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Full Text of HB1557  95th General Assembly

HB1557 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1557

 

Introduced 2/22/2007, by Rep. Edward J. Acevedo

 

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 serving a sentence for gunrunning, narcotics racketeering, delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, controlled substance trafficking, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, certain other specified violations of the Illinois Controlled Substances Act, participation in methamphetamine manufacturing, methamphetamine-related child endangerment, methamphetamine delivery, possession of methamphetamine with intent to deliver, methamphetamine trafficking, methamphetamine conspiracy, cannabis trafficking, delivery of cannabis on school grounds, calculated criminal cannabis conspiracy, certain other specified violations of the Cannabis Control Act, a Class 2 or greater felony conviction for money laundering, or drug induced homicide shall receive no more than 7.5 days good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1557 LRB095 06782 RLC 31406 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     with respect to the offense of being an armed habitual
19     criminal committed on or after August 2, 2005 (the
20     effective date of Public Act 94-398) or with respect to the
21     offenses listed in clause (v) of this paragraph (2)
22     committed on or after the effective date of this amendatory
23     Act of the 95th General Assembly, the following:

 

 

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

 

 

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1         imprisonment; and
2             (iv) that a prisoner serving a sentence for
3         aggravated discharge of a firearm, whether or not the
4         conduct leading to conviction for the offense resulted
5         in great bodily harm to the victim, shall receive no
6         more than 4.5 days of good conduct credit for each
7         month of his or her sentence of imprisonment; and .
8             (v) that a prisoner serving a sentence for
9         gunrunning, narcotics racketeering, delivery of a
10         controlled substance, possession of a controlled
11         substance with intent to manufacture or deliver,
12         controlled substance trafficking, calculated criminal
13         drug conspiracy, criminal drug conspiracy, street gang
14         criminal drug conspiracy, Sections 407, 407.1, or
15         407.2 of the Illinois Controlled Substances Act,
16         participation in methamphetamine manufacturing,
17         methamphetamine-related child endangerment,
18         methamphetamine delivery, possession of
19         methamphetamine with intent to deliver,
20         methamphetamine trafficking, methamphetamine
21         conspiracy, Sections 5(e), 5(f), or 5(g) of the
22         Cannabis Control Act, cannabis trafficking, delivery
23         of cannabis on school grounds, calculated criminal
24         cannabis conspiracy, a Class 2 or greater felony
25         conviction for money laundering, or drug induced
26         homicide shall receive no more than 7.5 days good

 

 

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

 

 

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1     provide that a prisoner who is serving a sentence for
2     reckless homicide as defined in subsection (e) of Section
3     9-3 of the Criminal Code of 1961 committed on or after
4     January 1, 1999, or aggravated driving under the influence
5     of alcohol, other drug or drugs, or intoxicating compound
6     or compounds, or any combination thereof as defined in
7     subparagraph (F) of paragraph (1) of subsection (d) of
8     Section 11-501 of the Illinois Vehicle Code, shall receive
9     no more than 4.5 days of good conduct credit for each month
10     of his or her sentence of imprisonment.
11         (2.4) The rules and regulations on early release shall
12     provide with respect to the offenses of aggravated battery
13     with a machine gun or a firearm equipped with any device or
14     attachment designed or used for silencing the report of a
15     firearm or aggravated discharge of a machine gun or a
16     firearm equipped with any device or attachment designed or
17     used for silencing the report of a firearm, committed on or
18     after July 15, 1999 (the effective date of Public Act
19     91-121), that a prisoner serving a sentence for any of
20     these offenses 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         (2.5) The rules and regulations on early release shall
24     provide that a prisoner who is serving a sentence for
25     aggravated arson committed on or after July 27, 2001 (the
26     effective date of Public Act 92-176) shall receive no more

 

 

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1     than 4.5 days of good conduct credit for each month of his
2     or her sentence of imprisonment.
3         (3) The rules and regulations shall also provide that
4     the Director may award up to 180 days additional good
5     conduct credit for meritorious service in specific
6     instances as the Director deems proper; except that no more
7     than 90 days of good conduct credit for meritorious service
8     shall be awarded to any prisoner who is serving a sentence
9     for conviction of first degree murder, reckless homicide
10     while under the influence of alcohol or any other drug, or
11     aggravated driving under the influence of alcohol, other
12     drug or drugs, or intoxicating compound or compounds, or
13     any combination thereof as defined in subparagraph (F) of
14     paragraph (1) of subsection (d) of Section 11-501 of the
15     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
16     predatory criminal sexual assault of a child, aggravated
17     criminal sexual assault, criminal sexual assault, deviate
18     sexual assault, aggravated criminal sexual abuse,
19     aggravated indecent liberties with a child, indecent
20     liberties with a child, child pornography, heinous
21     battery, aggravated battery of a spouse, aggravated
22     battery of a spouse with a firearm, stalking, aggravated
23     stalking, aggravated battery of a child, endangering the
24     life or health of a child, or cruelty to a child, or
25     narcotic racketeering. Notwithstanding the foregoing, good
26     conduct credit for meritorious service shall not be awarded

