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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3523 Introduced 2/24/2011, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Provides that the Director of Corrections, in making a determination as to whether an inmate is to be awarded good conduct credit for meritorious service, may consider the inmate's documented conduct either while incarcerated in a Department facility, county jail, house of correction, Department of Juvenile Justice facility, juvenile detention center, or other penal institution or when the inmate was not incarcerated and may make a determination that based on such conduct the inmate's early release poses an elevated risk to public safety. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Unified Code of Corrections is amended by |
5 | | changing Section 3-6-3 as follows:
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6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | | Sec. 3-6-3. Rules and Regulations for Early Release.
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8 | | (a) (1) The Department of Corrections shall prescribe |
9 | | rules
and regulations for the early release on account of |
10 | | good
conduct of persons committed to the Department which |
11 | | shall
be subject to review by the Prisoner Review Board.
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12 | | (2) The rules and regulations on early release shall |
13 | | provide, with
respect to offenses listed in clause (i), |
14 | | (ii), or (iii) of this paragraph (2) committed on or after |
15 | | June 19, 1998 or with respect to the offense listed in |
16 | | clause (iv) of this paragraph (2) committed on or after |
17 | | June 23, 2005 (the effective date of Public Act 94-71) or |
18 | | with
respect to offense listed in clause (vi)
committed on |
19 | | or after June 1, 2008 (the effective date of Public Act |
20 | | 95-625)
or with respect to the offense of being an armed |
21 | | habitual criminal committed on or after August 2, 2005 (the |
22 | | effective date of Public Act 94-398) or with respect to the |
23 | | offenses listed in clause (v) of this paragraph (2) |
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1 | | committed on or after August 13, 2007 (the effective date |
2 | | of Public Act 95-134) or with respect to the offense of |
3 | | aggravated domestic battery committed on or after July 23, |
4 | | 2010 ( the effective date of Public Act 96-1224) this |
5 | | amendatory Act of the 96th General Assembly , the following:
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6 | | (i) that a prisoner who is serving a term of |
7 | | imprisonment for first
degree murder or for the offense |
8 | | of terrorism shall receive no good conduct
credit and |
9 | | shall serve the entire
sentence imposed by the court;
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10 | | (ii) that a prisoner serving a sentence for attempt |
11 | | to commit first
degree murder, solicitation of murder, |
12 | | solicitation of murder for hire,
intentional homicide |
13 | | of an unborn child, predatory criminal sexual assault |
14 | | of a
child, aggravated criminal sexual assault, |
15 | | criminal sexual assault, aggravated
kidnapping, |
16 | | aggravated battery with a firearm, heinous battery, |
17 | | being an armed habitual criminal, aggravated
battery |
18 | | of a senior citizen, or aggravated battery of a child |
19 | | shall receive no
more than 4.5 days of good conduct |
20 | | credit for each month of his or her sentence
of |
21 | | imprisonment;
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22 | | (iii) that a prisoner serving a sentence
for home |
23 | | invasion, armed robbery, aggravated vehicular |
24 | | hijacking,
aggravated discharge of a firearm, or armed |
25 | | violence with a category I weapon
or category II |
26 | | weapon, when the court
has made and entered a finding, |
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1 | | pursuant to subsection (c-1) of Section 5-4-1
of this |
2 | | Code, that the conduct leading to conviction for the |
3 | | enumerated offense
resulted in great bodily harm to a |
4 | | victim, shall receive no more than 4.5 days
of good |
5 | | conduct credit for each month of his or her sentence of |
6 | | imprisonment;
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7 | | (iv) that a prisoner serving a sentence for |
8 | | aggravated discharge of a firearm, whether or not the |
9 | | conduct leading to conviction for the offense resulted |
10 | | in great bodily harm to the victim, shall receive no |
11 | | more than 4.5 days of good conduct credit for each |
12 | | month of his or her sentence of imprisonment;
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13 | | (v) that a person serving a sentence for |
