Full Text of HB3522 97th General Assembly
HB3522ham001 97TH GENERAL ASSEMBLY | Rep. Richard Morthland Filed: 3/10/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3522
| 2 | | AMENDMENT NO. ______. Amend House Bill 3522 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-501 as follows: | 6 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any vehicle within this State while: | 12 | | (1) the alcohol concentration in the person's blood or | 13 | | breath is 0.08 or more based on the definition of blood and | 14 | | breath units in Section 11-501.2; | 15 | | (2) under the influence of alcohol; | 16 | | (3) under the influence of any intoxicating compound or |
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| 1 | | combination of intoxicating compounds to a degree that | 2 | | renders the person incapable of driving safely; | 3 | | (4) under the influence of any other drug or | 4 | | combination of drugs to a degree that renders the person | 5 | | incapable of safely driving; | 6 | | (5) under the combined influence of alcohol, other drug | 7 | | or drugs, or intoxicating compound or compounds to a degree | 8 | | that renders the person incapable of safely driving; or | 9 | | (6) there is any amount of a drug, substance, or | 10 | | compound in the person's breath, blood, or urine resulting | 11 | | from the unlawful use or consumption of cannabis listed in | 12 | | the Cannabis Control Act, a controlled substance listed in | 13 | | the Illinois Controlled Substances Act, an intoxicating | 14 | | compound listed in the Use of Intoxicating Compounds Act, | 15 | | or methamphetamine as listed in the Methamphetamine | 16 | | Control and Community Protection Act.
| 17 | | (b) The fact that any person charged with violating this | 18 | | Section is or has been legally entitled to use alcohol, other | 19 | | drug or drugs, or intoxicating compound or compounds, or any | 20 | | combination thereof, shall not constitute a defense against any | 21 | | charge of violating this Section. | 22 | | (c) Penalties. | 23 | | (1) Except as otherwise provided in this Section, any | 24 | | person convicted of violating subsection (a) of this | 25 | | Section is guilty of a Class A misdemeanor. | 26 | | (2) A person who violates subsection (a) or a similar |
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| 1 | | provision a second time shall be sentenced to a mandatory | 2 | | minimum term of either 5 days of imprisonment or 240 hours | 3 | | of community service in addition to any other criminal or | 4 | | administrative sanction. | 5 | | (3) A person who violates subsection (a) is subject to | 6 | | 6 months of imprisonment, an additional mandatory minimum | 7 | | fine of $1,000, and 25 days of community service in a | 8 | | program benefiting children if the person was transporting | 9 | | a person under the age of 16 at the time of the violation. | 10 | | (4) A person who violates subsection (a) a first time, | 11 | | if the alcohol concentration in his or her blood, breath, | 12 | | or urine was 0.16 or more based on the definition of blood, | 13 | | breath, or urine units in Section 11-501.2, shall be | 14 | | subject, in addition to any other penalty that may be | 15 | | imposed, to a mandatory minimum of 100 hours of community | 16 | | service and a mandatory minimum fine of $500. | 17 | | (5) A person who violates subsection (a) a second time, | 18 | | if at the time of the second violation the alcohol | 19 | | concentration in his or her blood, breath, or urine was | 20 | | 0.16 or more based on the definition of blood, breath, or | 21 | | urine units in Section 11-501.2, shall be subject, in | 22 | | addition to any other penalty that may be imposed, to a | 23 | | mandatory minimum of 2 days of imprisonment and a mandatory | 24 | | minimum fine of $1,250. | 25 | | (d) Aggravated driving under the influence of alcohol, | 26 | | other drug or drugs, or intoxicating compound or compounds, or |
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| 1 | | any combination thereof.
