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Full Text of SB1537  95th General Assembly

SB1537 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1537

 

Introduced 2/9/2007, by Sen. Matt Murphy - Dale A. Righter - Christine Radogno

 

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

    Amends the Unified Code of Corrections. Provides that a prisoner who is serving a term of imprisonment for being an armed habitual criminal shall receive no good conduct credit and shall serve the entire sentence imposed by the court (rather than no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment).


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1537 LRB095 06877 RLC 27938 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-3 as follows:
 
6     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7     Sec. 3-6-3. Rules and Regulations for Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses listed in clause (i),
14     (ii), or (iii) of this paragraph (2) committed on or after
15     June 19, 1998 or with respect to the offense listed in
16     clause (iv) of this paragraph (2) committed on or after
17     June 23, 2005 (the effective date of Public Act 94-71) or
18     clause (ii) of this paragraph (2) with respect to the
19     offense of being an armed habitual criminal committed on or
20     after August 2, 2005 (the effective date of Public Act
21     94-398) and before the effective date of this amendatory
22     Act of the 95th General Assembly, or clause (i) of this
23     paragraph (2) with respect to the offense of being an armed

 

 

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1     habitual criminal committed on or after the effective date
2     of this amendatory Act of the 95th General Assembly, the
3     following:
4             (i) that a prisoner who is serving a term of
5         imprisonment for first degree murder, for being an
6         armed habitual criminal, or for the offense of
7         terrorism shall receive no good conduct credit and
8         shall serve the entire sentence imposed by the court;
9             (ii) that a prisoner serving a sentence for attempt
10         to commit first degree murder, solicitation of murder,
11         solicitation of murder for hire, intentional homicide
12         of an unborn child, predatory criminal sexual assault
13         of a child, aggravated criminal sexual assault,
14         criminal sexual assault, aggravated kidnapping,
15         aggravated battery with a firearm, heinous battery,
16         being an armed habitual criminal, aggravated battery
17         of a senior citizen, or aggravated battery of a child
18         shall receive no more than 4.5 days of good conduct
19         credit for each month of his or her sentence of
20         imprisonment;
21             (iii) that a prisoner serving a sentence for home
22         invasion, armed robbery, aggravated vehicular
23         hijacking, aggravated discharge of a firearm, or armed
24         violence with a category I weapon or category II
25         weapon, when the court has made and entered a finding,
26         pursuant to subsection (c-1) of Section 5-4-1 of this

 

 

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1         Code, that the conduct leading to conviction for the
2         enumerated offense resulted in great bodily harm to a
3         victim, shall receive no more than 4.5 days of good
4         conduct credit for each month of his or her sentence of
5         imprisonment; and
6             (iv) that a prisoner serving a sentence for
7         aggravated discharge of a firearm, whether or not the
8         conduct leading to conviction for the offense resulted
9         in great bodily harm to the victim, shall receive no
10         more than 4.5 days of good conduct credit for each
11         month of his or her sentence of imprisonment.
12         (2.1) For all offenses, other than those enumerated in
13     subdivision (a)(2)(i), (ii), or (iii) committed on or after
14     June 19, 1998 or subdivision (a)(2)(iv) committed on or
15     after June 23, 2005 (the effective date of Public Act
16     94-71), and other than the offense of reckless homicide as
17     defined in subsection (e) of Section 9-3 of the Criminal
18     Code of 1961 committed on or after January 1, 1999, 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
23     Illinois Vehicle Code, the rules and regulations shall
24     provide that a prisoner who is serving a term of
25     imprisonment shall receive one day of good conduct credit
26     for each day of his or her sentence of imprisonment or

 

 

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1     recommitment under Section 3-3-9. Each day of good conduct
2     credit shall reduce by one day the prisoner's period of
3     imprisonment or recommitment under Section 3-3-9.
4         (2.2) A prisoner serving a term of natural life
5     imprisonment or a prisoner who has been sentenced to death
6     shall receive no good conduct credit.
7         (2.3) The rules and regulations on early release shall
8     provide that a prisoner who is serving a sentence for
9     reckless homicide as defined in subsection (e) of Section
10     9-3 of the Criminal Code of 1961 committed on or after
11     January 1, 1999, or aggravated driving under the influence
12     of alcohol, other drug or drugs, or intoxicating compound
13     or compounds, or any combination thereof as defined in
14     subparagraph (F) of paragraph (1) of subsection (d) of
15     Section 11-501 of the Illinois Vehicle Code, shall receive
16     no more than 4.5 days of good conduct credit for each month
17     of his or her sentence of imprisonment.
18         (2.4) The rules and regulations on early release shall
19     provide with respect to the offenses of aggravated battery
20     with a machine gun or a firearm equipped with any device or
21     attachment designed or used for silencing the report of a
22     firearm or aggravated discharge of a machine gun or a
23     firearm equipped with any device or attachment designed or
24     used for silencing the report of a firearm, committed on or
25     after July 15, 1999 (the effective date of Public Act
26     91-121), that a prisoner serving a sentence for any of