14 | | gunrunning, narcotics racketeering, controlled |
15 | | substance trafficking, methamphetamine trafficking, |
16 | | drug-induced homicide, aggravated |
17 | | methamphetamine-related child endangerment, money |
18 | | laundering pursuant to clause (c) (4) or (5) of Section |
19 | | 29B-1 of the Criminal Code of 1961, or a Class X felony |
20 | | conviction for delivery of a controlled substance, |
21 | | possession of a controlled substance with intent to |
22 | | manufacture or deliver, calculated criminal drug |
23 | | conspiracy, criminal drug conspiracy, street gang |
24 | | criminal drug conspiracy, participation in |
25 | | methamphetamine manufacturing, aggravated |
26 | | participation in methamphetamine manufacturing, |
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1 | | delivery of methamphetamine, possession with intent to |
2 | | deliver methamphetamine, aggravated delivery of |
3 | | methamphetamine, aggravated possession with intent to |
4 | | deliver methamphetamine, methamphetamine conspiracy |
5 | | when the substance containing the controlled substance |
6 | | or methamphetamine is 100 grams or more shall receive |
7 | | no more than 7.5 days good conduct credit for each |
8 | | month of his or her sentence of imprisonment;
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9 | | (vi)
that a prisoner serving a sentence for a |
10 | | second or subsequent offense of luring a minor shall |
11 | | receive no more than 4.5 days of good conduct credit |
12 | | for each month of his or her sentence of imprisonment; |
13 | | and
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14 | | (vii) that a prisoner serving a sentence for |
15 | | aggravated domestic battery shall receive no more than |
16 | | 4.5 days of good conduct credit for each month of his |
17 | | or her sentence of imprisonment.
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18 | | (2.1) For all offenses, other than those enumerated in |
19 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
20 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or |
21 | | after June 23, 2005 (the effective date of Public Act |
22 | | 94-71) or subdivision (a)(2)(v) committed on or after |
23 | | August 13, 2007 (the effective date of Public Act 95-134)
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24 | | or subdivision (a)(2)(vi) committed on or after June 1, |
25 | | 2008 (the effective date of Public Act 95-625) or |
26 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 |
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1 | | ( the effective date of Public Act 96-1224) this amendatory |
2 | | Act of the 96th General Assembly , and other than the |
3 | | offense of aggravated driving under the influence of |
4 | | alcohol, other drug or drugs, or
intoxicating compound or |
5 | | compounds, or any combination thereof as defined in
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6 | | subparagraph (F) of paragraph (1) of subsection (d) of |
7 | | Section 11-501 of the
Illinois Vehicle Code, and other than |
8 | | the offense of aggravated driving under the influence of |
9 | | alcohol,
other drug or drugs, or intoxicating compound or |
10 | | compounds, or any combination
thereof as defined in |
11 | | subparagraph (C) of paragraph (1) of subsection (d) of
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12 | | Section 11-501 of the Illinois Vehicle Code committed on or |
13 | | after January 1, 2011 ( the effective date of Public Act |
14 | | 96-1230) this amendatory Act of the 96th General Assembly ,
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15 | | the rules and regulations shall
provide that a prisoner who |
16 | | is serving a term of
imprisonment shall receive one day of |
17 | | good conduct credit for each day of
his or her sentence of |
18 | | imprisonment or recommitment under Section 3-3-9.
Each day |
19 | | of good conduct credit shall reduce by one day the |
20 | | prisoner's period
of imprisonment or recommitment under |
21 | | Section 3-3-9.
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22 | | (2.2) A prisoner serving a term of natural life |
23 | | imprisonment or a
prisoner who has been sentenced to death |
24 | | shall receive no good conduct
credit.
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25 | | (2.3) 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 driving under the influence of alcohol,
other |
2 | | drug or drugs, or intoxicating compound or compounds, or |
3 | | any combination
thereof as defined in subparagraph (F) of |
4 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
5 | | Illinois Vehicle Code, shall receive no more than 4.5
days |
6 | | of good conduct credit for each month of his or her |
7 | | sentence of
imprisonment.
