40 of this Act
10 may petition the committing court to modify its order by
11 authorizing conditional release if at least 6 months have
12 elapsed since the initial commitment order was entered, an
13 order continuing commitment was entered pursuant to Section 65,
14 the most recent release petition was denied or the most recent
15 order for conditional release was revoked. The director of the
16 facility at which the person is placed may file a petition
17 under this Section on the person's behalf at any time. If the
18 evaluator on behalf of the Department recommends that the
19 committed person is appropriate for conditional release, then
20 the director or designee shall, within 30 days of receipt of
21 the evaluator's report, file with the committing court notice
22 of his or her intention whether or not to petition for
23 conditional release on the committed person's behalf.
24     (b) If the person files a timely petition without counsel,
25 the court shall serve a copy of the petition on the Attorney

 

 

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1 General or State's Attorney, whichever is applicable and,
2 subject to paragraph (c)(1) of Section 25 of this Act, appoint
3 counsel. If the person petitions through counsel, his or her
4 attorney shall serve the Attorney General or State's Attorney,
5 whichever is applicable.
6     (c) Within 20 days after receipt of the petition, upon the
7 request of the committed person or on the court's own motion,
8 the court may shall appoint an examiner one or more examiners
9 having the specialized knowledge determined by the court to be
10 appropriate, who shall examine the mental condition of the
11 person and furnish a written report of the examination to the
12 court within 30 days after appointment. The examiners shall
13 have reasonable access to the person for purposes of
14 examination and to the person's past and present treatment
15 records and patient health care records. If any such examiner
16 believes that the person is appropriate for conditional
17 release, the examiner shall report on the type of treatment and
18 services that the person may need while in the community on
19 conditional release. The State has the right to have the person
20 evaluated by experts chosen by the State. Any examination or
21 evaluation conducted under this Section shall be in conformance
22 with the standards developed under the Sex Offender Management
23 Board Act and conducted by an evaluator approved by the Board.
24 The court shall set a probable cause hearing as soon as
25 practical after the examiners' reports are examiner's report is
26 filed. The probable cause hearing shall consist of a review of

 

 

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1 the examining evaluators' reports and arguments on behalf of
2 the parties. If the court determines at the probable cause
3 hearing that cause exists to believe that it is not
4 substantially probable that the person will engage in acts of
5 sexual violence if on release or conditional release, the court
6 shall set a hearing on the issue.
7     (d) The court, without a jury, shall hear the petition as
8 soon as practical within 30 days after the reports report of
9 all examiners are the court-appointed examiner is filed with
10 the court, unless the petitioner waives this time limit. The
11 court shall grant the petition unless the State proves by clear
12 and convincing evidence that the person has not made sufficient
13 progress to be conditionally released. In making a decision
14 under this subsection, the court must consider the nature and
15 circumstances of the behavior that was the basis of the
16 allegation in the petition under paragraph (b)(1) of Section 15
17 of this Act, the person's mental history and present mental
18 condition, where the person will live, how the person will
19 support himself or herself and what arrangements are available
20 to ensure that the person has access to and will participate in
21 necessary treatment.
22     (e) Before the court may enter an order directing
23 conditional release to a less restrictive alternative it must
24 find the following: (1) the person will be treated by a
25 Department approved treatment provider, (2) the treatment
26 provider has presented a specific course of treatment and has

 

 

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1 agreed to assume responsibility for the treatment and will
2 report progress to the Department on a regular basis, and will
3 report violations immediately to the Department, consistent
4 with treatment and supervision needs of the respondent, (3)
5 housing exists that is sufficiently secure to protect the
6 community, and the person or agency providing housing to the
7 conditionally released person has agreed in writing to accept
8 the person, to provide the level of security required by the
9 court, and immediately to report to the Department if the
10 person leaves the housing to which he or she has been assigned
11 without authorization, (4) the person is willing to or has
12 agreed to comply with the treatment provider, the Department,
13 and the court, and (5) the person has agreed or is willing to
14 agree to comply with the behavioral monitoring requirements
15 imposed by the court and the Department.
16     (f) If the court finds that the person is appropriate for
17 conditional release, the court shall notify the Department. The
18 Department shall prepare a plan that identifies the treatment
19 and services, if any, that the person will receive in the
20 community. The plan shall address the person's need, if any,
21 for supervision, counseling, medication, community support
22 services, residential services, vocational services, and
23 alcohol or other drug abuse treatment. The Department may
24 contract with a county health department, with another public
25 agency or with a private agency to provide the treatment and
26 services identified in the plan. The plan shall specify who

 

 

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1 will be responsible for providing the treatment and services
2 identified in the plan. The plan shall be presented to the
3 court for its approval within 60 days after the court finding
4 that the person is appropriate for conditional release, unless
5 the Department and the person to be released request additional
6 time to develop the plan.
7     (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
8 of Section 40 of this Act apply to an order for conditional
9 release issued under this Section.
10 (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04;
11 93-885, eff. 8-6-04.)
 