 

 

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1     these offenses shall receive no more than 4.5 days of good
2     conduct credit for each month of his or her sentence of
3     imprisonment.
4         (2.5) The rules and regulations on early release shall
5     provide that a prisoner who is serving a sentence for
6     aggravated arson committed on or after July 27, 2001 (the
7     effective date of Public Act 92-176) shall receive no more
8     than 4.5 days of good conduct credit for each month of his
9     or her sentence of imprisonment.
10         (3) The rules and regulations shall also provide that
11     the Director may award up to 180 days additional good
12     conduct credit for meritorious service in specific
13     instances as the Director deems proper; except that no more
14     than 90 days of good conduct credit for meritorious service
15     shall be awarded to any prisoner who is serving a sentence
16     for conviction of first degree murder, reckless homicide
17     while under the influence of alcohol or any other drug, or
18     aggravated driving under the influence of alcohol, other
19     drug or drugs, or intoxicating compound or compounds, or
20     any combination thereof as defined in subparagraph (F) of
21     paragraph (1) of subsection (d) of Section 11-501 of the
22     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
23     predatory criminal sexual assault of a child, aggravated
24     criminal sexual assault, criminal sexual assault, deviate
25     sexual assault, aggravated criminal sexual abuse,
26     aggravated indecent liberties with a child, indecent

 

 

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1     liberties with a child, child pornography, heinous
2     battery, aggravated battery of a spouse, aggravated
3     battery of a spouse with a firearm, stalking, aggravated
4     stalking, aggravated battery of a child, endangering the
5     life or health of a child, cruelty to a child, or narcotic
6     racketeering. Notwithstanding the foregoing, good conduct
7     credit for meritorious service shall not be awarded on a
8     sentence of imprisonment imposed for conviction of: (i) one
9     of the offenses enumerated in subdivision (a)(2)(i), (ii),
10     or (iii) when the offense is committed on or after June 19,
11     1998 or subdivision (a)(2)(iv) when the offense is
12     committed on or after June 23, 2005 (the effective date of
13     Public Act 94-71), (ii) reckless homicide as defined in
14     subsection (e) of Section 9-3 of the Criminal Code of 1961
15     when the offense is committed on or after January 1, 1999,
16     or aggravated driving under the influence of alcohol, other
17     drug or drugs, or intoxicating compound or compounds, or
18     any 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), or (iv) aggravated arson when the offense is
24     committed on or after July 27, 2001 (the effective date of
25     Public Act 92-176).
26         (4) The rules and regulations shall also provide that

 

 

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1     the good conduct credit accumulated and retained under
2     paragraph (2.1) of subsection (a) of this Section by any
3     inmate during specific periods of time in which such inmate
4     is engaged full-time in substance abuse programs,
5     correctional industry assignments, or educational programs
6     provided by the Department under this paragraph (4) and
7     satisfactorily completes the assigned program as
8     determined by the standards of the Department, shall be
9     multiplied by a factor of 1.25 for program participation
10     before August 11, 1993 and 1.50 for program participation
11     on or after that date. However, no inmate shall be eligible
12     for the additional good conduct credit under this paragraph
13     (4) or (4.1) of this subsection (a) while assigned to a
14     boot camp or electronic detention, or if convicted of an
15     offense enumerated in subdivision (a)(2)(i), (ii), or
16     (iii) of this Section that is committed on or after June
17     19, 1998 or subdivision (a)(2)(iv) of this Section that is
18     committed on or after June 23, 2005 (the effective date of
19     Public Act 94-71), or if convicted of reckless homicide as
20     defined in subsection (e) of Section 9-3 of the Criminal
21     Code of 1961 if the offense is committed on or after
22     January 1, 1999, or aggravated driving under the influence
23     of alcohol, other drug or drugs, or intoxicating compound
24     or compounds, or any combination thereof as defined in
25     subparagraph (F) of paragraph (1) of subsection (d) of
26     Section 11-501 of the Illinois Vehicle Code, or if

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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