| 2 | | (1) Every person convicted of committing a violation of | 3 | | this Section shall be guilty of aggravated driving under | 4 | | the influence of alcohol, other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination | 6 | | thereof if: | 7 | | (A) the person committed a violation of subsection | 8 | | (a) or a similar provision for the third or subsequent | 9 | | time; | 10 | | (B) the person committed a violation of subsection | 11 | | (a) while driving a school bus with persons 18 years of | 12 | | age or younger on board; | 13 | | (C) the person in committing a violation of | 14 | | subsection (a) was involved in a motor vehicle accident | 15 | | that resulted in great bodily harm or permanent | 16 | | disability or disfigurement to another, when the | 17 | | violation was a proximate cause of the injuries; | 18 | | (D) the person committed a violation of subsection | 19 | | (a) and has been previously convicted of violating | 20 | | Section 9-3 of the Criminal Code of 1961 or a similar | 21 | | provision of a law of another state relating to | 22 | | reckless homicide in which the person was determined to | 23 | | have been under the influence of alcohol, other drug or | 24 | | drugs, or intoxicating compound or compounds as an | 25 | | element of the offense or the person has previously | 26 | | been convicted under subparagraph (C) or subparagraph |
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| 1 | | (F) of this paragraph (1); | 2 | | (E) the person, in committing a violation of | 3 | | subsection (a) while driving at any speed in a school | 4 | | speed zone at a time when a speed limit of 20 miles per | 5 | | hour was in effect under subsection (a) of Section | 6 | | 11-605 of this Code, was involved in a motor vehicle | 7 | | accident that resulted in bodily harm, other than great | 8 | | bodily harm or permanent disability or disfigurement, | 9 | | to another person, when the violation of subsection (a) | 10 | | was a proximate cause of the bodily harm; | 11 | | (F) the person, in committing a violation of | 12 | | subsection (a), was involved in a motor vehicle, | 13 | | snowmobile, all-terrain vehicle, or watercraft | 14 | | accident that resulted in the death of another person, | 15 | | when the violation of subsection (a) was a proximate | 16 | | cause of the death; | 17 | | (G) the person committed a violation of subsection | 18 | | (a) during a period in which the defendant's driving | 19 | | privileges are revoked or suspended, where the | 20 | | revocation or suspension was for a violation of | 21 | | subsection (a) or a similar provision, Section | 22 | | 11-501.1, paragraph (b) of Section 11-401, or for | 23 | | reckless homicide as defined in Section 9-3 of the | 24 | | Criminal Code of 1961; | 25 | | (H) the person committed the violation while he or | 26 | | she did not possess a driver's license or permit or a |
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| 1 | | restricted driving permit or a judicial driving permit | 2 | | or a monitoring device driving permit; | 3 | | (I) the person committed the violation while he or | 4 | | she knew or should have known that the vehicle he or | 5 | | she was driving was not covered by a liability | 6 | | insurance policy; | 7 | | (J) the person in committing a violation of | 8 | | subsection (a) was involved in a motor vehicle accident | 9 | | that resulted in bodily harm, but not great bodily | 10 | | harm, to the child under the age of 16 being | 11 | | transported by the person, if the violation was the | 12 | | proximate cause of the injury; or | 13 | | (K) the person in committing a second violation of | 14 | | subsection (a) or a similar provision was transporting | 15 | | a person under the age of 16 ; or . | 16 | | (L) the person in committing a third or subsequent | 17 | | violation of subsection (a) or similar provision, was | 18 | | involved in a motor vehicle, snowmobile, all-terrain | 19 | | vehicle, or watercraft accident that resulted in the | 20 | | death of another person, when the violation of | 21 | | subsection (a) was a proximate cause of the death. | 22 | | (2)(A) Except as provided otherwise, a person | 23 | | convicted of aggravated driving under the influence of | 24 | | alcohol, other drug or drugs, or intoxicating compound or | 25 | | compounds, or any combination thereof is guilty of a Class | 26 | | 4 felony. |
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| 1 | | (B) A third violation of this Section or a similar | 2 | | provision is a Class 2 felony. If at the time of the third | 3 | | violation the alcohol concentration in his or her blood, | 4 | | breath, or urine was 0.16 or more based on the definition | 5 | | of blood, breath, or urine units in Section 11-501.2, a | 6 | | mandatory minimum of 90 days of imprisonment and a | 7 | | mandatory minimum fine of $2,500 shall be imposed in | 8 | | addition to any other criminal or administrative sanction. | 9 | | If at the time of the third violation, the defendant was | 10 | | transporting a person under the age of 16, a mandatory fine | 11 | | of $25,000 and 25 days of community service in a program | 12 | | benefiting children shall be imposed in addition to any | 13 | | other criminal or administrative sanction. | 14 | | (C) A fourth violation of this Section or a similar | 15 | | provision is a Class 2 felony, for which a sentence of | 16 | | probation or conditional discharge may not be imposed. If | 17 | | at the time of the violation, the alcohol concentration in | 18 | | the defendant's blood, breath, or urine was 0.16 or more | 19 | | based on the definition of blood, breath, or urine units in | 20 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 21 | | be imposed in addition to any other criminal or | 22 | | administrative sanction. If at the time of the fourth | 23 | | violation, the defendant was transporting a person under | 24 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 25 | | community service in a program benefiting children shall be | 26 | | imposed in addition to any other criminal or administrative |
