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Full Text of SB1391  95th General Assembly

SB1391 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1391

 

Introduced 2/9/2007, by Sen. Ms. Mattie Hunter

 

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

    Amends the Unified Code of Corrections. Provides that 90 days of early release from parole shall be awarded to any parolee who passes the high school level Test of General Educational Development (GED) while the parolee is on parole. Provides that the early release from parole awarded shall be in addition to, and shall not be affected by, the award of good conduct under any other provision, but shall not be pursuant to the guidelines and restrictions set forth for prisoners engaged in full-time educational programs provided by the Department of Corrections. Provides that the early release from parole shall be available only to parolees who have not yet previously earned a high school diploma or a GED.


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A BILL FOR

 

SB1391 LRB095 11016 RLC 31330 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), the following:
21             (i) that a prisoner who is serving a term of
22         imprisonment for first degree murder or for the offense
23         of terrorism shall receive no good conduct credit and

 

 

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

 

 

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1         conduct leading to conviction for the offense resulted
2         in great bodily harm to the victim, shall receive no
3         more than 4.5 days of good conduct credit for each
4         month of his or her sentence of imprisonment.
5         (2.1) For all offenses, other than those enumerated in
6     subdivision (a)(2)(i), (ii), or (iii) committed on or after
7     June 19, 1998 or subdivision (a)(2)(iv) committed on or
8     after June 23, 2005 (the effective date of Public Act
9     94-71), and other than the offense of reckless homicide as
10     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, cruelty to a child, or narcotic
25     racketeering. Notwithstanding the foregoing, good conduct
26     credit for meritorious service shall not be awarded on a

 

 

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

 

 

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1     determined by the standards of the Department, shall be
2     multiplied by a factor of 1.25 for program participation
3     before August 11, 1993 and 1.50 for program participation
4     on or after that date. However, no inmate shall be eligible
5     for the additional good conduct credit under this paragraph
6     (4) or (4.1) of this subsection (a) while assigned to a
7     boot camp or electronic detention, or if convicted of an
8     offense enumerated in subdivision (a)(2)(i), (ii), or
9     (iii) of this Section that is committed on or after June
10     19, 1998 or subdivision (a)(2)(iv) of this Section that is
11     committed on or after June 23, 2005 (the effective date of
12     Public Act 94-71), or if convicted of reckless homicide as
13     defined in subsection (e) of Section 9-3 of the Criminal
14     Code of 1961 if the offense is committed on or after
15     January 1, 1999, or aggravated driving under the influence
16     of alcohol, other drug or drugs, or intoxicating compound
17     or compounds, or any combination thereof as defined in
18     subparagraph (F) of paragraph (1) of subsection (d) of
19     Section 11-501 of the Illinois Vehicle Code, or if
20     convicted of an offense enumerated in paragraph (a)(2.4) of
21     this Section that is committed on or after July 15, 1999
22     (the effective date of Public Act 91-121), or first degree
23     murder, a Class X felony, criminal sexual assault, felony
24     criminal sexual abuse, aggravated criminal sexual abuse,
25     aggravated battery with a firearm, or any predecessor or
26     successor offenses with the same or substantially the same

 

 

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1     elements, or any inchoate offenses relating to the
2     foregoing offenses. No inmate shall be eligible for the
3     additional good conduct credit under this paragraph (4) who
4     (i) has previously received increased good conduct credit
5     under this paragraph (4) and has subsequently been
6     convicted of a felony, or (ii) has previously served more
7     than one prior sentence of imprisonment for a felony in an
8     adult correctional facility.
9         Educational, vocational, substance abuse and
10     correctional industry programs under which good conduct
11     credit may be increased under this paragraph (4) and
12     paragraph (4.1) of this subsection (a) shall be evaluated
13     by the Department on the basis of documented standards. The
14     Department shall report the results of these evaluations to
15     the Governor and the General Assembly by September 30th of
16     each year. The reports shall include data relating to the
17     recidivism rate among program participants.
18         Availability of these programs shall be subject to the
19     limits of fiscal resources appropriated by the General
20     Assembly for these purposes. Eligible inmates who are
21     denied immediate admission shall be placed on a waiting
22     list under criteria established by the Department. The
23     inability of any inmate to become engaged in any such
24     programs by reason of insufficient program resources or for
25     any other reason established under the rules and
26     regulations of the Department shall not be deemed a cause

 

 

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1     of action under which the Department or any employee or
2     agent of the Department shall be liable for damages to the
3     inmate.
4         (4.1) The rules and regulations shall also provide that
5     an additional 60 days of good conduct credit shall be
6     awarded to any prisoner who passes the high school level
7     Test of General Educational Development (GED) while the
8     prisoner is incarcerated. The good conduct credit awarded
9     under this paragraph (4.1) shall be in addition to, and
10     shall not affect, the award of good conduct under any other
11     paragraph of this Section, but shall also be pursuant to
12     the guidelines and restrictions set forth in paragraph (4)
13     of subsection (a) of this Section. The good conduct credit
14     provided for in this paragraph shall be available only to
15     those prisoners who have not previously earned a high
16     school diploma or a GED. If, after an award of the GED good
17     conduct credit has been made and the Department determines
18     that the prisoner was not eligible, then the award shall be
19     revoked.
20         (4.5) The rules and regulations on early release shall
21     also provide that when the court's sentencing order
22     recommends a prisoner for substance abuse treatment and the
23     crime was committed on or after September 1, 2003 (the
24     effective date of Public Act 93-354), the prisoner shall
25     receive no good conduct credit awarded under clause (3) of
26     this subsection (a) unless he or she participates in and