 

 

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1     on a sentence of imprisonment imposed for conviction of:
2     (i) one of the offenses enumerated in subdivision
3     (a)(2)(i), (ii), or (iii) when the offense is committed on
4     or after June 19, 1998 or subdivision (a)(2)(iv) when the
5     offense is committed on or after June 23, 2005 (the
6     effective date of Public Act 94-71) or subdivision
7     (a)(2)(v) when the offense is committed on or after the
8     effective date of this amendatory Act of the 95th General
9     Assembly, (ii) reckless homicide as defined in subsection
10     (e) of Section 9-3 of the Criminal Code of 1961 when the
11     offense is committed on or after January 1, 1999, or
12     aggravated driving under the influence of alcohol, other
13     drug or drugs, or intoxicating compound or compounds, or
14     any combination thereof as defined in subparagraph (F) of
15     paragraph (1) of subsection (d) of Section 11-501 of the
16     Illinois Vehicle Code, (iii) one of the offenses enumerated
17     in subdivision (a)(2.4) when the offense is committed on or
18     after July 15, 1999 (the effective date of Public Act
19     91-121), or (iv) aggravated arson when the offense is
20     committed on or after July 27, 2001 (the effective date of
21     Public Act 92-176).
22         (4) The rules and regulations shall also provide that
23     the good conduct credit accumulated and retained under
24     paragraph (2.1) of subsection (a) of this Section by any
25     inmate during specific periods of time in which such inmate
26     is engaged full-time in substance abuse programs,

 

 

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1     correctional industry assignments, or educational programs
2     provided by the Department under this paragraph (4) and
3     satisfactorily completes the assigned program as
4     determined by the standards of the Department, shall be
5     multiplied by a factor of 1.25 for program participation
6     before August 11, 1993 and 1.50 for program participation
7     on or after that date. However, no inmate shall be eligible
8     for the additional good conduct credit under this paragraph
9     (4) or (4.1) of this subsection (a) while assigned to a
10     boot camp or electronic detention, or if convicted of an
11     offense enumerated in subdivision (a)(2)(i), (ii), or
12     (iii) of this Section that is committed on or after June
13     19, 1998 or subdivision (a)(2)(iv) of this Section that is
14     committed on or after June 23, 2005 (the effective date of
15     Public Act 94-71) or subdivision (a)(2)(v) of this Section
16     that is committed on or after the effective date of this
17     amendatory Act of the 95th General Assembly, or if
18     convicted of reckless homicide as defined in subsection (e)
19     of Section 9-3 of the Criminal Code of 1961 if the offense
20     is committed on or after January 1, 1999, or aggravated
21     driving under the influence of alcohol, other drug or
22     drugs, or intoxicating compound or compounds, or any
23     combination thereof as defined in subparagraph (F) of
24     paragraph (1) of subsection (d) of Section 11-501 of the
25     Illinois Vehicle Code, or if convicted of an offense
26     enumerated in paragraph (a)(2.4) of this Section that is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1             (D) the allegations and other factual contentions
2         do not have evidentiary support or, if specifically so
3         identified, are not likely to have evidentiary support
4         after a reasonable opportunity for further
5         investigation or discovery; or
6             (E) the denials of factual contentions are not
7         warranted on the evidence, or if specifically so
8         identified, are not reasonably based on a lack of
9         information or belief.
10         (2) "Lawsuit" means a petition for post-conviction
11     relief under Article 122 of the Code of Criminal Procedure
12     of 1963, a motion pursuant to Section 116-3 of the Code of
13     Criminal Procedure of 1963, a habeas corpus action under
14     Article X of the Code of Civil Procedure or under federal
15     law (28 U.S.C. 2254), a petition for claim under the Court
16     of Claims Act or an action under the federal Civil Rights
17     Act (42 U.S.C. 1983).
18     (e) Nothing in Public Act 90-592 or 90-593 affects the
19 validity of Public Act 89-404.
20 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
21 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
22 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.