12     (725 ILCS 207/65)
13     Sec. 65. Petition for discharge; procedure.
14     (a)(1) If the Secretary determines at any time that a
15 person committed under this Act is no longer a sexually violent
16 person, the Secretary shall authorize the person to petition
17 the committing court for discharge. If the evaluator on behalf
18 of the Department recommends that the committed person is no
19 longer a sexually violent person, then the Secretary or
20 designee shall, within 30 days of receipt of the evaluator's
21 report, file with the committing court notice of his or her
22 determination whether or not to authorize the committed person
23 to petition the committing court for discharge. The person
24 shall file the petition with the court and serve a copy upon
25 the Attorney General or the State's Attorney's office that

 

 

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1 filed the petition under subsection (a) of Section 15 of this
2 Act, whichever is applicable. The court, upon receipt of the
3 petition for discharge, shall order a hearing to be held as
4 soon as practical within 45 days after the date of receipt of
5 the petition.
6     (2) At a hearing under this subsection, the Attorney
7 General or State's Attorney, whichever filed the original
8 petition, shall represent the State and shall have the right to
9 have the petitioner examined by an expert or professional
10 person of his or her choice. The examination shall be conducted
11 in conformance with the standards developed under the Sex
12 Offender Management Board Act and by an evaluator approved by
13 the Board. The committed person or the State may elect to have
14 the hearing before a jury. The State has the burden of proving
15 by clear and convincing evidence that the petitioner is still a
16 sexually violent person.
17     (3) If the court or jury is satisfied that the State has
18 not met its burden of proof under paragraph (a)(2) of this
19 Section, the petitioner shall be discharged from the custody or
20 supervision of the Department. If the court is satisfied that
21 the State has met its burden of proof under paragraph (a)(2),
22 the court may proceed under Section 40 of this Act to determine
23 whether to modify the petitioner's existing commitment order.
24     (b)(1) A person may petition the committing court for
25 discharge from custody or supervision without the Secretary's
26 approval. At the time of an examination under subsection (a) of

 

 

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1 Section 55 of this Act, the Secretary shall provide the
2 committed person with a written notice of the person's right to
3 petition the court for discharge over the Secretary's
4 objection. The notice shall contain a waiver of rights. The
5 Secretary shall forward the notice and waiver form to the court
6 with the report of the Department's examination under Section
7 55 of this Act. If the person does not affirmatively waive the
8 right to petition, the court shall set a probable cause hearing
9 to determine whether facts exist that warrant a hearing on
10 whether the person is still a sexually violent person. If a
11 person does not file a petition for discharge, yet fails to
12 waive the right to petition under this Section, then the
13 probable cause hearing consists only of a review of the
14 reexamination reports and arguments on behalf of the parties.
15 The committed person has a right to have an attorney represent
16 him or her at the probable cause hearing, but the person is not
17 entitled to be present at the probable cause hearing. The
18 probable cause hearing under this Section must be held as soon
19 as practical after within 45 days of the filing of the
20 reexamination report under Section 55 of this Act.
21     (2) If the court determines at the probable cause hearing
22 under paragraph (b)(1) of this Section that probable cause
23 exists to believe that the committed person is no longer a
24 sexually violent person, then the court shall set a hearing on
25 the issue. At a hearing under this Section, the committed
26 person is entitled to be present and to the benefit of the

 

 

