Full Text of SB2716 95th General Assembly
SB2716sam001 95TH GENERAL ASSEMBLY
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Sen. Michael Bond
Filed: 4/2/2008
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| AMENDMENT TO SENATE BILL 2716
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| AMENDMENT NO. ______. Amend Senate Bill 2716 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Sections 11-25 and 11-26 as follows: | 6 |
| (720 ILCS 5/11-25 new) | 7 |
| Sec. 11-25. Continuous sexual abuse of a young child. | 8 |
| (a) A person commits the offense of continuous sexual abuse | 9 |
| of a young child if: | 10 |
| (1) during a period that is 30 or more days in duration | 11 |
| the person commits 2 or more acts of sexual abuse, | 12 |
| regardless of whether the acts of sexual abuse are | 13 |
| committed against one or more victims; and | 14 |
| (2) at the time of the commission of each of the acts | 15 |
| of sexual abuse, the defendant is 17 years of age or older | 16 |
| and the victim is a child under 14 years of age. |
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| (b) Sentence. Continuous sexual abuse of a young child is a | 2 |
| Class X felony for which the defendant shall be sentenced to a | 3 |
| term of imprisonment of not less than 25 years and not more | 4 |
| than 99 years. | 5 |
| (c) In this Section and Section 11-26 of this Code, "sexual | 6 |
| abuse" means the commission of any of the following offenses: | 7 |
| (1) criminal sexual assault; | 8 |
| (2) aggravated criminal sexual assault; | 9 |
| (3) predatory criminal sexual assault of a child; | 10 |
| (4) aggravated kidnapping with the intent to commit an | 11 |
| act of sexual penetration or sexual conduct with the victim | 12 |
| as defined in Section 12-12 of this Code, other than the | 13 |
| touching or fondling of the breasts of the victim; | 14 |
| (5) residential burglary with the intent to commit an | 15 |
| offense described in Article 11 or Sections 12-13 through | 16 |
| 12-16.2 of this Code; or | 17 |
| (6) sexual exploitation of a child. | 18 |
| (720 ILCS 5/11-26 new)
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| Sec. 11-26. Aggravated continuous sexual abuse of a young | 20 |
| child. | 21 |
| (a) A person commits the offense of aggravated continuous | 22 |
| sexual abuse of a young child if the person commits the offense | 23 |
| of continuous sexual abuse of a young child and either: | 24 |
| (1) the victim of the offense is under 6 years of age | 25 |
| at the time of the offense; or |
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| (2) the victim of the offense is under 14 years of age | 2 |
| at the time of the offense and the defendant causes great | 3 |
| bodily harm or permanent disability or disfigurement to the | 4 |
| victim or threatens death to the victim or uses or exhibits | 5 |
| a deadly weapon during the commission of the offense. | 6 |
| (b) Sentence. Aggravated continuous sexual abuse of a young | 7 |
| child is a Class X felony for which the defendant shall be | 8 |
| sentenced to a term of imprisonment of not less than 25 years | 9 |
| and not more than 99 years. | 10 |
| Section 10. The Unified Code of Corrections is amended by | 11 |
| changing Section 3-6-3 as follows:
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| (Text of Section before amendment by P.A. 95-585, 95-625, | 14 |
| and 95-640 ) | 15 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe | 17 |
| rules
and regulations for the early release on account of | 18 |
| good
conduct of persons committed to the Department which | 19 |
| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall | 21 |
| provide, with
respect to offenses listed in clause (i), | 22 |
| (ii), or (iii) of this paragraph (2) committed on or after | 23 |
| June 19, 1998 or with respect to the offense listed in | 24 |
| clause (iv) of this paragraph (2) committed on or after |
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| June 23, 2005 (the effective date of Public Act 94-71) or | 2 |
| with respect to the offense of being an armed habitual | 3 |
| criminal committed on or after August 2, 2005 (the | 4 |
| effective date of Public Act 94-398) or with respect to the | 5 |
| offenses listed in clause (v) of this paragraph (2) | 6 |
| committed on or after August 13, 2007 ( the effective date | 7 |
| of Public Act 95-134) or with respect to the offenses of | 8 |
| continuous sexual abuse of a young child and aggravated | 9 |
| continuous sexual abuse of a young child
this amendatory | 10 |
| Act of the 95th General Assembly , the following:
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| (i) that a prisoner who is serving a term of | 12 |
| imprisonment for first
degree murder , continuous | 13 |
| sexual abuse of a young child, aggravated continuous | 14 |
| sexual abuse of a young child, or for the offense of | 15 |
| terrorism shall receive no good conduct
credit and | 16 |
| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt | 18 |
| to commit first
degree murder, solicitation of murder, | 19 |
| solicitation of murder for hire,
intentional homicide | 20 |
| of an unborn child, predatory criminal sexual assault | 21 |
| of a
child, aggravated criminal sexual assault, | 22 |
| criminal sexual assault, aggravated
kidnapping, | 23 |
| aggravated battery with a firearm, heinous battery, | 24 |
| being an armed habitual criminal, aggravated
battery | 25 |
| of a senior citizen, or aggravated battery of a child | 26 |
| shall receive no
more than 4.5 days of good conduct |
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| credit for each month of his or her sentence
of | 2 |
| imprisonment;
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| (iii) that a prisoner serving a sentence
for home | 4 |
| invasion, armed robbery, aggravated vehicular | 5 |
| hijacking,
aggravated discharge of a firearm, or armed | 6 |
| violence with a category I weapon
or category II | 7 |
| weapon, when the court
has made and entered a finding, | 8 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 9 |
| Code, that the conduct leading to conviction for the | 10 |
| enumerated offense
resulted in great bodily harm to a | 11 |
| victim, shall receive no more than 4.5 days
of good | 12 |
| conduct credit for each month of his or her sentence of | 13 |
| imprisonment;
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| (iv) that a prisoner serving a sentence for | 15 |
| aggravated discharge of a firearm, whether or not the | 16 |
| conduct leading to conviction for the offense resulted | 17 |
| in great bodily harm to the victim, shall receive no | 18 |
| more than 4.5 days of good conduct credit for each | 19 |
| month of his or her sentence of imprisonment; and
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| (v) that a person serving a sentence for | 21 |
| gunrunning, narcotics racketeering, controlled | 22 |
| substance trafficking, methamphetamine trafficking, | 23 |