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| 1 | | sanction. | 2 | | (D) A fifth violation of this Section or a similar | 3 | | provision is a Class 1 felony, for which a sentence of | 4 | | probation or conditional discharge may not be imposed. If | 5 | | at the time of the violation, the alcohol concentration in | 6 | | the defendant's blood, breath, or urine was 0.16 or more | 7 | | based on the definition of blood, breath, or urine units in | 8 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 | | be imposed in addition to any other criminal or | 10 | | administrative sanction. If at the time of the fifth | 11 | | violation, the defendant was transporting a person under | 12 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 13 | | community service in a program benefiting children shall be | 14 | | imposed in addition to any other criminal or administrative | 15 | | sanction. | 16 | | (E) A sixth or subsequent violation of this Section or | 17 | | similar provision is a Class X felony. If at the time of | 18 | | the violation, the alcohol concentration in the | 19 | | defendant's blood, breath, or urine was 0.16 or more based | 20 | | on the definition of blood, breath, or urine units in | 21 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 | | be imposed in addition to any other criminal or | 23 | | administrative sanction. If at the time of the violation, | 24 | | the defendant was transporting a person under the age of | 25 | | 16, a mandatory fine of $25,000 and 25 days of community | 26 | | service in a program benefiting children shall be imposed |
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| 1 | | in addition to any other criminal or administrative | 2 | | sanction. | 3 | | (F) For a violation of subparagraph (C) of paragraph | 4 | | (1) of this subsection (d), the defendant, if sentenced to | 5 | | a term of imprisonment, shall be sentenced to not less than | 6 | | one year nor more than 12 years. | 7 | | (G) A violation of subparagraph (F) of paragraph (1) of | 8 | | this subsection (d) is a Class 2 felony, for which the | 9 | | defendant, unless the court determines that extraordinary | 10 | | circumstances exist and require probation, shall be | 11 | | sentenced to: (i) a term of imprisonment of not less than 3 | 12 | | years and not more than 14 years if the violation resulted | 13 | | in the death of one person; or (ii) a term of imprisonment | 14 | | of not less than 6 years and not more than 28 years if the | 15 | | violation resulted in the deaths of 2 or more persons. | 16 | | (H) For a violation of subparagraph (J) of paragraph | 17 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 18 | | 25 days of community service in a program benefiting | 19 | | children shall be imposed in addition to any other criminal | 20 | | or administrative sanction. | 21 | | (I) A violation of subparagraph (K) of paragraph (1) of | 22 | | this subsection (d), is a Class 2 felony and a mandatory | 23 | | fine of $2,500, and 25 days of community service in a | 24 | | program benefiting children shall be imposed in addition to | 25 | | any other criminal or administrative sanction. If the child | 26 | | being transported suffered bodily harm, but not great |
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| 1 | | bodily harm, in a motor vehicle accident, and the violation | 2 | | was the proximate cause of that injury, a mandatory fine of | 3 | | $5,000 and 25 days of community service in a program | 4 | | benefiting children shall be imposed in addition to any | 5 | | other criminal or administrative sanction. | 6 | | (J) A violation of subparagraph (D) of paragraph (1) of | 7 | | this subsection (d) is a Class 3 felony, for which a | 8 | | sentence of probation or conditional discharge may not be | 9 | | imposed. | 10 | | (K) A violation of subparagraph (L) of paragraph (1) of | 11 | | this subsection (d) is a Class X felony. If the violation | 12 | | resulted in the deaths of 2 or more persons, the defendant | 13 | | shall be sentenced to a term of imprisonment of not less | 14 | | than 10 years and not more than 45 years. | 15 | | (3) Any person sentenced under this subsection (d) who | 16 | | receives a term of probation or conditional discharge must | 17 | | serve a minimum term of either 480 hours of community | 18 | | service or 10 days of imprisonment as a condition of the | 19 | | probation or conditional discharge in addition to any other | 20 | | criminal or administrative sanction. | 21 | | (e) Any reference to a prior violation of subsection (a) or | 22 | | a similar provision includes any violation of a provision of a | 23 | | local ordinance or a provision of a law of another state or an | 24 | | offense committed on a military installation that is similar to | 25 | | a violation of subsection (a) of this Section. | 26 | | (f) The imposition of a mandatory term of imprisonment or |
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| 1 | | assignment of community service for a violation of this Section | 2 | | shall not be suspended or reduced by the court. | 3 | | (g) Any penalty imposed for driving with a license that has | 4 | | been revoked for a previous violation of subsection (a) of this | 5 | | Section shall be in addition to the penalty imposed for any | 6 | | subsequent violation of subsection (a). | 7 | | (h) For any prosecution under this Section, a certified | 8 | | copy of the driving abstract of the defendant shall be admitted | 9 | | as proof of any prior conviction.