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1 protections afforded to the person under Section 25 of this
2 Act. The committed person or the State may elect to have a
3 hearing under this Section before a jury. A verdict of a jury
4 under this Section is not valid unless it is unanimous. The
5 Attorney General or State's Attorney, whichever filed the
6 original petition, shall represent the State at a hearing under
7 this Section. The State has the right to have the committed
8 person evaluated by experts chosen by the State. The
9 examination shall be conducted in conformance with the
10 standards developed under the Sex Offender Management Board Act
11 and by an evaluator approved by the Board. At the hearing, the
12 State has the burden of proving by clear and convincing
13 evidence that the committed person is still a sexually violent
14 person.
15     (3) If the court or jury is satisfied that the State has
16 not met its burden of proof under paragraph (b)(2) of this
17 Section, the person shall be discharged from the custody or
18 supervision of the Department. If the court or jury is
19 satisfied that the State has met its burden of proof under
20 paragraph (b)(2) of this Section, the court may proceed under
21 Section 40 of this Act to determine whether to modify the
22 person's existing commitment order.
23 (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
 
24     Section 10. The Unified Code of Corrections is amended by
25 changing Section 3-6-3 as follows:
 

 

 

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1     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
2     Sec. 3-6-3. Rules and Regulations for Early Release.
3         (a) (1) The Department of Corrections shall prescribe
4     rules and regulations for the early release on account of
5     good conduct of persons committed to the Department which
6     shall be subject to review by the Prisoner Review Board.
7         (2) The rules and regulations on early release shall
8     provide, with respect to offenses listed in clause (i),
9     (ii), or (iii) of this paragraph (2) committed on or after
10     June 19, 1998 or with respect to the offense listed in
11     clause (iv) of this paragraph (2) committed on or after
12     June 23, 2005 (the effective date of Public Act 94-71) or
13     with respect to offense listed in clause (vi) committed on
14     or after June 1, 2008 (the effective date of Public Act
15     95-625) or with respect to the offense of being an armed
16     habitual criminal committed on or after August 2, 2005 (the
17     effective date of Public Act 94-398) or with respect to the
18     offenses listed in clause (v) of this paragraph (2)
19     committed on or after August 13, 2007 (the effective date
20     of Public Act 95-134), the following:
21             (i) that a prisoner who is serving a term of
22         imprisonment for first degree murder or for the offense
23         of terrorism shall receive no good conduct credit and
24         shall serve the entire sentence imposed by the court;
25             (ii) that a prisoner serving a sentence for attempt

 

 

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

 

 

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1         more than 4.5 days of good conduct credit for each
2         month of his or her sentence of imprisonment;
3             (v) that a person serving a sentence for
4         gunrunning, narcotics racketeering, controlled
5         substance trafficking, methamphetamine trafficking,
6         drug-induced homicide, aggravated
7         methamphetamine-related child endangerment, money
8         laundering pursuant to clause (c) (4) or (5) of Section
9         29B-1 of the Criminal Code of 1961, or a Class X felony
10         conviction for delivery of a controlled substance,
11         possession of a controlled substance with intent to
12         manufacture or deliver, calculated criminal drug
13         conspiracy, criminal drug conspiracy, street gang
14         criminal drug conspiracy, participation in
15         methamphetamine manufacturing, aggravated
16         participation in methamphetamine manufacturing,
17         delivery of methamphetamine, possession with intent to
18         deliver methamphetamine, aggravated delivery of
19         methamphetamine, aggravated possession with intent to
20         deliver methamphetamine, methamphetamine conspiracy
21         when the substance containing the controlled substance
22         or methamphetamine is 100 grams or more shall receive
23         no more than 7.5 days good conduct credit for each
24         month of his or her sentence of imprisonment; and
25             (vi) that a prisoner serving a sentence for a
26         second or subsequent offense of luring a minor shall

 

 

SB3467 Engrossed - 30 - LRB096 20615 RLC 36324 b

1         receive no more than 4.5 days of good conduct credit
2         for each month of his or her sentence of imprisonment.
3         (2.1) For all offenses, other than those enumerated in
4     subdivision (a)(2)(i), (ii), or (iii) committed on or after
5     June 19, 1998 or subdivision (a)(2)(iv) committed on or
6     after June 23, 2005 (the effective date of Public Act
7     94-71) or subdivision (a)(2)(v) committed on or after
8     August 13, 2007 (the effective date of Public Act 95-134)
9     or subdivision (a)(2)(vi) committed on or after June 1,
10     2008 (the effective date of Public Act 95-625), and other
11     than the offense of reckless homicide as defined in
12     subsection (e) of Section 9-3 of the Criminal Code of 1961
13     committed on or after January 1, 1999, or aggravated
14     driving under the influence of alcohol, other drug or
15     drugs, or intoxicating compound or compounds, or any
16     combination thereof as defined in subparagraph (F) of
17     paragraph (1) of subsection (d) of Section 11-501 of the
18     Illinois Vehicle Code, the rules and regulations shall
19     provide that a prisoner who is serving a term of
20     imprisonment shall receive one day of good conduct credit
21     for each day of his or her sentence of imprisonment or
22     recommitment under Section 3-3-9. Each day of good conduct
23     credit shall reduce by one day the prisoner's period of
24     imprisonment or recommitment under Section 3-3-9.
25         (2.2) A prisoner serving a term of natural life
26     imprisonment or a prisoner who has been sentenced to death

