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Full Text of HB1300  94th General Assembly

HB1300 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1300

 

Introduced 02/09/05, by Rep. Constance A. Howard

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-8 new

    Amends the Unified Code of Corrections. Provides that the rules and regulations for the early release of a prisoner on account of good conduct shall also provide that an additional 60 days of good conduct credit shall be awarded to any prisoner who earns a high school diploma or passes the high school level Test of General Educational Development (GED) and receives a GED certificate while the prisoner is incarcerated. Provides that the Department of Corrections shall develop and establish a program designed to increase the number of committed persons enrolled in programs to obtain a high school diploma or to pass the high school level Test of General Educational Development (GED) and receive GED certificates by at least 100% over the 4-year period following the effective date of this amendatory Act. Provides that pursuant to the program, each institution and facility shall report annually to the Director of Corrections on the number of committed persons enrolled in high school education programs and those who pass the high school level Test of General Educational Development (GED) and receive GED certificates, and the number of committed persons who are on waiting lists for those educational programs. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1300 LRB094 09479 RLC 39730 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-3 and by adding Section 3-6-8 as follows:
 
6     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7     Sec. 3-6-3. Rules and Regulations for Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses committed on or after
14     June 19, 1998, the following:
15             (i) that a prisoner who is serving a term of
16         imprisonment for first degree murder or for the offense
17         of terrorism shall receive no good conduct credit and
18         shall serve the entire sentence imposed by the court;
19             (ii) that a prisoner serving a sentence for attempt
20         to commit first degree murder, solicitation of murder,
21         solicitation of murder for hire, intentional homicide
22         of an unborn child, predatory criminal sexual assault
23         of a child, aggravated criminal sexual assault,
24         criminal sexual assault, aggravated kidnapping,
25         aggravated battery with a firearm, heinous battery,
26         aggravated battery of a senior citizen, or aggravated
27         battery of a child shall receive no more than 4.5 days
28         of good conduct credit for each month of his or her
29         sentence of imprisonment; and
30             (iii) that a prisoner serving a sentence for home
31         invasion, armed robbery, aggravated vehicular
32         hijacking, aggravated discharge of a firearm, or armed

 

 

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1         violence with a category I weapon or category II
2         weapon, when the court has made and entered a finding,
3         pursuant to subsection (c-1) of Section 5-4-1 of this
4         Code, that the conduct leading to conviction for the
5         enumerated offense resulted in great bodily harm to a
6         victim, shall receive no more than 4.5 days of good
7         conduct credit for each month of his or her sentence of
8         imprisonment.
9         (2.1) For all offenses, other than those enumerated in
10     subdivision (a)(2) committed on or after June 19, 1998, and
11     other 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
27     shall receive no good conduct credit.
28         (2.3) The rules and regulations on early release shall
29     provide that a prisoner who is serving a sentence for
30     reckless homicide as defined in subsection (e) of Section
31     9-3 of the Criminal Code of 1961 committed on or after
32     January 1, 1999, or aggravated driving under the influence
33     of alcohol, other drug or drugs, or intoxicating compound
34     or compounds, or any combination thereof as defined in
35     subparagraph (F) of paragraph (1) of subsection (d) of
36     Section 11-501 of the Illinois Vehicle Code, shall receive

 

 

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1     no more than 4.5 days of good conduct credit for each month
2     of his or her sentence of imprisonment.
3         (2.4) The rules and regulations on early release shall
4     provide with respect to the offenses of aggravated battery
5     with a machine gun or a firearm equipped with any device or
6     attachment designed or used for silencing the report of a
7     firearm or aggravated discharge of a machine gun or a
8     firearm equipped with any device or attachment designed or
9     used for silencing the report of a firearm, committed on or
10     after July 15, 1999 (the effective date of Public Act
11     91-121) this amendatory Act of 1999, that a prisoner
12     serving a sentence for any of these offenses shall receive
13     no more than 4.5 days of good conduct credit for each month
14     of his or her sentence of imprisonment.
15         (2.5) The rules and regulations on early release shall
16     provide that a prisoner who is serving a sentence for
17     aggravated arson committed on or after July 27, 2001 (the
18     effective date of Public Act 92-176) this amendatory Act of
19     the 92nd 93rd General Assembly shall receive no more than
20     4.5 days of good conduct credit for each month of his or
21     her sentence of imprisonment.
22         (3) The rules and regulations shall also provide that
23     the Director may award up to 180 days additional good
24     conduct credit for meritorious service in specific
25     instances as the Director deems proper; except that no more
26     than 90 days of good conduct credit for meritorious service
27     shall be awarded to any prisoner who is serving a sentence
28     for conviction of first degree murder, reckless homicide
29     while under the influence of alcohol or any other drug, or
30     aggravated driving under the influence of alcohol, other
31     drug or drugs, or intoxicating compound or compounds, or
32     any combination thereof as defined in subparagraph (F) of
33     paragraph (1) of subsection (d) of Section 11-501 of the
34     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
35     predatory criminal sexual assault of a child, aggravated
36     criminal sexual assault, criminal sexual assault, deviate