| 10 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 11 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 12 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
| 13 | | Section 10. The Unified Code of Corrections is amended by | 14 | | changing Section 3-6-3 as follows:
| 15 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 16 | | Sec. 3-6-3. Rules and Regulations for Early Release.
| 17 | | (a) (1) The Department of Corrections shall prescribe | 18 | | rules
and regulations for the early release on account of | 19 | | good
conduct of persons committed to the Department which | 20 | | shall
be subject to review by the Prisoner Review Board.
| 21 | | (2) The rules and regulations on early release shall | 22 | | provide, with
respect to offenses listed in clause (i), | 23 | | (ii), or (iii) of this paragraph (2) committed on or after | 24 | | June 19, 1998 or with respect to the offense listed in |
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| 1 | | clause (iv) of this paragraph (2) committed on or after | 2 | | June 23, 2005 (the effective date of Public Act 94-71) or | 3 | | with
respect to offense listed in clause (vi)
committed on | 4 | | or after June 1, 2008 (the effective date of Public Act | 5 | | 95-625)
or with respect to the offense of being an armed | 6 | | habitual criminal committed on or after August 2, 2005 (the | 7 | | effective date of Public Act 94-398) or with respect to the | 8 | | offenses listed in clause (v) of this paragraph (2) | 9 | | committed on or after August 13, 2007 (the effective date | 10 | | of Public Act 95-134) or with respect to the offense of | 11 | | aggravated domestic battery committed on or after July 23, | 12 | | 2010 ( the effective date of Public Act 96-1224) this | 13 | | amendatory Act of the 96th General Assembly , the following:
| 14 | | (i) that a prisoner who is serving a term of | 15 | | imprisonment for first
degree murder , or for the | 16 | | offense of terrorism , or for a violation of | 17 | | subparagraph (d)(1)(L) of Section 11-501 of the | 18 | | Illinois Vehicle Code committed after the effective | 19 | | date of this amendatory Act of the 97th General | 20 | | Assembly shall receive no good conduct
credit and shall | 21 | | serve the entire
sentence imposed by the court;
| 22 | | (ii) that a prisoner serving a sentence for attempt | 23 | | to commit first
degree murder, solicitation of murder, | 24 | | solicitation of murder for hire,
intentional homicide | 25 | | of an unborn child, predatory criminal sexual assault | 26 | | of a
child, aggravated criminal sexual assault, |
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| 1 | | criminal sexual assault, aggravated
kidnapping, | 2 | | aggravated battery with a firearm, heinous battery, | 3 | | being an armed habitual criminal, aggravated
battery | 4 | | of a senior citizen, or aggravated battery of a child | 5 | | shall receive no
more than 4.5 days of good conduct | 6 | | credit for each month of his or her sentence
of | 7 | | imprisonment;
| 8 | | (iii) that a prisoner serving a sentence
for home | 9 | | invasion, armed robbery, aggravated vehicular | 10 | | hijacking,
aggravated discharge of a firearm, or armed | 11 | | violence with a category I weapon
or category II | 12 | | weapon, when the court
has made and entered a finding, | 13 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 14 | | Code, that the conduct leading to conviction for the | 15 | | enumerated offense
resulted in great bodily harm to a | 16 | | victim, shall receive no more than 4.5 days
of good | 17 | | conduct credit for each month of his or her sentence of | 18 | | imprisonment;
| 19 | | (iv) that a prisoner serving a sentence for | 20 | | aggravated discharge of a firearm, whether or not the | 21 | | conduct leading to conviction for the offense resulted | 22 | | in great bodily harm to the victim, shall receive no | 23 | | more than 4.5 days of good conduct credit for each | 24 | | month of his or her sentence of imprisonment;
| 25 | | (v) that a person serving a sentence for | 26 | | gunrunning, narcotics racketeering, controlled |
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| 1 | | substance trafficking, methamphetamine trafficking, | 2 | | drug-induced homicide, aggravated | 3 | | methamphetamine-related child endangerment, money | 4 | | laundering pursuant to clause (c) (4) or (5) of Section | 5 | | 29B-1 of the Criminal Code of 1961, or a Class X felony | 6 | | conviction for delivery of a controlled substance, | 7 | | possession of a controlled substance with intent to | 8 | | manufacture or deliver, calculated criminal drug | 9 | | conspiracy, criminal drug conspiracy, street gang | 10 | | criminal drug conspiracy, participation in | 11 | | methamphetamine manufacturing, aggravated | 12 | | participation in methamphetamine manufacturing, | 13 | | delivery of methamphetamine, possession with intent to | 14 | | deliver methamphetamine, aggravated delivery of | 15 | | methamphetamine, aggravated possession with intent to | 16 | | deliver methamphetamine, methamphetamine conspiracy | 17 | | when the substance containing the controlled substance | 18 | | or methamphetamine is 100 grams or more shall receive | 19 | | no more than 7.5 days good conduct credit for each | 20 | | month of his or her sentence of imprisonment;
| 21 | | (vi)
that a prisoner serving a sentence for a | 22 | | second or subsequent offense of luring a minor shall | 23 | | receive no more than 4.5 days of good conduct credit | 24 | | for each month of his or her sentence of imprisonment; | 25 | | and
| 26 | | (vii) that a prisoner serving a sentence for |
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| 1 | | aggravated domestic battery shall receive no more than | 2 | | 4.5 days of good conduct credit for each month of his | 3 | | or her sentence of imprisonment.