 

 

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

 

 

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1     aggravated arson committed on or after July 27, 2001 (the
2     effective date of Public Act 92-176) shall receive no more
3     than 4.5 days of good conduct credit for each month of his
4     or her sentence of imprisonment.
5         (3) The rules and regulations shall also provide that
6     the Director may award up to 180 days additional good
7     conduct credit for meritorious service in specific
8     instances as the Director deems proper; except that no more
9     than 90 days of good conduct credit for meritorious service
10     shall be awarded to any prisoner who is serving a sentence
11     for conviction of first degree murder, reckless homicide
12     while under the influence of alcohol or any other drug, 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, aggravated kidnapping, kidnapping,
18     predatory criminal sexual assault of a child, aggravated
19     criminal sexual assault, criminal sexual assault, deviate
20     sexual assault, aggravated criminal sexual abuse,
21     aggravated indecent liberties with a child, indecent
22     liberties with a child, child pornography, heinous
23     battery, aggravated battery of a spouse, aggravated
24     battery of a spouse with a firearm, stalking, aggravated
25     stalking, aggravated battery of a child, endangering the
26     life or health of a child, or cruelty to a child.

 

 

SB3467 Engrossed - 33 - LRB096 20615 RLC 36324 b

1     Notwithstanding the foregoing, good conduct credit for
2     meritorious service shall not be awarded on a sentence of
3     imprisonment imposed for conviction of: (i) one of the
4     offenses enumerated in subdivision (a)(2)(i), (ii), or
5     (iii) when the offense is committed on or after June 19,
6     1998 or subdivision (a)(2)(iv) when the offense is
7     committed on or after June 23, 2005 (the effective date of
8     Public Act 94-71) or subdivision (a)(2)(v) when the offense
9     is committed on or after August 13, 2007 (the effective
10     date of Public Act 95-134) or subdivision (a)(2)(vi) when
11     the offense is committed on or after June 1, 2008 (the
12     effective date of Public Act 95-625), (ii) reckless
13     homicide as defined in subsection (e) of Section 9-3 of the
14     Criminal Code of 1961 when the offense is committed on or
15     after January 1, 1999, or aggravated driving under the
16     influence of alcohol, other drug or drugs, or intoxicating
17     compound or compounds, or any combination thereof as
18     defined in subparagraph (F) of paragraph (1) of subsection
19     (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
20     one of the offenses enumerated in subdivision (a)(2.4) when
21     the offense is committed on or after July 15, 1999 (the
22     effective date of Public Act 91-121), or (iv) aggravated
23     arson when the offense is committed on or after July 27,
24     2001 (the effective date of Public Act 92-176), or (v)
25     offenses that may subject the offender to commitment under
26     the Sexually Violent Persons Commitment Act.

 

 

SB3467 Engrossed - 34 - LRB096 20615 RLC 36324 b

1         The Director shall not award good conduct credit for
2     meritorious service under this paragraph (3) to an inmate
3     unless the inmate has served a minimum of 60 days of the
4     sentence; except nothing in this paragraph shall be
5     construed to permit the Director to extend an inmate's
6     sentence beyond that which was imposed by the court. Prior
7     to awarding credit under this paragraph (3), the Director
8     shall make a written determination that the inmate:
9             (A) is eligible for good conduct credit for
10         meritorious service;
11             (B) has served a minimum of 60 days, or as close to
12         60 days as the sentence will allow; and
13             (C) has met the eligibility criteria established
14         by rule.
15         The Director shall determine the form and content of
16     the written determination required in this subsection.
17         (4) The rules and regulations shall also provide that
18     the good conduct credit accumulated and retained under
19     paragraph (2.1) of subsection (a) of this Section by any
20     inmate during specific periods of time in which such inmate
21     is engaged full-time in substance abuse programs,
22     correctional industry assignments, or educational programs
23     provided by the Department under this paragraph (4) and
24     satisfactorily completes the assigned program as
25     determined by the standards of the Department, shall be
26     multiplied by a factor of 1.25 for program participation