 

 

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1     sexual assault, aggravated criminal sexual abuse,
2     aggravated indecent liberties with a child, indecent
3     liberties with a child, child pornography, heinous
4     battery, aggravated battery of a spouse, aggravated
5     battery of a spouse with a firearm, stalking, aggravated
6     stalking, aggravated battery of a child, endangering the
7     life or health of a child, cruelty to a child, or narcotic
8     racketeering. Notwithstanding the foregoing, good conduct
9     credit for meritorious service shall not be awarded on a
10     sentence of imprisonment imposed for conviction of: (i) one
11     of the offenses enumerated in subdivision (a)(2) when the
12     offense is committed on or after June 19, 1998, (ii)
13     reckless homicide as defined in subsection (e) of Section
14     9-3 of the Criminal Code of 1961 when the offense is
15     committed on or after January 1, 1999, or aggravated
16     driving under the influence of alcohol, other drug or
17     drugs, or intoxicating compound or compounds, or any
18     combination thereof as defined in subparagraph (F) of
19     paragraph (1) of subsection (d) of Section 11-501 of the
20     Illinois Vehicle Code, (iii) one of the offenses enumerated
21     in subdivision (a)(2.4) when the offense is committed on or
22     after July 15, 1999 (the effective date of Public Act
23     91-121) this amendatory Act of 1999, or (iv) aggravated
24     arson when the offense is committed on or after July 27,
25     2001 (the effective date of Public Act 92-176) this
26     amendatory Act of the 92nd 93rd General Assembly.
27         (4) The rules and regulations shall also provide that
28     the good conduct credit accumulated and retained under
29     paragraph (2.1) of subsection (a) of this Section by any
30     inmate during specific periods of time in which such inmate
31     is engaged full-time in substance abuse programs,
32     correctional industry assignments, or educational programs
33     provided by the Department under this paragraph (4) and
34     satisfactorily completes the assigned program as
35     determined by the standards of the Department, shall be
36     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) while assigned to a boot camp, mental health unit, or
5     electronic detention, or if convicted of an offense
6     enumerated in paragraph (a)(2) of this Section that is
7     committed on or after June 19, 1998, or if convicted of
8     reckless homicide as defined in subsection (e) of Section
9     9-3 of the Criminal Code of 1961 if the offense is
10     committed on or after January 1, 1999, or aggravated
11     driving under the influence of alcohol, other drug or
12     drugs, or intoxicating compound or compounds, or any
13     combination thereof as defined in subparagraph (F) of
14     paragraph (1) of subsection (d) of Section 11-501 of the
15     Illinois Vehicle Code, or if convicted of an offense
16     enumerated in paragraph (a)(2.4) of this Section that is
17     committed on or after July 15, 1999 (the effective date of
18     Public Act 91-121) this amendatory Act of 1999, or first
19     degree murder, a Class X felony, criminal sexual assault,
20     felony criminal sexual abuse, aggravated criminal sexual
21     abuse, aggravated battery with a firearm, or any
22     predecessor or successor offenses with the same or
23     substantially the same elements, or any inchoate offenses
24     relating to the foregoing offenses. No inmate shall be
25     eligible for the additional good conduct credit under this
26     paragraph (4) who (i) has previously received increased
27     good conduct credit under this paragraph (4) and has
28     subsequently been convicted of a felony, or (ii) has
29     previously served more than one prior sentence of
30     imprisonment for a felony in an adult correctional
31     facility.
32         Educational, vocational, substance abuse and
33     correctional industry programs under which good conduct
34     credit may be increased under this paragraph (4) shall be
35     evaluated by the Department on the basis of documented
36     standards. The Department shall report the results of these