| 4 | | (2.1) For all offenses, other than those enumerated in | 5 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 6 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 7 | | after June 23, 2005 (the effective date of Public Act | 8 | | 94-71) or subdivision (a)(2)(v) committed on or after | 9 | | August 13, 2007 (the effective date of Public Act 95-134)
| 10 | | or subdivision (a)(2)(vi) committed on or after June 1, | 11 | | 2008 (the effective date of Public Act 95-625) or | 12 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 13 | | ( the effective date of Public Act 96-1224) this amendatory | 14 | | Act of the 96th General Assembly , and other than the | 15 | | offense of aggravated driving under the influence of | 16 | | alcohol, other drug or drugs, or
intoxicating compound or | 17 | | 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, and other than | 20 | | the offense of aggravated driving under the influence of | 21 | | alcohol,
other drug or drugs, or intoxicating compound or | 22 | | compounds, or any combination
thereof as defined in | 23 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 24 | | Section 11-501 of the Illinois Vehicle Code committed on or | 25 | | after January 1, 2011 ( the effective date of Public Act | 26 | | 96-1230) this amendatory Act of the 96th General Assembly ,
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| 1 | | the rules and regulations shall
provide that a prisoner who | 2 | | is serving a term of
imprisonment shall receive one day of | 3 | | good conduct credit for each day of
his or her sentence of | 4 | | imprisonment or recommitment under Section 3-3-9.
Each day | 5 | | of good conduct credit shall reduce by one day the | 6 | | prisoner's period
of imprisonment or recommitment under | 7 | | Section 3-3-9.
| 8 | | (2.2) A prisoner serving a term of natural life | 9 | | imprisonment or a
prisoner who has been sentenced to death | 10 | | shall receive no good conduct
credit.
| 11 | | (2.3) The rules and regulations on early release shall | 12 | | provide that
a prisoner who is serving a sentence for | 13 | | aggravated driving under the influence of alcohol,
other | 14 | | drug or drugs, or intoxicating compound or compounds, or | 15 | | any combination
thereof as defined in subparagraph (F) of | 16 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 17 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 18 | | of good conduct credit for each month of his or her | 19 | | sentence of
imprisonment.
| 20 | | (2.4) The rules and regulations on early release shall | 21 | | provide with
respect to the offenses of aggravated battery | 22 | | with a machine gun or a firearm
equipped with any device or | 23 | | attachment designed or used for silencing the
report of a | 24 | | firearm or aggravated discharge of a machine gun or a | 25 | | firearm
equipped with any device or attachment designed or | 26 | | used for silencing the
report of a firearm, committed on or |
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| 1 | | after
July 15, 1999 (the effective date of Public Act | 2 | | 91-121),
that a prisoner serving a sentence for any of | 3 | | these offenses shall receive no
more than 4.5 days of good | 4 | | conduct credit for each month of his or her sentence
of | 5 | | imprisonment.
| 6 | | (2.5) The rules and regulations on early release shall | 7 | | provide that a
prisoner who is serving a sentence for | 8 | | aggravated arson committed on or after
July 27, 2001 (the | 9 | | effective date of Public Act 92-176) shall receive no more | 10 | | than
4.5 days of good conduct credit for each month of his | 11 | | or her sentence of
imprisonment.
| 12 | | (2.6) The rules and regulations on early release shall | 13 | | provide that a
prisoner who is serving a sentence for | 14 | | aggravated driving under the influence of alcohol,
other | 15 | | drug or drugs, or intoxicating compound or compounds , or | 16 | | any combination
thereof as defined in subparagraph (C) of | 17 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 18 | | Illinois Vehicle Code committed on or after January 1, 2011 | 19 | | ( the effective date of Public Act 96-1230) this amendatory | 20 | | Act of the 96th General Assembly, shall receive no more | 21 | | than 4.5
days of good conduct credit for each month of his | 22 | | or her sentence of
imprisonment.