| drug-induced homicide, aggravated | 24 |
| methamphetamine-related child endangerment, money | 25 |
| laundering pursuant to clause (c) (4) or (5) of Section | 26 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony |
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| conviction for delivery of a controlled substance, | 2 |
| possession of a controlled substance with intent to | 3 |
| manufacture or deliver, calculated criminal drug | 4 |
| conspiracy, criminal drug conspiracy, street gang | 5 |
| criminal drug conspiracy, participation in | 6 |
| methamphetamine manufacturing, aggravated | 7 |
| participation in methamphetamine manufacturing, | 8 |
| delivery of methamphetamine, possession with intent to | 9 |
| deliver methamphetamine, aggravated delivery of | 10 |
| methamphetamine, aggravated possession with intent to | 11 |
| deliver methamphetamine, methamphetamine conspiracy | 12 |
| when the substance containing the controlled substance | 13 |
| or methamphetamine is 100 grams or more shall receive | 14 |
| no more than 7.5 days good conduct credit for each | 15 |
| month of his or her sentence of imprisonment.
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| (2.1) For all offenses, other than those enumerated in | 17 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 18 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 19 |
| after June 23, 2005 (the effective date of Public Act | 20 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 21 |
| August 13, 2007 (the effective date of Public Act 95-134)
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| the effective date of this amendatory Act of the 95th | 23 |
| General Assembly , and other than the offense of reckless
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| homicide as defined in subsection (e) of Section 9-3 of the | 25 |
| Criminal Code of
1961 committed on or after January 1, | 26 |
| 1999,
or aggravated driving under the influence of alcohol, |
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| other drug or drugs, or
intoxicating compound or compounds, | 2 |
| or any combination thereof as defined in
subparagraph (F) | 3 |
| of paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit | 7 |
| for each day of
his or her sentence of imprisonment or | 8 |
| recommitment under Section 3-3-9.
Each day of good conduct | 9 |
| credit shall reduce by one day the prisoner's period
of | 10 |
| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 12 |
| imprisonment or a
prisoner who has been sentenced to death | 13 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 15 |
| provide that
a prisoner who is serving a sentence for | 16 |
| reckless homicide as defined in
subsection (e) of Section | 17 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 18 |
| January 1, 1999, or aggravated driving under the influence | 19 |
| of alcohol,
other drug or drugs, or intoxicating compound | 20 |
| or compounds, or any combination
thereof as defined in | 21 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive | 23 |
| no more than 4.5
days of good conduct credit for each month | 24 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 26 |
| provide with
respect to the offenses of aggravated battery |
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| with a machine gun or a firearm
equipped with any device or | 2 |
| attachment designed or used for silencing the
report of a | 3 |
| firearm or aggravated discharge of a machine gun or a | 4 |
| firearm
equipped with any device or attachment designed or | 5 |
| used for silencing the
report of a firearm, committed on or | 6 |
| after
July 15, 1999 (the effective date of Public Act | 7 |
| 91-121),
that a prisoner serving a sentence for any of | 8 |
| these offenses shall receive no
more than 4.5 days of good | 9 |
| conduct credit for each month of his or her sentence
of | 10 |
| imprisonment.
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| (2.5) The rules and regulations on early release shall | 12 |
| provide that a
prisoner who is serving a sentence for | 13 |
| aggravated arson committed on or after
July 27, 2001 (the | 14 |
| effective date of Public Act 92-176) shall receive no more | 15 |
| than
4.5 days of good conduct credit for each month of his | 16 |
| or her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good | 19 |
| conduct
credit for meritorious service in specific | 20 |
| instances as the
Director deems proper; except that no more | 21 |
| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence | 23 |
| for
conviction of first degree murder, reckless homicide | 24 |
| while under the
influence of alcohol or any other drug,
or | 25 |
| aggravated driving under the influence of alcohol, other | 26 |
| drug or drugs, or
intoxicating compound or compounds, or |
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| any combination thereof as defined in
subparagraph (F) of | 2 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated | 5 |
| criminal sexual assault, criminal sexual assault, deviate | 6 |
| sexual
assault, aggravated criminal sexual abuse, | 7 |
| aggravated indecent liberties
with a child, indecent | 8 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 10 |
| battery of a spouse
with a firearm, stalking, aggravated | 11 |
| stalking, aggravated battery of a child,
endangering the | 12 |
| life or health of a child, or cruelty to a child. | 13 |
| Notwithstanding the foregoing, good conduct credit for
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| meritorious service shall not be awarded on a
sentence of | 15 |
| imprisonment imposed for conviction of: (i) one of the | 16 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 17 |
| (iii) when the offense is committed on or after
June 19, | 18 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 19 |
| committed on or after June 23, 2005 (the effective date of | 20 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 21 |
| is committed on or after August 13, 2007 (the effective | 22 |
| date of Public Act 95-134)
the effective date of this | 23 |
| amendatory Act of the 95th General Assembly , (ii) reckless | 24 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 25 |
| Criminal Code of 1961 when
the offense is committed on or | 26 |
| after January 1, 1999,
or aggravated driving under the |
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| influence of alcohol, other drug or drugs, or
intoxicating | 2 |
| compound or compounds, or any combination thereof as | 3 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 4 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 5 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 6 |
| the offense is committed on or after
July 15, 1999 (the | 7 |
| effective date of Public Act 91-121),
or (iv) aggravated | 8 |
| arson when the offense is committed
on or after July 27, | 9 |
| 2001 (the effective date of Public Act 92-176).