 

 

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1     evaluations to the Governor and the General Assembly by
2     September 30th of each year. The reports shall include data
3     relating to the recidivism rate among program
4     participants.
5         Availability of these programs shall be subject to the
6     limits of fiscal resources appropriated by the General
7     Assembly for these purposes. Eligible inmates who are
8     denied immediate admission shall be placed on a waiting
9     list under criteria established by the Department. The
10     inability of any inmate to become engaged in any such
11     programs by reason of insufficient program resources or for
12     any other reason established under the rules and
13     regulations of the Department shall not be deemed a cause
14     of action under which the Department or any employee or
15     agent of the Department shall be liable for damages to the
16     inmate.
17         (4.1) The rules and regulations shall also provide that
18     an additional 60 days of good conduct credit shall be
19     awarded to any prisoner who earns a high school diploma or
20     passes the high school level Test of General Educational
21     Development (GED) and receives a GED certificate while the
22     prisoner is incarcerated. The good conduct credit awarded
23     under this paragraph (4.1) shall be in addition to, and
24     shall not affect, the award of good conduct under any other
25     paragraph of this Section.
26         (4.5) The rules and regulations on early release shall
27     also provide that a prisoner who is serving a sentence for
28     a crime committed as a result of the use of, abuse of, or
29     addiction to alcohol or a controlled substance and the
30     crime was committed on or after September 1, 2003 (the
31     effective date of Public Act 93-354) this Amendatory Act of
32     the 93rd General Assembly shall receive no good conduct
33     credit until he or she participates in and completes a
34     substance abuse treatment program. Good conduct credit
35     awarded under clauses (2), (3), and (4) of this subsection
36     (a) for crimes committed on or after September 1, 2003 the

 

 

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1     effective date of this amendatory Act of the 93rd General
2     Assembly is subject to the provisions of this clause (4.5).
3     If the prisoner completes a substance abuse treatment
4     program, the Department may award good conduct credit for
5     the time spent in treatment. Availability of substance
6     abuse treatment shall be subject to the limits of fiscal
7     resources appropriated by the General Assembly for these
8     purposes. If treatment is not available, the prisoner shall
9     be placed on a waiting list under criteria established by
10     the Department. The Department may require a prisoner
11     placed on a waiting list to attend a substance abuse
12     education class or attend substance abuse self-help
13     meetings. A prisoner may not lose good conduct credit as a
14     result of being placed on a waiting list. A prisoner placed
15     on a waiting list remains eligible for increased good
16     conduct credit for participation in an educational,
17     vocational, or correctional industry program under clause
18     (4) of subsection (a) of this Section.
19         (5) Whenever the Department is to release any inmate
20     earlier than it otherwise would because of a grant of good
21     conduct credit for meritorious service given at any time
22     during the term, the Department shall give reasonable
23     advance notice of the impending release to the State's
24     Attorney of the county where the prosecution of the inmate
25     took place.
26     (b) Whenever a person is or has been committed under
27 several convictions, with separate sentences, the sentences
28 shall be construed under Section 5-8-4 in granting and
29 forfeiting of good time.
30     (c) The Department shall prescribe rules and regulations
31 for revoking good conduct credit, or suspending or reducing the
32 rate of accumulation of good conduct credit for specific rule
33 violations, during imprisonment. These rules and regulations
34 shall provide that no inmate may be penalized more than one
35 year of good conduct credit for any one infraction.
36     When the Department seeks to revoke, suspend or reduce the

 

 