| 23 | | (3) The rules and regulations shall also provide that
| 24 | | the Director may award up to 180 days additional good | 25 | | conduct
credit for meritorious service in specific | 26 | | instances as the
Director deems proper; except that no more |
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| 1 | | than 90 days
of good conduct credit for meritorious service
| 2 | | shall be awarded to any prisoner who is serving a sentence | 3 | | for
conviction of first degree murder, reckless homicide | 4 | | while under the
influence of alcohol or any other drug,
or | 5 | | aggravated driving under the influence of alcohol, other | 6 | | drug or drugs, or
intoxicating compound or compounds, or | 7 | | any combination thereof as defined in
subparagraph (F) of | 8 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 9 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 10 | | predatory criminal sexual assault of a child,
aggravated | 11 | | criminal sexual assault, criminal sexual assault, deviate | 12 | | sexual
assault, aggravated criminal sexual abuse, | 13 | | aggravated indecent liberties
with a child, indecent | 14 | | liberties with a child, child pornography, heinous
| 15 | | battery, aggravated battery of a spouse, aggravated | 16 | | battery of a spouse
with a firearm, stalking, aggravated | 17 | | stalking, aggravated battery of a child,
endangering the | 18 | | life or health of a child, or cruelty to a child. | 19 | | Notwithstanding the foregoing, good conduct credit for
| 20 | | meritorious service shall not be awarded on a
sentence of | 21 | | imprisonment imposed for conviction of: (i) one of the | 22 | | offenses
enumerated in subdivision (a)(2)(i), (ii), or | 23 | | (iii) when the offense is committed on or after
June 19, | 24 | | 1998 or subdivision (a)(2)(iv) when the offense is | 25 | | committed on or after June 23, 2005 (the effective date of | 26 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense |
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| 1 | | is committed on or after August 13, 2007 (the effective | 2 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 3 | | the offense is committed on or after June 1, 2008 (the | 4 | | effective date of Public Act 95-625) or subdivision | 5 | | (a)(2)(vii) when the offense is committed on or after July | 6 | | 23, 2010 ( the effective date of Public Act 96-1224) this | 7 | | amendatory Act of the 96th General Assembly , (ii) | 8 | | aggravated driving under the influence of alcohol, other | 9 | | drug or drugs, or
intoxicating compound or compounds, or | 10 | | any combination thereof as defined in
subparagraph (F) of | 11 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 12 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 13 | | in subdivision
(a)(2.4) when the offense is committed on or | 14 | | after
July 15, 1999 (the effective date of Public Act | 15 | | 91-121),
(iv) aggravated arson when the offense is | 16 | | committed
on or after July 27, 2001 (the effective date of | 17 | | Public Act 92-176), or (v) offenses that may subject the | 18 | | offender to commitment under the Sexually Violent Persons | 19 | | Commitment Act, or (vi) (v) aggravated driving under the | 20 | | influence of alcohol,
other drug or drugs, or intoxicating | 21 | | compound or compounds , or any combination
thereof as | 22 | | defined in subparagraph (C) of paragraph (1) of subsection | 23 | | (d) of
Section 11-501 of the Illinois Vehicle Code | 24 | | committed on or after January 1, 2011 ( the effective date | 25 | | of Public Act 96-1230) this amendatory Act of the 96th | 26 | | General Assembly .
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| 1 | | The Director shall not award good conduct credit for | 2 | | meritorious service under this paragraph (3) to an inmate | 3 | | unless the inmate has served a minimum of 60 days of the | 4 | | sentence; except nothing in this paragraph shall be | 5 | | construed to permit the Director to extend an inmate's | 6 | | sentence beyond that which was imposed by the court. Prior | 7 | | to awarding credit under this paragraph (3), the Director | 8 | | shall make a written determination that the inmate: | 9 | | (A) is eligible for good conduct credit for | 10 | | meritorious service; | 11 | | (B) has served a minimum of 60 days, or as close to | 12 | | 60 days as the sentence will allow; and | 13 | | (C) has met the eligibility criteria established | 14 | | by rule. | 15 | | The Director shall determine the form and content of | 16 | | the written determination required in this subsection.
| 17 | | (4) The rules and regulations shall also provide that | 18 | | the good conduct
credit accumulated and retained under | 19 | | paragraph (2.1) of subsection (a) of
this Section by any | 20 | | inmate during specific periods of time in which such
inmate | 21 | | is engaged full-time in substance abuse programs, | 22 | | correctional
industry assignments, or educational programs | 23 | | provided by the Department
under this paragraph (4) and | 24 | | satisfactorily completes the assigned program as
| 25 | | determined by the standards of the Department, shall be | 26 | | multiplied by a factor
of 1.25 for program participation |
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| 1 | | before August 11, 1993
and 1.50 for program participation | 2 | | on or after that date.