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| (4) The rules and regulations shall also provide that | 11 |
| the good conduct
credit accumulated and retained under | 12 |
| paragraph (2.1) of subsection (a) of
this Section by any | 13 |
| inmate during specific periods of time in which such
inmate | 14 |
| is engaged full-time in substance abuse programs, | 15 |
| correctional
industry assignments, or educational programs | 16 |
| provided by the Department
under this paragraph (4) and | 17 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 19 |
| multiplied by a factor
of 1.25 for program participation | 20 |
| before August 11, 1993
and 1.50 for program participation | 21 |
| on or after that date.
However, no inmate shall be eligible | 22 |
| for the additional good conduct credit
under this paragraph | 23 |
| (4) or (4.1) of this subsection (a) while assigned to a | 24 |
| boot camp
or electronic detention, or if convicted of an | 25 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 26 |
| (iii) of this Section that is committed on or after June |
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1998 or subdivision (a)(2)(iv) of this Section that is | 2 |
| committed on or after June 23, 2005 (the effective date of | 3 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 4 |
| that is committed on or after August 13, 2007 ( the | 5 |
| effective date of Public Act 95-134)
this amendatory Act of | 6 |
| the 95th General Assembly , or if convicted of reckless | 7 |
| homicide as defined in subsection (e) of
Section 9-3 of the | 8 |
| Criminal Code of 1961 if the offense is committed on or
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| after January 1, 1999,
or aggravated driving under the | 10 |
| influence of alcohol, other drug or drugs, or
intoxicating | 11 |
| compound or compounds, or any combination thereof as | 12 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 13 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, or if | 14 |
| convicted of an offense enumerated in paragraph
(a)(2.4) of | 15 |
| this Section that is committed on or after
July 15, 1999 | 16 |
| (the effective date of Public Act 91-121),
or first degree | 17 |
| murder, a Class X felony, criminal sexual
assault, felony | 18 |
| criminal sexual abuse, aggravated criminal sexual abuse,
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| aggravated battery with a firearm, or any predecessor or | 20 |
| successor offenses
with the same or substantially the same | 21 |
| elements, or any inchoate offenses
relating to the | 22 |
| foregoing offenses. No inmate shall be eligible for the
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| additional good conduct credit under this paragraph (4) who | 24 |
| (i) has previously
received increased good conduct credit | 25 |
| under this paragraph (4) and has
subsequently been | 26 |
| convicted of a
felony, or (ii) has previously served more |
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| than one prior sentence of
imprisonment for a felony in an | 2 |
| adult correctional facility.
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| Educational, vocational, substance abuse and | 4 |
| correctional
industry programs under which good conduct | 5 |
| credit may be increased under
this paragraph (4) and | 6 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 7 |
| by the Department on the basis of
documented standards. The | 8 |
| Department shall report the results of these
evaluations to | 9 |
| the Governor and the General Assembly by September 30th of | 10 |
| each
year. The reports shall include data relating to the | 11 |
| recidivism rate among
program participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General | 14 |
| Assembly for these
purposes. Eligible inmates who are | 15 |
| denied immediate admission shall be
placed on a waiting | 16 |
| list under criteria established by the Department.
The | 17 |
| inability of any inmate to become engaged in any such | 18 |
| programs
by reason of insufficient program resources or for | 19 |
| any other reason
established under the rules and | 20 |
| regulations of the Department shall not be
deemed a cause | 21 |
| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the | 23 |
| inmate.
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| (4.1) The rules and regulations shall also provide that | 25 |
| an additional 60 days of good conduct credit shall be | 26 |
| awarded to any prisoner who passes the high school level |
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| Test of General Educational Development (GED) while the | 2 |
| prisoner is incarcerated. The good conduct credit awarded | 3 |
| under this paragraph (4.1) shall be in addition to, and | 4 |
| shall not affect, the award of good conduct under any other | 5 |
| paragraph of this Section, but shall also be pursuant to | 6 |
| the guidelines and restrictions set forth in paragraph (4) | 7 |
| of subsection (a) of this Section.
The good conduct credit | 8 |
| provided for in this paragraph shall be available only to | 9 |
| those prisoners who have not previously earned a high | 10 |
| school diploma or a GED. If, after an award of the GED good | 11 |
| conduct credit has been made and the Department determines | 12 |
| that the prisoner was not eligible, then the award shall be | 13 |
| revoked.