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8 | | (2.4) The rules and regulations on early release shall |
9 | | provide with
respect to the offenses of aggravated battery |
10 | | with a machine gun or a firearm
equipped with any device or |
11 | | attachment designed or used for silencing the
report of a |
12 | | firearm or aggravated discharge of a machine gun or a |
13 | | firearm
equipped with any device or attachment designed or |
14 | | used for silencing the
report of a firearm, committed on or |
15 | | after
July 15, 1999 (the effective date of Public Act |
16 | | 91-121),
that a prisoner serving a sentence for any of |
17 | | these offenses shall receive no
more than 4.5 days of good |
18 | | conduct credit for each month of his or her sentence
of |
19 | | imprisonment.
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20 | | (2.5) The rules and regulations on early release shall |
21 | | provide that a
prisoner who is serving a sentence for |
22 | | aggravated arson committed on or after
July 27, 2001 (the |
23 | | effective date of Public Act 92-176) shall receive no more |
24 | | than
4.5 days of good conduct credit for each month of his |
25 | | or her sentence of
imprisonment.
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26 | | (2.6) The rules and regulations on early release shall |
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1 | | provide that a
prisoner who is serving a sentence for |
2 | | aggravated driving under the influence of alcohol,
other |
3 | | drug or drugs, or intoxicating compound or compounds , or |
4 | | any combination
thereof as defined in subparagraph (C) of |
5 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
6 | | Illinois Vehicle Code committed on or after January 1, 2011 |
7 | | ( the effective date of Public Act 96-1230) this amendatory |
8 | | Act of the 96th General Assembly, shall receive no more |
9 | | than 4.5
days of good conduct credit for each month of his |
10 | | or her sentence of
imprisonment.
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11 | | (3) The rules and regulations shall also provide that
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12 | | the Director may award up to 180 days additional good |
13 | | conduct
credit for meritorious service in specific |
14 | | instances as the
Director deems proper; except that no more |
15 | | than 90 days
of good conduct credit for meritorious service
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16 | | shall be awarded to any prisoner who is serving a sentence |
17 | | for
conviction of first degree murder, reckless homicide |
18 | | while under the
influence of alcohol or any other drug,
or |
19 | | aggravated driving under the influence of alcohol, other |
20 | | drug or drugs, or
intoxicating compound or compounds, or |
21 | | any combination thereof as defined in
subparagraph (F) of |
22 | | paragraph (1) of subsection (d) of Section 11-501 of the
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23 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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24 | | predatory criminal sexual assault of a child,
aggravated |
25 | | criminal sexual assault, criminal sexual assault, deviate |
26 | | sexual
assault, aggravated criminal sexual abuse, |
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1 | | aggravated indecent liberties
with a child, indecent |
2 | | liberties with a child, child pornography, heinous
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3 | | battery, aggravated battery of a spouse, aggravated |
4 | | battery of a spouse
with a firearm, stalking, aggravated |
5 | | stalking, aggravated battery of a child,
endangering the |
6 | | life or health of a child, or cruelty to a child. |
7 | | Notwithstanding the foregoing, good conduct credit for
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8 | | meritorious service shall not be awarded on a
sentence of |
9 | | imprisonment imposed for conviction of: (i) one of the |
10 | | offenses
enumerated in subdivision (a)(2)(i), (ii), or |
11 | | (iii) when the offense is committed on or after
June 19, |
12 | | 1998 or subdivision (a)(2)(iv) when the offense is |
13 | | committed on or after June 23, 2005 (the effective date of |
14 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense |
15 | | is committed on or after August 13, 2007 (the effective |
16 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when |
17 | | the offense is committed on or after June 1, 2008 (the |
18 | | effective date of Public Act 95-625) or subdivision |
19 | | (a)(2)(vii) when the offense is committed on or after July |
20 | | 23, 2010 ( the effective date of Public Act 96-1224) this |
21 | | amendatory Act of the 96th General Assembly , (ii) |
22 | | aggravated driving under the influence of alcohol, other |
23 | | drug or drugs, or
intoxicating compound or compounds, or |
24 | | any combination thereof as defined in
subparagraph (F) of |
25 | | paragraph (1) of subsection (d) of Section 11-501 of the
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26 | | Illinois Vehicle Code, (iii) one of the offenses enumerated |
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1 | | in subdivision
(a)(2.4) when the offense is committed on or |
2 | | after
July 15, 1999 (the effective date of Public Act |
3 | | 91-121),
(iv) aggravated arson when the offense is |
4 | | committed
on or after July 27, 2001 (the effective date of |
5 | | Public Act 92-176), or (v) offenses that may subject the |
6 | | offender to commitment under the Sexually Violent Persons |
7 | | Commitment Act, or (vi) (v) aggravated driving under the |
8 | | influence of alcohol,
other drug or drugs, or intoxicating |
9 | | compound or compounds , or any combination
thereof as |
10 | | defined in subparagraph (C) of paragraph (1) of subsection |
11 | | (d) of
Section 11-501 of the Illinois Vehicle Code |
12 | | committed on or after January 1, 2011 ( the effective date |
13 | | of Public Act 96-1230) this amendatory Act of the 96th |
14 | | General Assembly .