However, no inmate shall be eligible | 3 | | for the additional good conduct credit
under this paragraph | 4 | | (4) or (4.1) of this subsection (a) while assigned to a | 5 | | boot camp
or electronic detention, or if convicted of an | 6 | | offense enumerated in
subdivision (a)(2)(i), (ii), or | 7 | | (iii) of this Section that is committed on or after June | 8 | | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 9 | | committed on or after June 23, 2005 (the effective date of | 10 | | Public Act 94-71) or subdivision (a)(2)(v) of this Section | 11 | | that is committed on or after August 13, 2007 (the | 12 | | effective date of Public Act 95-134)
or subdivision | 13 | | (a)(2)(vi) when the offense is committed on or after June | 14 | | 1, 2008 (the effective date of Public Act 95-625) or | 15 | | subdivision (a)(2)(vii) when the offense is committed on or | 16 | | after July 23, 2010 ( the effective date of Public Act | 17 | | 96-1224) this amendatory Act of the 96th General Assembly , | 18 | | or if convicted of 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 | 22 | | Section 11-501 of the
Illinois Vehicle Code, or if | 23 | | convicted of aggravated driving under the influence of | 24 | | alcohol,
other drug or drugs, or intoxicating compound or | 25 | | compounds , or any combination
thereof as defined in | 26 | | subparagraph (C) of paragraph (1) of subsection (d) of
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| 1 | | Section 11-501 of the Illinois Vehicle Code committed on or | 2 | | after January 1, 2011 ( the effective date of Public Act | 3 | | 96-1230) this amendatory Act of the 96th General Assembly , | 4 | | or if convicted of an offense enumerated in paragraph
| 5 | | (a)(2.4) of this Section that is committed on or after
July | 6 | | 15, 1999 (the effective date of Public Act 91-121),
or | 7 | | first degree murder, a Class X felony, criminal sexual
| 8 | | assault, felony criminal sexual abuse, aggravated criminal | 9 | | sexual abuse,
aggravated battery with a firearm, or any | 10 | | predecessor or successor offenses
with the same or | 11 | | substantially the same elements, or any inchoate offenses
| 12 | | relating to the foregoing offenses. No inmate shall be | 13 | | eligible for the
additional good conduct credit under this | 14 | | paragraph (4) who (i) has previously
received increased | 15 | | good conduct credit under this paragraph (4) and has
| 16 | | subsequently been convicted of a
felony, or (ii) has | 17 | | previously served more than one prior sentence of
| 18 | | imprisonment for a felony in an adult correctional | 19 | | facility.
| 20 | | Educational, vocational, substance abuse and | 21 | | correctional
industry programs under which good conduct | 22 | | credit may be increased under
this paragraph (4) and | 23 | | paragraph (4.1) of this subsection (a) shall be evaluated | 24 | | by the Department on the basis of
documented standards. The | 25 | | Department shall report the results of these
evaluations to | 26 | | the Governor and the General Assembly by September 30th of |
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| 1 | | each
year. The reports shall include data relating to the | 2 | | recidivism rate among
program participants.
| 3 | | Availability of these programs shall be subject to the
| 4 | | limits of fiscal resources appropriated by the General | 5 | | Assembly for these
purposes. Eligible inmates who are | 6 | | denied immediate admission shall be
placed on a waiting | 7 | | list under criteria established by the Department.
The | 8 | | inability of any inmate to become engaged in any such | 9 | | programs
by reason of insufficient program resources or for | 10 | | any other reason
established under the rules and | 11 | | regulations of the Department shall not be
deemed a cause | 12 | | of action under which the Department or any employee or
| 13 | | agent of the Department shall be liable for damages to the | 14 | | inmate.
| 15 | | (4.1) The rules and regulations shall also provide that | 16 | | an additional 60 days of good conduct credit shall be | 17 | | awarded to any prisoner who passes the high school level | 18 | | Test of General Educational Development (GED) while the | 19 | | prisoner is incarcerated. The good conduct credit awarded | 20 | | under this paragraph (4.1) shall be in addition to, and | 21 | | shall not affect, the award of good conduct under any other | 22 | | paragraph of this Section, but shall also be pursuant to | 23 | | the guidelines and restrictions set forth in paragraph (4) | 24 | | of subsection (a) of this Section.