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| (4.5) The rules and regulations on early release shall | 15 |
| also provide that
when the court's sentencing order | 16 |
| recommends a prisoner for substance abuse treatment and the
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| crime was committed on or after September 1, 2003 (the | 18 |
| effective date of
Public Act 93-354), the prisoner shall | 19 |
| receive no good conduct credit awarded under clause (3) of | 20 |
| this subsection (a) unless he or she participates in and
| 21 |
| completes a substance abuse treatment program. The | 22 |
| Director may waive the requirement to participate in or | 23 |
| complete a substance abuse treatment program and award the | 24 |
| good conduct credit in specific instances if the prisoner | 25 |
| is not a good candidate for a substance abuse treatment | 26 |
| program for medical, programming, or operational reasons. |
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| Availability of
substance abuse treatment shall be subject | 2 |
| to the limits of fiscal resources
appropriated by the | 3 |
| General Assembly for these purposes. If treatment is not
| 4 |
| available and the requirement to participate and complete | 5 |
| the treatment has not been waived by the Director, the | 6 |
| prisoner shall be placed on a waiting list under criteria
| 7 |
| established by the Department. The Director may allow a | 8 |
| prisoner placed on
a waiting list to participate in and | 9 |
| complete a substance abuse education class or attend | 10 |
| substance
abuse self-help meetings in lieu of a substance | 11 |
| abuse treatment program. A prisoner on a waiting list who | 12 |
| is not placed in a substance abuse program prior to release | 13 |
| may be eligible for a waiver and receive good conduct | 14 |
| credit under clause (3) of this subsection (a) at the | 15 |
| discretion of the Director.
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| (5) Whenever the Department is to release any inmate | 17 |
| earlier than it
otherwise would because of a grant of good | 18 |
| conduct credit for meritorious
service given at any time | 19 |
| during the term, the Department shall give
reasonable | 20 |
| advance notice of the impending release to the State's
| 21 |
| Attorney of the county where the prosecution of the inmate | 22 |
| took place.
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| (b) Whenever a person is or has been committed under
| 24 |
| several convictions, with separate sentences, the sentences
| 25 |
| shall be construed under Section 5-8-4 in granting and
| 26 |
| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
| 2 |
| for revoking good conduct credit, or suspending or reducing
the | 3 |
| rate of accumulation of good conduct credit for specific
rule | 4 |
| violations, during imprisonment. These rules and regulations
| 5 |
| shall provide that no inmate may be penalized more than one
| 6 |
| year of good conduct credit for any one infraction.
| 7 |
| When the Department seeks to revoke, suspend or reduce
the | 8 |
| rate of accumulation of any good conduct credits for
an alleged | 9 |
| infraction of its rules, it shall bring charges
therefor | 10 |
| against the prisoner sought to be so deprived of
good conduct | 11 |
| credits before the Prisoner Review Board as
provided in | 12 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 13 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 14 |
| month period, the cumulative amount of
credit revoked exceeds | 15 |
| 30 days except where the infraction is committed
or discovered | 16 |
| within 60 days of scheduled release. In those cases,
the | 17 |
| Department of Corrections may revoke up to 30 days of good | 18 |
| conduct credit.
The Board may subsequently approve the | 19 |
| revocation of additional good
conduct credit, if the Department | 20 |
| seeks to revoke good conduct credit in
excess of 30 days. | 21 |
| However, the Board shall not be empowered to review the
| 22 |
| Department's decision with respect to the loss of 30 days of | 23 |
| good conduct
credit within any calendar year for any prisoner | 24 |
| or to increase any penalty
beyond the length requested by the | 25 |
| Department.
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| The Director of the Department of Corrections, in |
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| appropriate cases, may
restore up to 30 days good conduct | 2 |
| credits which have been revoked, suspended
or reduced. Any | 3 |
| restoration of good conduct credits in excess of 30 days shall
| 4 |
| be subject to review by the Prisoner Review Board. However, the | 5 |
| Board may not
restore good conduct credit in excess of the | 6 |
| amount requested by the Director.
| 7 |
| Nothing contained in this Section shall prohibit the | 8 |
| Prisoner Review Board
from ordering, pursuant to Section | 9 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 10 |
| sentence imposed by the court that was not served due to the
| 11 |
| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or | 13 |
| federal court
against the State, the Department of Corrections, | 14 |
| or the Prisoner Review Board,
or against any of
their officers | 15 |
| or employees, and the court makes a specific finding that a
| 16 |
| pleading, motion, or other paper filed by the prisoner is | 17 |
| frivolous, the
Department of Corrections shall conduct a | 18 |
| hearing to revoke up to
180 days of good conduct credit by | 19 |
| bringing charges against the prisoner
sought to be deprived of | 20 |
| the good conduct credits before the Prisoner Review
Board as | 21 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 22 |
| If the prisoner has not accumulated 180 days of good conduct | 23 |
| credit at the
time of the finding, then the Prisoner Review | 24 |
| Board may revoke all
good conduct credit accumulated by the | 25 |
| prisoner.