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15 | | The Director shall not award good conduct credit for |
16 | | meritorious service under this paragraph (3) to an inmate |
17 | | unless the inmate has served a minimum of 60 days of the |
18 | | sentence; except nothing in this paragraph shall be |
19 | | construed to permit the Director to extend an inmate's |
20 | | sentence beyond that which was imposed by the court. Prior |
21 | | to awarding credit under this paragraph (3), the Director |
22 | | shall make a written determination that the inmate: |
23 | | (A) is eligible for good conduct credit for |
24 | | meritorious service; |
25 | | (B) has served a minimum of 60 days, or as close to |
26 | | 60 days as the sentence will allow; and |
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1 | | (C) has met the eligibility criteria established |
2 | | by rule. |
3 | | The Director shall determine the form and content of |
4 | | the written determination required in this subsection. |
5 | | The Director, in making a determination as to whether |
6 | | an inmate is to be awarded good conduct credit for |
7 | | meritorious service under this paragraph (3), may consider |
8 | | the inmate's documented conduct either while incarcerated |
9 | | in a Department facility, county jail, house of correction, |
10 | | Department of Juvenile Justice facility, juvenile |
11 | | detention center, or other penal institution or when the |
12 | | inmate was not incarcerated and may make a determination |
13 | | that based on such conduct the inmate's early release poses |
14 | | an elevated risk to public safety.
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15 | | (4) The rules and regulations shall also provide that |
16 | | the good conduct
credit accumulated and retained under |
17 | | paragraph (2.1) of subsection (a) of
this Section by any |
18 | | inmate during specific periods of time in which such
inmate |
19 | | is engaged full-time in substance abuse programs, |
20 | | correctional
industry assignments, or educational programs |
21 | | provided by the Department
under this paragraph (4) and |
22 | | satisfactorily completes the assigned program as
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23 | | determined by the standards of the Department, shall be |
24 | | multiplied by a factor
of 1.25 for program participation |
25 | | before August 11, 1993
and 1.50 for program participation |
26 | | on or after that date.
However, no inmate shall be eligible |
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1 | | for the additional good conduct credit
under this paragraph |
2 | | (4) or (4.1) of this subsection (a) while assigned to a |
3 | | boot camp
or electronic detention, or if convicted of an |
4 | | offense enumerated in
subdivision (a)(2)(i), (ii), or |
5 | | (iii) of this Section that is committed on or after June |
6 | | 19,
1998 or subdivision (a)(2)(iv) of this Section that is |
7 | | committed on or after June 23, 2005 (the effective date of |
8 | | Public Act 94-71) or subdivision (a)(2)(v) of this Section |
9 | | that is committed on or after August 13, 2007 (the |
10 | | effective date of Public Act 95-134)
or subdivision |
11 | | (a)(2)(vi) when the offense is committed on or after June |
12 | | 1, 2008 (the effective date of Public Act 95-625) or |
13 | | subdivision (a)(2)(vii) when the offense is committed on or |
14 | | after July 23, 2010 ( the effective date of Public Act |
15 | | 96-1224) this amendatory Act of the 96th General Assembly , |
16 | | or if convicted of aggravated driving under the influence |
17 | | of alcohol, other drug or drugs, or
intoxicating compound |
18 | | or compounds , or any combination thereof as defined in
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19 | | subparagraph (F) of paragraph (1) of subsection (d) of |
20 | | Section 11-501 of the
Illinois Vehicle Code, or if |
21 | | convicted of aggravated driving under the influence of |
22 | | alcohol,
other drug or drugs, or intoxicating compound or |
23 | | compounds , or any combination
thereof as defined in |
24 | | subparagraph (C) of paragraph (1) of subsection (d) of