 

 

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1     completes a substance abuse treatment program. The
2     Director may waive the requirement to participate in or
3     complete a substance abuse treatment program and award the
4     good conduct credit in specific instances if the prisoner
5     is not a good candidate for a substance abuse treatment
6     program for medical, programming, or operational reasons.
7     Availability of substance abuse treatment shall be subject
8     to the limits of fiscal resources appropriated by the
9     General Assembly for these purposes. If treatment is not
10     available and the requirement to participate and complete
11     the treatment has not been waived by the Director, the
12     prisoner shall be placed on a waiting list under criteria
13     established by the Department. The Director may allow a
14     prisoner placed on a waiting list to participate in and
15     complete a substance abuse education class or attend
16     substance abuse self-help meetings in lieu of a substance
17     abuse treatment program. A prisoner on a waiting list who
18     is not placed in a substance abuse program prior to release
19     may be eligible for a waiver and receive good conduct
20     credit under clause (3) of this subsection (a) at the
21     discretion of the Director.
22         (4.6) Due to the importance of education on recidivism,
23     the rules and regulations shall also provide that 90 days
24     of early release from parole shall be awarded to any
25     parolee who passes the high school level Test of General
26     Educational Development (GED) while the parolee is on

 

 

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1     parole. The early release from parole awarded under this
2     paragraph (4.6) shall be in addition to, and shall not be
3     affected by, the award of good conduct under any other
4     paragraph of this Section, but shall not be pursuant to the
5     guidelines and restrictions set forth in paragraph (4) of
6     this subsection (a). The early release from parole provided
7     for in this paragraph shall be available only to parolees
8     who have not yet previously earned a high school diploma or
9     a GED.
10         (5) Whenever the Department is to release any inmate
11     earlier than it otherwise would because of a grant of good
12     conduct credit for meritorious service given at any time
13     during the term, the Department shall give reasonable
14     advance notice of the impending release to the State's
15     Attorney of the county where the prosecution of the inmate
16     took place.
17     (b) Whenever a person is or has been committed under
18 several convictions, with separate sentences, the sentences
19 shall be construed under Section 5-8-4 in granting and
20 forfeiting of good time.
21     (c) The Department shall prescribe rules and regulations
22 for revoking good conduct credit, or suspending or reducing the
23 rate of accumulation of good conduct credit for specific rule
24 violations, during imprisonment. These rules and regulations
25 shall provide that no inmate may be penalized more than one
26 year of good conduct credit for any one infraction.

 

 

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1     When the Department seeks to revoke, suspend or reduce the
2 rate of accumulation of any good conduct credits for an alleged
3 infraction of its rules, it shall bring charges therefor
4 against the prisoner sought to be so deprived of good conduct
5 credits before the Prisoner Review Board as provided in
6 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
7 amount of credit at issue exceeds 30 days or when during any 12
8 month period, the cumulative amount of credit revoked exceeds
9 30 days except where the infraction is committed or discovered
10 within 60 days of scheduled release. In those cases, the
11 Department of Corrections may revoke up to 30 days of good
12 conduct credit. The Board may subsequently approve the
13 revocation of additional good conduct credit, if the Department
14 seeks to revoke good conduct credit in excess of 30 days.
15 However, the Board shall not be empowered to review the
16 Department's decision with respect to the loss of 30 days of
17 good conduct credit within any calendar year for any prisoner
18 or to increase any penalty beyond the length requested by the
19 Department.
20     The Director of the Department of Corrections, in
21 appropriate cases, may restore up to 30 days good conduct
22 credits which have been revoked, suspended or reduced. Any
23 restoration of good conduct credits in excess of 30 days shall
24 be subject to review by the Prisoner Review Board. However, the
25 Board may not restore good conduct credit in excess of the
26 amount requested by the Director.

 

 

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

 

 

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1             (B) it is being presented for any improper purpose,
2         such as to harass or to cause unnecessary delay or
3         needless increase in the cost of litigation;
4             (C) the claims, defenses, and other legal
5         contentions therein are not warranted by existing law
6         or by a nonfrivolous argument for the extension,
7         modification, or reversal of existing law or the
8         establishment of new law;
9             (D) the allegations and other factual contentions
10         do not have evidentiary support or, if specifically so
11         identified, are not likely to have evidentiary support
12         after a reasonable opportunity for further
13         investigation or discovery; or
14             (E) the denials of factual contentions are not
15         warranted on the evidence, or if specifically so
16         identified, are not reasonably based on a lack of
17         information or belief.
18         (2) "Lawsuit" means a petition for post-conviction
19     relief under Article 122 of the Code of Criminal Procedure
20     of 1963, a motion pursuant to Section 116-3 of the Code of
21     Criminal Procedure of 1963, a habeas corpus action under
22     Article X of the Code of Civil Procedure or under federal
23     law (28 U.S.C. 2254), a petition for claim under the Court
24     of Claims Act or an action under the federal Civil Rights
25     Act (42 U.S.C. 1983).
26     (e) Nothing in Public Act 90-592 or 90-593 affects the

 

 

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1 validity of Public Act 89-404.
2 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
3 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
4 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)