| 26 |
| For purposes of this subsection (d):
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| (1) "Frivolous" means that a pleading, motion, or other | 2 |
| filing which
purports to be a legal document filed by a | 3 |
| prisoner in his or her lawsuit meets
any or all of the | 4 |
| following criteria:
| 5 |
| (A) it lacks an arguable basis either in law or in | 6 |
| fact;
| 7 |
| (B) it is being presented for any improper purpose, | 8 |
| such as to harass or
to cause unnecessary delay or | 9 |
| needless increase in the cost of litigation;
| 10 |
| (C) the claims, defenses, and other legal | 11 |
| contentions therein are not
warranted by existing law | 12 |
| or by a nonfrivolous argument for the extension,
| 13 |
| modification, or reversal of existing law or the | 14 |
| establishment of new law;
| 15 |
| (D) the allegations and other factual contentions | 16 |
| do not have
evidentiary
support or, if specifically so | 17 |
| identified, are not likely to have evidentiary
support | 18 |
| after a reasonable opportunity for further | 19 |
| investigation or discovery;
or
| 20 |
| (E) the denials of factual contentions are not | 21 |
| warranted on the
evidence, or if specifically so | 22 |
| identified, are not reasonably based on a lack
of | 23 |
| information or belief.
| 24 |
| (2) "Lawsuit" means a petition for post-conviction | 25 |
| relief under Article
122 of the Code of Criminal Procedure | 26 |
| of 1963, a motion pursuant to Section
116-3 of the Code of |
|
|
|
09500SB2716sam001 |
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|
| 1 |
| Criminal Procedure of 1963, a habeas corpus action under
| 2 |
| Article X of the Code of Civil Procedure or under federal | 3 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 4 |
| of Claims Act or an action under the
federal Civil Rights | 5 |
| Act (42 U.S.C. 1983).
| 6 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 7 |
| validity of Public Act 89-404.
| 8 |
| (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | 9 |
| eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | 10 |
| eff. 5-8-06; 95-134, eff. 8-13-07.)
| 11 |
| (Text of Section after amendment by P.A. 95-585, 95-625, | 12 |
| and 95-640 ) | 13 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
| 14 |
| (a) (1) The Department of Corrections shall prescribe | 15 |
| rules
and regulations for the early release on account of | 16 |
| good
conduct of persons committed to the Department which | 17 |
| shall
be subject to review by the Prisoner Review Board.
| 18 |
| (2) The rules and regulations on early release shall | 19 |
| provide, with
respect to offenses listed in clause (i), | 20 |
| (ii), or (iii) of this paragraph (2) committed on or after | 21 |
| June 19, 1998 or with respect to the offense listed in | 22 |
| clause (iv) of this paragraph (2) committed on or after | 23 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 24 |
| with
respect to offense listed in clause (vi)
(v) committed | 25 |
| on or after June 1, 2008 ( the effective date of Public Act |
|
|
|
09500SB2716sam001 |
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|
| 1 |
| 95-625)
this amendatory Act of the 95th General Assembly or | 2 |
| with respect to the offense of being an armed habitual | 3 |
| criminal committed on or after August 2, 2005 (the | 4 |
| effective date of Public Act 94-398) or with respect to the | 5 |
| offenses listed in clause (v) of this paragraph (2) | 6 |
| committed on or after August 13, 2007 ( the effective date | 7 |
| of Public Act 95-134) or with respect to the offenses of | 8 |
| continuous sexual abuse of a young child and aggravated | 9 |
| continuous sexual abuse of a young child
this amendatory | 10 |
| Act of the 95th General Assembly , the following:
| 11 |
| (i) that a prisoner who is serving a term of | 12 |
| imprisonment for first
degree murder , continuous | 13 |
| sexual abuse of a young child, aggravated continuous | 14 |
| sexual abuse of a young child, or for the offense of | 15 |
| terrorism shall receive no good conduct
credit and | 16 |
| shall serve the entire
sentence imposed by the court;
| 17 |
| (ii) that a prisoner serving a sentence for attempt | 18 |
| to commit first
degree murder, solicitation of murder, | 19 |
| solicitation of murder for hire,
intentional homicide | 20 |
| of an unborn child, predatory criminal sexual assault | 21 |
| of a
child, aggravated criminal sexual assault, | 22 |
| criminal sexual assault, aggravated
kidnapping, | 23 |
| aggravated battery with a firearm, heinous battery, | 24 |
| being an armed habitual criminal, aggravated
battery | 25 |
| of a senior citizen, or aggravated battery of a child | 26 |
| shall receive no
more than 4.5 days of good conduct |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| credit for each month of his or her sentence
of | 2 |
| imprisonment;
| 3 |
| (iii) that a prisoner serving a sentence
for home | 4 |
| invasion, armed robbery, aggravated vehicular | 5 |
| hijacking,
aggravated discharge of a firearm, or armed | 6 |
| violence with a category I weapon
or category II | 7 |
| weapon, when the court
has made and entered a finding, | 8 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 9 |
| Code, that the conduct leading to conviction for the | 10 |
| enumerated offense
resulted in great bodily harm to a | 11 |
| victim, shall receive no more than 4.5 days
of good | 12 |
| conduct credit for each month of his or her sentence of | 13 |
| imprisonment;
| 14 |
| (iv) that a prisoner serving a sentence for | 15 |
| aggravated discharge of a firearm, whether or not the | 16 |
| conduct leading to conviction for the offense resulted | 17 |
| in great bodily harm to the victim, shall receive no | 18 |
| more than 4.5 days of good conduct credit for each | 19 |
| month of his or her sentence of imprisonment; and
| 20 |
| (v) that a person serving a sentence for | 21 |
| gunrunning, narcotics racketeering, controlled | 22 |
| substance trafficking, methamphetamine trafficking, | 23 |
| drug-induced homicide, aggravated | 24 |
| methamphetamine-related child endangerment, money | 25 |
| laundering pursuant to clause (c) (4) or (5) of Section | 26 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony |
|
|
|
09500SB2716sam001 |
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|
| 1 |
| conviction for delivery of a controlled substance, | 2 |
| possession of a controlled substance with intent to | 3 |
| manufacture or deliver, calculated criminal drug | 4 |
| conspiracy, criminal drug conspiracy, street gang | 5 |
| criminal drug conspiracy, participation in | 6 |
| methamphetamine manufacturing, aggravated | 7 |
| participation in methamphetamine manufacturing, | 8 |
| delivery of methamphetamine, possession with intent to | 9 |
| deliver methamphetamine, aggravated delivery of | 10 |
| methamphetamine, aggravated possession with intent to | 11 |
| deliver methamphetamine, methamphetamine conspiracy | 12 |
| when the substance containing the controlled substance | 13 |
| or methamphetamine is 100 grams or more shall receive | 14 |
| no more than 7.5 days good conduct credit for each | 15 |
| month of his or her sentence of imprisonment ; and .