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25 | | Section 11-501 of the Illinois Vehicle Code committed on or |
26 | | after January 1, 2011 ( the effective date of Public Act |
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1 | | 96-1230) this amendatory Act of the 96th General Assembly , |
2 | | or if convicted of an offense enumerated in paragraph
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3 | | (a)(2.4) of this Section that is committed on or after
July |
4 | | 15, 1999 (the effective date of Public Act 91-121),
or |
5 | | first degree murder, a Class X felony, criminal sexual
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6 | | assault, felony criminal sexual abuse, aggravated criminal |
7 | | sexual abuse,
aggravated battery with a firearm, or any |
8 | | predecessor or successor offenses
with the same or |
9 | | substantially the same elements, or any inchoate offenses
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10 | | relating to the foregoing offenses. No inmate shall be |
11 | | eligible for the
additional good conduct credit under this |
12 | | paragraph (4) who (i) has previously
received increased |
13 | | good conduct credit under this paragraph (4) and has
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14 | | subsequently been convicted of a
felony, or (ii) has |
15 | | previously served more than one prior sentence of
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16 | | imprisonment for a felony in an adult correctional |
17 | | facility.
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18 | | Educational, vocational, substance abuse and |
19 | | correctional
industry programs under which good conduct |
20 | | credit may be increased under
this paragraph (4) and |
21 | | paragraph (4.1) of this subsection (a) shall be evaluated |
22 | | by the Department on the basis of
documented standards. The |
23 | | Department shall report the results of these
evaluations to |
24 | | the Governor and the General Assembly by September 30th of |
25 | | each
year. The reports shall include data relating to the |
26 | | recidivism rate among
program participants.
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1 | | Availability of these programs shall be subject to the
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2 | | limits of fiscal resources appropriated by the General |
3 | | Assembly for these
purposes. Eligible inmates who are |
4 | | denied immediate admission shall be
placed on a waiting |
5 | | list under criteria established by the Department.
The |
6 | | inability of any inmate to become engaged in any such |
7 | | programs
by reason of insufficient program resources or for |
8 | | any other reason
established under the rules and |
9 | | regulations of the Department shall not be
deemed a cause |
10 | | of action under which the Department or any employee or
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11 | | agent of the Department shall be liable for damages to the |
12 | | inmate.
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13 | | (4.1) The rules and regulations shall also provide that |
14 | | an additional 60 days of good conduct credit shall be |
15 | | awarded to any prisoner who passes the high school level |
16 | | Test of General Educational Development (GED) while the |
17 | | prisoner is incarcerated. The good conduct credit awarded |
18 | | under this paragraph (4.1) shall be in addition to, and |
19 | | shall not affect, the award of good conduct under any other |
20 | | paragraph of this Section, but shall also be pursuant to |
21 | | the guidelines and restrictions set forth in paragraph (4) |
22 | | of subsection (a) of this Section.
The good conduct credit |
23 | | provided for in this paragraph shall be available only to |
24 | | those prisoners who have not previously earned a high |
25 | | school diploma or a GED. If, after an award of the GED good |
26 | | conduct credit has been made and the Department determines |
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1 | | that the prisoner was not eligible, then the award shall be |
2 | | revoked.