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1 rate of accumulation of any good conduct credits for an alleged
2 infraction of its rules, it shall bring charges therefor
3 against the prisoner sought to be so deprived of good conduct
4 credits before the Prisoner Review Board as provided in
5 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
6 amount of credit at issue exceeds 30 days or when during any 12
7 month period, the cumulative amount of credit revoked exceeds
8 30 days except where the infraction is committed or discovered
9 within 60 days of scheduled release. In those cases, the
10 Department of Corrections may revoke up to 30 days of good
11 conduct credit. The Board may subsequently approve the
12 revocation of additional good conduct credit, if the Department
13 seeks to revoke good conduct credit in excess of 30 days.
14 However, the Board shall not be empowered to review the
15 Department's decision with respect to the loss of 30 days of
16 good conduct credit within any calendar year for any prisoner
17 or to increase any penalty beyond the length requested by the
18 Department.
19     The Director of the Department of Corrections, in
20 appropriate cases, may restore up to 30 days good conduct
21 credits which have been revoked, suspended or reduced. Any
22 restoration of good conduct credits in excess of 30 days shall
23 be subject to review by the Prisoner Review Board. However, the
24 Board may not restore good conduct credit in excess of the
25 amount requested by the Director.
26     Nothing contained in this Section shall prohibit the
27 Prisoner Review Board from ordering, pursuant to Section
28 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
29 sentence imposed by the court that was not served due to the
30 accumulation of good conduct credit.
31     (d) If a lawsuit is filed by a prisoner in an Illinois or
32 federal court against the State, the Department of Corrections,
33 or the Prisoner Review Board, or against any of their officers
34 or employees, and the court makes a specific finding that a
35 pleading, motion, or other paper filed by the prisoner is
36 frivolous, the Department of Corrections shall conduct a

 

 

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1 hearing to revoke up to 180 days of good conduct credit by
2 bringing charges against the prisoner sought to be deprived of
3 the good conduct credits before the Prisoner Review Board as
4 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
5 If the prisoner has not accumulated 180 days of good conduct
6 credit at the time of the finding, then the Prisoner Review
7 Board may revoke all good conduct credit accumulated by the
8 prisoner.
9     For purposes of this subsection (d):
10         (1) "Frivolous" means that a pleading, motion, or other
11     filing which purports to be a legal document filed by a
12     prisoner in his or her lawsuit meets any or all of the
13     following criteria:
14             (A) it lacks an arguable basis either in law or in
15         fact;
16             (B) it is being presented for any improper purpose,
17         such as to harass or to cause unnecessary delay or
18         needless increase in the cost of litigation;
19             (C) the claims, defenses, and other legal
20         contentions therein are not warranted by existing law
21         or by a nonfrivolous argument for the extension,
22         modification, or reversal of existing law or the
23         establishment of new law;
24             (D) the allegations and other factual contentions
25         do not have evidentiary support or, if specifically so
26         identified, are not likely to have evidentiary support
27         after a reasonable opportunity for further
28         investigation or discovery; or
29             (E) the denials of factual contentions are not
30         warranted on the evidence, or if specifically so
31         identified, are not reasonably based on a lack of
32         information or belief.
33         (2) "Lawsuit" means a petition for post-conviction
34     relief under Article 122 of the Code of Criminal Procedure
35     of 1963, a motion pursuant to Section 116-3 of the Code of
36     Criminal Procedure of 1963, a habeas corpus action under

 

 

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1     Article X of the Code of Civil Procedure or under federal
2     law (28 U.S.C. 2254), a petition for claim under the Court
3     of Claims Act or an action under the federal Civil Rights
4     Act (42 U.S.C. 1983).
5     (e) Nothing in Public Act 90-592 or 90-593 this amendatory
6 Act of 1998 affects the validity of Public Act 89-404.
7 (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02;
8 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
 
9     (730 ILCS 5/3-6-8 new)
10     Sec. 3-6-8. High school educational programs. The
11 Department of Corrections shall develop and establish a program
12 designed to increase the number of committed persons enrolled
13 in programs to obtain a high school diploma or to pass the high
14 school level Test of General Educational Development (GED) and
15 receive GED certificates by at least 100% over the 4-year
16 period following the effective date of this amendatory Act of
17 the 94th General Assembly. Pursuant to the program, each
18 institution and facility shall report annually to the Director
19 of Corrections on the number of committed persons enrolled in
20 high school education programs and those who pass the high
21 school level Test of General Educational Development (GED) and
22 receive GED certificates, and the number of committed persons
23 who are on waiting lists for those educational programs.
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.