| 16 |
| (vi)
(v) that a prisoner serving a sentence for a | 17 |
| second or subsequent offense of luring a minor shall | 18 |
| receive no more than 4.5 days of good conduct credit | 19 |
| for each month of his or her sentence of imprisonment.
| 20 |
| (2.1) For all offenses, other than those enumerated in | 21 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 22 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 23 |
| after June 23, 2005 (the effective date of Public Act | 24 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 25 |
| August 13, 2007 ( the effective date of Public Act 95-134)
| 26 |
| this amendatory Act of the 95th General Assembly or |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| subdivision (a)(2) (vi) (v) committed on or after June 1, | 2 |
| 2008 ( the effective date of Public Act 95-625)
this | 3 |
| amendatory Act of the 95th General Assembly , and other than | 4 |
| the offense of reckless
homicide as defined in subsection | 5 |
| (e) of Section 9-3 of the Criminal Code of
1961 committed | 6 |
| on or after January 1, 1999,
or aggravated driving under | 7 |
| the influence of alcohol, other drug or drugs, or
| 8 |
| intoxicating compound or compounds, or any combination | 9 |
| thereof as defined in
subparagraph (F) of paragraph (1) of | 10 |
| subsection (d) of Section 11-501 of the
Illinois Vehicle | 11 |
| Code,
the rules and regulations shall
provide that a | 12 |
| prisoner who is serving a term of
imprisonment shall | 13 |
| receive one day of good conduct credit for each day of
his | 14 |
| or her sentence of imprisonment or recommitment under | 15 |
| Section 3-3-9.
Each day of good conduct credit shall reduce | 16 |
| by one day the prisoner's period
of imprisonment or | 17 |
| recommitment under Section 3-3-9.
| 18 |
| (2.2) A prisoner serving a term of natural life | 19 |
| imprisonment or a
prisoner who has been sentenced to death | 20 |
| shall receive no good conduct
credit.
| 21 |
| (2.3) The rules and regulations on early release shall | 22 |
| provide that
a prisoner who is serving a sentence for | 23 |
| reckless homicide as defined in
subsection (e) of Section | 24 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 25 |
| January 1, 1999, or aggravated driving under the influence | 26 |
| of alcohol,
other drug or drugs, or intoxicating compound |
|
|
|
09500SB2716sam001 |
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|
| 1 |
| or compounds, or any combination
thereof as defined in | 2 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 3 |
| Section 11-501 of the Illinois Vehicle Code, shall receive | 4 |
| no more than 4.5
days of good conduct credit for each month | 5 |
| of his or her sentence of
imprisonment.
| 6 |
| (2.4) The rules and regulations on early release shall | 7 |
| provide with
respect to the offenses of aggravated battery | 8 |
| with a machine gun or a firearm
equipped with any device or | 9 |
| attachment designed or used for silencing the
report of a | 10 |
| firearm or aggravated discharge of a machine gun or a | 11 |
| firearm
equipped with any device or attachment designed or | 12 |
| used for silencing the
report of a firearm, committed on or | 13 |
| after
July 15, 1999 (the effective date of Public Act | 14 |
| 91-121),
that a prisoner serving a sentence for any of | 15 |
| these offenses shall receive no
more than 4.5 days of good | 16 |
| conduct credit for each month of his or her sentence
of | 17 |
| imprisonment.
| 18 |
| (2.5) The rules and regulations on early release shall | 19 |
| provide that a
prisoner who is serving a sentence for | 20 |
| aggravated arson committed on or after
July 27, 2001 (the | 21 |
| effective date of Public Act 92-176) shall receive no more | 22 |
| than
4.5 days of good conduct credit for each month of his | 23 |
| or her sentence of
imprisonment.