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3 | | (4.5) The rules and regulations on early release shall |
4 | | also provide that
when the court's sentencing order |
5 | | recommends a prisoner for substance abuse treatment and the
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6 | | crime was committed on or after September 1, 2003 (the |
7 | | effective date of
Public Act 93-354), the prisoner shall |
8 | | receive no good conduct credit awarded under clause (3) of |
9 | | this subsection (a) unless he or she participates in and
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10 | | completes a substance abuse treatment program. The |
11 | | Director may waive the requirement to participate in or |
12 | | complete a substance abuse treatment program and award the |
13 | | good conduct credit in specific instances if the prisoner |
14 | | is not a good candidate for a substance abuse treatment |
15 | | program for medical, programming, or operational reasons. |
16 | | Availability of
substance abuse treatment shall be subject |
17 | | to the limits of fiscal resources
appropriated by the |
18 | | General Assembly for these purposes. If treatment is not
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19 | | available and the requirement to participate and complete |
20 | | the treatment has not been waived by the Director, the |
21 | | prisoner shall be placed on a waiting list under criteria
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22 | | established by the Department. The Director may allow a |
23 | | prisoner placed on
a waiting list to participate in and |
24 | | complete a substance abuse education class or attend |
25 | | substance
abuse self-help meetings in lieu of a substance |
26 | | abuse treatment program. A prisoner on a waiting list who |
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1 | | is not placed in a substance abuse program prior to release |
2 | | may be eligible for a waiver and receive good conduct |
3 | | credit under clause (3) of this subsection (a) at the |
4 | | discretion of the Director.
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5 | | (4.6) The rules and regulations on early release shall |
6 | | also provide that a prisoner who has been convicted of a |
7 | | sex offense as defined in Section 2 of the Sex Offender |
8 | | Registration Act shall receive no good conduct credit |
9 | | unless he or she either has successfully completed or is |
10 | | participating in sex offender treatment as defined by the |
11 | | Sex Offender Management Board. However, prisoners who are |
12 | | waiting to receive such treatment, but who are unable to do |
13 | | so due solely to the lack of resources on the part of the |
14 | | Department, may, at the Director's sole discretion, be |
15 | | awarded good conduct credit at such rate as the Director |
16 | | shall determine.
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17 | | (5) Whenever the Department is to release any inmate |
18 | | earlier than it
otherwise would because of a grant of good |
19 | | conduct credit for meritorious
service given at any time |
20 | | during the term, the Department shall give
reasonable |
21 | | notice of the impending release not less than 14 days prior |
22 | | to the date of the release to the State's
Attorney of the |
23 | | county where the prosecution of the inmate took place, and |
24 | | if applicable, the State's Attorney of the county into |
25 | | which the inmate will be released. The Department must also |
26 | | make identification information and a recent photo of the |
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1 | | inmate being released accessible on the Internet by means |
2 | | of a hyperlink labeled "Community Notification of Inmate |
3 | | Early Release" on the Department's World Wide Web homepage.
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4 | | The identification information shall include the inmate's: |
5 | | name, any known alias, date of birth, physical |
6 | | characteristics, residence address, commitment offense and |
7 | | county where conviction was imposed. The identification |
8 | | information shall be placed on the website within 3 days of |
9 | | the inmate's release and the information may not be removed |
10 | | until either: completion of the first year of mandatory |
11 | | supervised release or return of the inmate to custody of |
12 | | the Department.
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13 | | (b) Whenever a person is or has been committed under
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14 | | several convictions, with separate sentences, the sentences
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15 | | shall be construed under Section 5-8-4 in granting and
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16 | | forfeiting of good time.
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17 | | (c) The Department shall prescribe rules and regulations
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18 | | for revoking good conduct credit, or suspending or reducing
the |
19 | | rate of accumulation of good conduct credit for specific
rule |
20 | | violations, during imprisonment. These rules and regulations
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21 | | shall provide that no inmate may be penalized more than one
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22 | | year of good conduct credit for any one infraction.
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23 | | When the Department seeks to revoke, suspend or reduce
the |
24 | | rate of accumulation of any good conduct credits for
an alleged |
25 | | infraction of its rules, it shall bring charges
therefor |
26 | | against the prisoner sought to be so deprived of
good conduct |
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1 | | credits before the Prisoner Review Board as
provided in |
2 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
3 | | amount of credit at issue exceeds 30 days or
when during any 12 |
4 | | month period, the cumulative amount of
credit revoked exceeds |
5 | | 30 days except where the infraction is committed
or discovered |
6 | | within 60 days of scheduled release. In those cases,
the |
7 | | Department of Corrections may revoke up to 30 days of good |
8 | | conduct credit.