 

 

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1     before August 11, 1993 and 1.50 for program participation
2     on or after that date. However, no inmate shall be eligible
3     for the additional good conduct credit under this paragraph
4     (4) or (4.1) of this subsection (a) while assigned to a
5     boot camp or electronic detention, or if convicted of an
6     offense enumerated in subdivision (a)(2)(i), (ii), or
7     (iii) of this Section that is committed on or after June
8     19, 1998 or subdivision (a)(2)(iv) of this Section that is
9     committed on or after June 23, 2005 (the effective date of
10     Public Act 94-71) or subdivision (a)(2)(v) of this Section
11     that is committed on or after August 13, 2007 (the
12     effective date of Public Act 95-134) or subdivision
13     (a)(2)(vi) when the offense is committed on or after June
14     1, 2008 (the effective date of Public Act 95-625), or if
15     convicted of reckless homicide as defined in subsection (e)
16     of Section 9-3 of the Criminal Code of 1961 if the offense
17     is committed on or after January 1, 1999, or aggravated
18     driving under the influence of alcohol, other drug or
19     drugs, or intoxicating compound or compounds, or any
20     combination thereof as defined in subparagraph (F) of
21     paragraph (1) of subsection (d) of Section 11-501 of the
22     Illinois Vehicle Code, or if convicted of an offense
23     enumerated in paragraph (a)(2.4) of this Section that is
24     committed on or after July 15, 1999 (the effective date of
25     Public Act 91-121), or first degree murder, a Class X
26     felony, criminal sexual assault, felony criminal sexual

 

 

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1     abuse, aggravated criminal sexual abuse, aggravated
2     battery with a firearm, or any predecessor or successor
3     offenses with the same or substantially the same elements,
4     or any inchoate offenses relating to the foregoing
5     offenses. No inmate shall be eligible for the additional
6     good conduct credit under this paragraph (4) who (i) has
7     previously received increased good conduct credit under
8     this paragraph (4) and has subsequently been convicted of a
9     felony, or (ii) has previously served more than one prior
10     sentence of imprisonment for a felony in an adult
11     correctional facility.
12         Educational, vocational, substance abuse and
13     correctional industry programs under which good conduct
14     credit may be increased under this paragraph (4) and
15     paragraph (4.1) of this subsection (a) shall be evaluated
16     by the Department on the basis of documented standards. The
17     Department shall report the results of these evaluations to
18     the Governor and the General Assembly by September 30th of
19     each year. The reports shall include data relating to the
20     recidivism rate among program participants.
21         Availability of these programs shall be subject to the
22     limits of fiscal resources appropriated by the General
23     Assembly for these purposes. Eligible inmates who are
24     denied immediate admission shall be placed on a waiting
25     list under criteria established by the Department. The
26     inability of any inmate to become engaged in any such

 

 

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1     programs by reason of insufficient program resources or for
2     any other reason established under the rules and
3     regulations of the Department shall not be deemed a cause
4     of action under which the Department or any employee or
5     agent of the Department shall be liable for damages to the
6     inmate.
7         (4.1) The rules and regulations shall also provide that
8     an additional 60 days of good conduct credit shall be
9     awarded to any prisoner who passes the high school level
10     Test of General Educational Development (GED) while the
11     prisoner is incarcerated. The good conduct credit awarded
12     under this paragraph (4.1) shall be in addition to, and
13     shall not affect, the award of good conduct under any other
14     paragraph of this Section, but shall also be pursuant to
15     the guidelines and restrictions set forth in paragraph (4)
16     of subsection (a) of this Section. The good conduct credit
17     provided for in this paragraph shall be available only to
18     those prisoners who have not previously earned a high
19     school diploma or a GED. If, after an award of the GED good
20     conduct credit has been made and the Department determines
21     that the prisoner was not eligible, then the award shall be
22     revoked.
23         (4.5) The rules and regulations on early release shall
24     also provide that when the court's sentencing order
25     recommends a prisoner for substance abuse treatment and the
26     crime was committed on or after September 1, 2003 (the

 

 