| 24 |
| (3) The rules and regulations shall also provide that
| 25 |
| the Director may award up to 180 days additional good | 26 |
| conduct
credit for meritorious service in specific |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| instances as the
Director deems proper; except that no more | 2 |
| than 90 days
of good conduct credit for meritorious service
| 3 |
| shall be awarded to any prisoner who is serving a sentence | 4 |
| for
conviction of first degree murder, reckless homicide | 5 |
| while under the
influence of alcohol or any other drug,
or | 6 |
| aggravated driving under the influence of alcohol, other | 7 |
| drug or drugs, or
intoxicating compound or compounds, or | 8 |
| any combination thereof as defined in
subparagraph (F) of | 9 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 10 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 11 |
| predatory criminal sexual assault of a child,
aggravated | 12 |
| criminal sexual assault, criminal sexual assault, deviate | 13 |
| sexual
assault, aggravated criminal sexual abuse, | 14 |
| aggravated indecent liberties
with a child, indecent | 15 |
| liberties with a child, child pornography, heinous
| 16 |
| battery, aggravated battery of a spouse, aggravated | 17 |
| battery of a spouse
with a firearm, stalking, aggravated | 18 |
| stalking, aggravated battery of a child,
endangering the | 19 |
| life or health of a child, or cruelty to a child. | 20 |
| Notwithstanding the foregoing, good conduct credit for
| 21 |
| meritorious service shall not be awarded on a
sentence of | 22 |
| imprisonment imposed for conviction of: (i) one of the | 23 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 24 |
| (iii) when the offense is committed on or after
June 19, | 25 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 26 |
| committed on or after June 23, 2005 (the effective date of |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 2 |
| is committed on or after August 13, 2007 ( the effective | 3 |
| date of Public Act 95-134)
this amendatory Act of the 95th | 4 |
| General Assembly or subdivision (a)(2) (vi) (v) when the | 5 |
| offense is committed on or after June 1, 2008 ( the | 6 |
| effective date of Public Act 95-625)
this amendatory Act of | 7 |
| the 95th General Assembly , (ii) reckless homicide as
| 8 |
| defined in subsection (e) of Section 9-3 of the Criminal | 9 |
| Code of 1961 when
the offense is committed on or after | 10 |
| January 1, 1999,
or aggravated driving under the influence | 11 |
| of alcohol, other drug or drugs, or
intoxicating compound | 12 |
| or compounds, or any combination thereof as defined in
| 13 |
| subparagraph (F) of paragraph (1) of subsection (d) of | 14 |
| Section 11-501 of the
Illinois Vehicle Code, (iii) one of | 15 |
| the offenses enumerated in subdivision
(a)(2.4) when the | 16 |
| offense is committed on or after
July 15, 1999 (the | 17 |
| effective date of Public Act 91-121),
or (iv) aggravated | 18 |
| arson when the offense is committed
on or after July 27, | 19 |
| 2001 (the effective date of Public Act 92-176).
| 20 |
| (4) The rules and regulations shall also provide that | 21 |
| the good conduct
credit accumulated and retained under | 22 |
| paragraph (2.1) of subsection (a) of
this Section by any | 23 |
| inmate during specific periods of time in which such
inmate | 24 |
| is engaged full-time in substance abuse programs, | 25 |
| correctional
industry assignments, or educational programs | 26 |
| provided by the Department
under this paragraph (4) and |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| satisfactorily completes the assigned program as
| 2 |
| determined by the standards of the Department, shall be | 3 |
| multiplied by a factor
of 1.25 for program participation | 4 |
| before August 11, 1993
and 1.50 for program participation | 5 |
| on or after that date.
However, no inmate shall be eligible | 6 |
| for the additional good conduct credit
under this paragraph | 7 |
| (4) or (4.1) of this subsection (a) while assigned to a | 8 |
| boot camp
or electronic detention, or if convicted of an | 9 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 10 |
| (iii) of this Section that is committed on or after June | 11 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 12 |
| committed on or after June 23, 2005 (the effective date of | 13 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 14 |
| that is committed on or after August 13, 2007 ( the | 15 |
| effective date of Public Act 95-134)
this amendatory Act of | 16 |
| the 95th General Assembly or subdivision (a)(2) (vi) (v) | 17 |
| when the offense is committed on or after June 1, 2008 ( the | 18 |
| effective date of Public Act 95-625)
this amendatory Act of | 19 |
| the 95th General Assembly , or if convicted of reckless | 20 |
| homicide as defined in subsection (e) of
Section 9-3 of the | 21 |
| Criminal Code of 1961 if the offense is committed on or
| 22 |
| after January 1, 1999,
or aggravated driving under the | 23 |
| influence of alcohol, other drug or drugs, or
intoxicating | 24 |
| compound or compounds, or any combination thereof as | 25 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 26 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, or if |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 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 |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 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.
|
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 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 |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| credit under clause (3) of this subsection (a) at the | 2 |
| discretion of the Director.
| 3 |
| (4.6) The rules and regulations on early release shall | 4 |
| also provide that a prisoner who has been convicted of a | 5 |
| sex offense as defined in Section 2 of the Sex Offender | 6 |
| Registration Act shall receive no good conduct credit | 7 |
| unless he or she either has successfully completed or is | 8 |
| participating in sex offender treatment as defined by the | 9 |
| Sex Offender Management Board. However, prisoners who are | 10 |
| waiting to receive such treatment, but who are unable to do | 11 |
| so due solely to the lack of resources on the part of the | 12 |
| Department, may, at the Director's sole discretion, be | 13 |
| awarded good conduct credit at such rate as the Director | 14 |
| shall determine.
| 15 |
| (5) Whenever the Department is to release any inmate | 16 |
| earlier than it
otherwise would because of a grant of good | 17 |
| conduct credit for meritorious
service given at any time | 18 |
| during the term, the Department shall give
reasonable | 19 |
| advance notice of the impending release to the State's
| 20 |
| Attorney of the county where the prosecution of the inmate | 21 |
| took place.
| 22 |
| (b) Whenever a person is or has been committed under
| 23 |
| several convictions, with separate sentences, the sentences
| 24 |
| shall be construed under Section 5-8-4 in granting and
| 25 |
| forfeiting of good time.