The Board may subsequently approve the |
9 | | revocation of additional good
conduct credit, if the Department |
10 | | seeks to revoke good conduct credit in
excess of 30 days. |
11 | | However, the Board shall not be empowered to review the
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12 | | Department's decision with respect to the loss of 30 days of |
13 | | good conduct
credit within any calendar year for any prisoner |
14 | | or to increase any penalty
beyond the length requested by the |
15 | | Department.
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16 | | The Director of the Department of Corrections, in |
17 | | appropriate cases, may
restore up to 30 days good conduct |
18 | | credits which have been revoked, suspended
or reduced. Any |
19 | | restoration of good conduct credits in excess of 30 days shall
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20 | | be subject to review by the Prisoner Review Board. However, the |
21 | | Board may not
restore good conduct credit in excess of the |
22 | | amount requested by the Director.
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23 | | Nothing contained in this Section shall prohibit the |
24 | | Prisoner Review Board
from ordering, pursuant to Section |
25 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
26 | | sentence imposed by the court that was not served due to the
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1 | | accumulation of good conduct credit.
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2 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
3 | | federal court
against the State, the Department of Corrections, |
4 | | or the Prisoner Review Board,
or against any of
their officers |
5 | | or employees, and the court makes a specific finding that a
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6 | | pleading, motion, or other paper filed by the prisoner is |
7 | | frivolous, the
Department of Corrections shall conduct a |
8 | | hearing to revoke up to
180 days of good conduct credit by |
9 | | bringing charges against the prisoner
sought to be deprived of |
10 | | the good conduct credits before the Prisoner Review
Board as |
11 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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12 | | If the prisoner has not accumulated 180 days of good conduct |
13 | | credit at the
time of the finding, then the Prisoner Review |
14 | | Board may revoke all
good conduct credit accumulated by the |
15 | | prisoner.
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16 | | For purposes of this subsection (d):
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17 | | (1) "Frivolous" means that a pleading, motion, or other |
18 | | filing which
purports to be a legal document filed by a |
19 | | prisoner in his or her lawsuit meets
any or all of the |
20 | | following criteria:
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21 | | (A) it lacks an arguable basis either in law or in |
22 | | fact;
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23 | | (B) it is being presented for any improper purpose, |
24 | | such as to harass or
to cause unnecessary delay or |
25 | | needless increase in the cost of litigation;
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26 | | (C) the claims, defenses, and other legal |
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1 | | contentions therein are not
warranted by existing law |
2 | | or by a nonfrivolous argument for the extension,
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3 | | modification, or reversal of existing law or the |
4 | | establishment of new law;
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5 | | (D) the allegations and other factual contentions |
6 | | do not have
evidentiary
support or, if specifically so |
7 | | identified, are not likely to have evidentiary
support |
8 | | after a reasonable opportunity for further |
9 | | investigation or discovery;
or
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10 | | (E) the denials of factual contentions are not |
11 | | warranted on the
evidence, or if specifically so |
12 | | identified, are not reasonably based on a lack
of |
13 | | information or belief.
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14 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
15 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
16 | | action under
Article X of the Code of Civil Procedure or |
17 | | under federal law (28 U.S.C. 2254),
a petition for claim |
18 | | under the Court of Claims Act, an action under the
federal |
19 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
20 | | subsequent petition for post-conviction relief under |
21 | | Article 122 of the Code of Criminal Procedure of 1963 |
22 | | whether filed with or without leave of court or a second or |
23 | | subsequent petition for relief from judgment under Section |
24 | | 2-1401 of the Code of Civil Procedure.
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25 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
26 | | validity of Public Act 89-404.
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1 | | (f) Whenever the Department is to release any inmate who |
2 | | has been convicted of a violation of an order of protection |
3 | | under Section 12-30 of the Criminal Code of 1961, earlier than |
4 | | it
otherwise would because of a grant of good conduct credit, |
5 | | the Department, as a condition of such early release, shall |
6 | | require that the person, upon release, be placed under |
7 | | electronic surveillance as provided in Section 5-8A-7 of this |
8 | | Code. |
9 | | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; |
10 | | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; |
11 | | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. |
12 | | 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, |
13 | | eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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