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1     effective date of Public Act 93-354), the prisoner shall
2     receive no good conduct credit awarded under clause (3) of
3     this subsection (a) unless he or she participates in and
4     completes a substance abuse treatment program. The
5     Director may waive the requirement to participate in or
6     complete a substance abuse treatment program and award the
7     good conduct credit in specific instances if the prisoner
8     is not a good candidate for a substance abuse treatment
9     program for medical, programming, or operational reasons.
10     Availability of substance abuse treatment shall be subject
11     to the limits of fiscal resources appropriated by the
12     General Assembly for these purposes. If treatment is not
13     available and the requirement to participate and complete
14     the treatment has not been waived by the Director, the
15     prisoner shall be placed on a waiting list under criteria
16     established by the Department. The Director may allow a
17     prisoner placed on a waiting list to participate in and
18     complete a substance abuse education class or attend
19     substance abuse self-help meetings in lieu of a substance
20     abuse treatment program. A prisoner on a waiting list who
21     is not placed in a substance abuse program prior to release
22     may be eligible for a waiver and receive good conduct
23     credit under clause (3) of this subsection (a) at the
24     discretion of the Director.
25         (4.6) The rules and regulations on early release shall
26     also provide that a prisoner who has been convicted of a

 

 

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1     sex offense as defined in Section 2 of the Sex Offender
2     Registration Act shall receive no good conduct credit
3     unless he or she either has successfully completed or is
4     participating in sex offender treatment as defined by the
5     Sex Offender Management Board. However, prisoners who are
6     waiting to receive such treatment, but who are unable to do
7     so due solely to the lack of resources on the part of the
8     Department, may, at the Director's sole discretion, be
9     awarded good conduct credit at such rate as the Director
10     shall determine.
11         (5) Whenever the Department is to release any inmate
12     earlier than it otherwise would because of a grant of good
13     conduct credit for meritorious service given at any time
14     during the term, the Department shall give reasonable
15     notice of the impending release not less than 14 days prior
16     to the date of the release to the State's Attorney of the
17     county where the prosecution of the inmate took place, and
18     if applicable, the State's Attorney of the county into
19     which the inmate will be released.
20     (b) Whenever a person is or has been committed under
21 several convictions, with separate sentences, the sentences
22 shall be construed under Section 5-8-4 in granting and
23 forfeiting of good time.
24     (c) The Department shall prescribe rules and regulations
25 for revoking good conduct credit, or suspending or reducing the
26 rate of accumulation of good conduct credit for specific rule

 

 

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

 

 

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

 

 

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1     following criteria:
2             (A) it lacks an arguable basis either in law or in
3         fact;
4             (B) it is being presented for any improper purpose,
5         such as to harass or to cause unnecessary delay or
6         needless increase in the cost of litigation;
7             (C) the claims, defenses, and other legal
8         contentions therein are not warranted by existing law
9         or by a nonfrivolous argument for the extension,
10         modification, or reversal of existing law or the
11         establishment of new law;
12             (D) the allegations and other factual contentions
13         do not have evidentiary support or, if specifically so
14         identified, are not likely to have evidentiary support
15         after a reasonable opportunity for further
16         investigation or discovery; or
17             (E) the denials of factual contentions are not
18         warranted on the evidence, or if specifically so
19         identified, are not reasonably based on a lack of
20         information or belief.
21         (2) "Lawsuit" means a motion pursuant to Section 116-3
22     of the Code of Criminal Procedure of 1963, a habeas corpus
23     action under Article X of the Code of Civil Procedure or
24     under federal law (28 U.S.C. 2254), a petition for claim
25     under the Court of Claims Act, an action under the federal
26     Civil Rights Act (42 U.S.C. 1983), or a second or

 

 

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1     subsequent petition for post-conviction relief under
2     Article 122 of the Code of Criminal Procedure of 1963
3     whether filed with or without leave of court or a second or
4     subsequent petition for relief from judgment under Section
5     2-1401 of the Code of Civil Procedure.
6     (e) Nothing in Public Act 90-592 or 90-593 affects the
7 validity of Public Act 89-404.
8     (f) Whenever the Department is to release any inmate who
9 has been convicted of a violation of an order of protection
10 under Section 12-30 of the Criminal Code of 1961, earlier than
11 it otherwise would because of a grant of good conduct credit,
12 the Department, as a condition of such early release, shall
13 require that the person, upon release, be placed under
14 electronic surveillance as provided in Section 5-8A-7 of this
15 Code.
16 (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
17 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
18 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     725 ILCS 207/15
4     725 ILCS 207/25
5     725 ILCS 207/30
6     725 ILCS 207/40
7     725 ILCS 207/60
8     725 ILCS 207/65
9     730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3