| 26 |
| (c) The Department shall prescribe rules and regulations
|
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| for revoking good conduct credit, or suspending or reducing
the | 2 |
| rate of accumulation of good conduct credit for specific
rule | 3 |
| violations, during imprisonment. These rules and regulations
| 4 |
| shall provide that no inmate may be penalized more than one
| 5 |
| year of good conduct credit for any one infraction.
| 6 |
| When the Department seeks to revoke, suspend or reduce
the | 7 |
| rate of accumulation of any good conduct credits for
an alleged | 8 |
| infraction of its rules, it shall bring charges
therefor | 9 |
| against the prisoner sought to be so deprived of
good conduct | 10 |
| credits before the Prisoner Review Board as
provided in | 11 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 12 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 13 |
| month period, the cumulative amount of
credit revoked exceeds | 14 |
| 30 days except where the infraction is committed
or discovered | 15 |
| within 60 days of scheduled release. In those cases,
the | 16 |
| Department of Corrections may revoke up to 30 days of good | 17 |
| conduct credit.
The Board may subsequently approve the | 18 |
| revocation of additional good
conduct credit, if the Department | 19 |
| seeks to revoke good conduct credit in
excess of 30 days. | 20 |
| However, the Board shall not be empowered to review the
| 21 |
| Department's decision with respect to the loss of 30 days of | 22 |
| good conduct
credit within any calendar year for any prisoner | 23 |
| or to increase any penalty
beyond the length requested by the | 24 |
| Department.
| 25 |
| The Director of the Department of Corrections, in | 26 |
| appropriate cases, may
restore up to 30 days good conduct |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| credits which have been revoked, suspended
or reduced. Any | 2 |
| restoration of good conduct credits in excess of 30 days shall
| 3 |
| be subject to review by the Prisoner Review Board. However, the | 4 |
| Board may not
restore good conduct credit in excess of the | 5 |
| amount requested by the Director.
| 6 |
| Nothing contained in this Section shall prohibit the | 7 |
| Prisoner Review Board
from ordering, pursuant to Section | 8 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 9 |
| sentence imposed by the court that was not served due to the
| 10 |
| accumulation of good conduct credit.
| 11 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or | 12 |
| federal court
against the State, the Department of Corrections, | 13 |
| or the Prisoner Review Board,
or against any of
their officers | 14 |
| or employees, and the court makes a specific finding that a
| 15 |
| pleading, motion, or other paper filed by the prisoner is | 16 |
| frivolous, the
Department of Corrections shall conduct a | 17 |
| hearing to revoke up to
180 days of good conduct credit by | 18 |
| bringing charges against the prisoner
sought to be deprived of | 19 |
| the good conduct credits before the Prisoner Review
Board as | 20 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 21 |
| If the prisoner has not accumulated 180 days of good conduct | 22 |
| credit at the
time of the finding, then the Prisoner Review | 23 |
| Board may revoke all
good conduct credit accumulated by the | 24 |
| prisoner.
| 25 |
| For purposes of this subsection (d):
| 26 |
| (1) "Frivolous" means that a pleading, motion, or other |
|
|
|
09500SB2716sam001 |
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LRB095 05888 RLC 48722 a |
|
| 1 |
| filing which
purports to be a legal document filed by a | 2 |
| prisoner in his or her lawsuit meets
any or all of the | 3 |
| following criteria:
| 4 |
| (A) it lacks an arguable basis either in law or in | 5 |
| fact;
| 6 |
| (B) it is being presented for any improper purpose, | 7 |
| such as to harass or
to cause unnecessary delay or | 8 |
| needless increase in the cost of litigation;
| 9 |
| (C) the claims, defenses, and other legal | 10 |
| contentions therein are not
warranted by existing law | 11 |
| or by a nonfrivolous argument for the extension,
| 12 |
| modification, or reversal of existing law or the | 13 |
| establishment of new law;
| 14 |
| (D) the allegations and other factual contentions | 15 |
| do not have
evidentiary
support or, if specifically so | 16 |
| identified, are not likely to have evidentiary
support | 17 |
| after a reasonable opportunity for further | 18 |
| investigation or discovery;
or
| 19 |
| (E) the denials of factual contentions are not | 20 |
| warranted on the
evidence, or if specifically so | 21 |
| identified, are not reasonably based on a lack
of | 22 |
| information or belief.
| 23 |
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 24 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 25 |
| action under
Article X of the Code of Civil Procedure or | 26 |
| under federal law (28 U.S.C. 2254),
a petition for claim |
|
|
|
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LRB095 05888 RLC 48722 a |
|
| 1 |
| under the Court of Claims Act, an action under the
federal | 2 |
| Civil Rights Act (42 U.S.C. 1983), or a second or | 3 |
| subsequent petition for post-conviction relief under | 4 |
| Article 122 of the Code of Criminal Procedure of 1963 | 5 |
| whether filed with or without leave of court or a second or | 6 |
| subsequent petition for relief from judgment under Section | 7 |
| 2-1401 of the Code of Civil Procedure.
| 8 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 9 |
| validity of Public Act 89-404.
| 10 |
| (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | 11 |
| eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | 12 |
| eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | 13 |
| eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
| 14 |
| Section 95. No acceleration or delay. Where this Act makes | 15 |
| changes in a statute that is represented in this Act by text | 16 |
| that is not yet or no longer in effect (for example, a Section | 17 |
| represented by multiple versions), the use of that text does | 18 |
| not accelerate or delay the taking effect of (i) the changes | 19 |
| made by this Act or (ii) provisions derived from any other | 20 |
| Public Act.
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
|
|