The good conduct credit | 25 | | provided for in this paragraph shall be available only to | 26 | | those prisoners who have not previously earned a high |
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| 1 | | school diploma or a GED. If, after an award of the GED good | 2 | | conduct credit has been made and the Department determines | 3 | | that the prisoner was not eligible, then the award shall be | 4 | | revoked.
| 5 | | (4.5) The rules and regulations on early release shall | 6 | | also provide that
when the court's sentencing order | 7 | | recommends a prisoner for substance abuse treatment and the
| 8 | | crime was committed on or after September 1, 2003 (the | 9 | | effective date of
Public Act 93-354), the prisoner shall | 10 | | receive no good conduct credit awarded under clause (3) of | 11 | | this subsection (a) unless he or she participates in and
| 12 | | completes a substance abuse treatment program. The | 13 | | Director may waive the requirement to participate in or | 14 | | complete a substance abuse treatment program and award the | 15 | | good conduct credit in specific instances if the prisoner | 16 | | is not a good candidate for a substance abuse treatment | 17 | | program for medical, programming, or operational reasons. | 18 | | Availability of
substance abuse treatment shall be subject | 19 | | to the limits of fiscal resources
appropriated by the | 20 | | General Assembly for these purposes. If treatment is not
| 21 | | available and the requirement to participate and complete | 22 | | the treatment has not been waived by the Director, the | 23 | | prisoner shall be placed on a waiting list under criteria
| 24 | | established by the Department. The Director may allow a | 25 | | prisoner placed on
a waiting list to participate in and | 26 | | complete a substance abuse education class or attend |
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| 1 | | substance
abuse self-help meetings in lieu of a substance | 2 | | abuse treatment program. A prisoner on a waiting list who | 3 | | is not placed in a substance abuse program prior to release | 4 | | may be eligible for a waiver and receive good conduct | 5 | | credit under clause (3) of this subsection (a) at the | 6 | | discretion of the Director.
| 7 | | (4.6) The rules and regulations on early release shall | 8 | | also provide that a prisoner who has been convicted of a | 9 | | sex offense as defined in Section 2 of the Sex Offender | 10 | | Registration Act shall receive no good conduct credit | 11 | | unless he or she either has successfully completed or is | 12 | | participating in sex offender treatment as defined by the | 13 | | Sex Offender Management Board. However, prisoners who are | 14 | | waiting to receive such treatment, but who are unable to do | 15 | | so due solely to the lack of resources on the part of the | 16 | | Department, may, at the Director's sole discretion, be | 17 | | awarded good conduct credit at such rate as the Director | 18 | | shall determine.
| 19 | | (5) Whenever the Department is to release any inmate | 20 | | earlier than it
otherwise would because of a grant of good | 21 | | conduct credit for meritorious
service given at any time | 22 | | during the term, the Department shall give
reasonable | 23 | | notice of the impending release not less than 14 days prior | 24 | | to the date of the release to the State's
Attorney of the | 25 | | county where the prosecution of the inmate took place, and | 26 | | if applicable, the State's Attorney of the county into |
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| 1 | | which the inmate will be released. The Department must also | 2 | | make identification information and a recent photo of the | 3 | | inmate being released accessible on the Internet by means | 4 | | of a hyperlink labeled "Community Notification of Inmate | 5 | | Early Release" on the Department's World Wide Web homepage.
| 6 | | The identification information shall include the inmate's: | 7 | | name, any known alias, date of birth, physical | 8 | | characteristics, residence address, commitment offense and | 9 | | county where conviction was imposed. The identification | 10 | | information shall be placed on the website within 3 days of | 11 | | the inmate's release and the information may not be removed | 12 | | until either: completion of the first year of mandatory | 13 | | supervised release or return of the inmate to custody of | 14 | | the Department.
| 15 | | (b) Whenever a person is or has been committed under
| 16 | | several convictions, with separate sentences, the sentences
| 17 | | shall be construed under Section 5-8-4 in granting and
| 18 | | forfeiting of good time.
| 19 | | (c) The Department shall prescribe rules and regulations
| 20 | | for revoking good conduct credit, or suspending or reducing
the | 21 | | rate of accumulation of good conduct credit for specific
rule | 22 | | violations, during imprisonment. These rules and regulations
| 23 | | shall provide that no inmate may be penalized more than one
| 24 | | year of good conduct credit for any one infraction.
| 25 | | When the Department seeks to revoke, suspend or reduce
the | 26 | | rate of accumulation of any good conduct credits for
an alleged |
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| 1 | | infraction of its rules, it shall bring charges
therefor | 2 | | against the prisoner sought to be so deprived of
good conduct | 3 | | credits before the Prisoner Review Board as
provided in | 4 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 5 | | amount of credit at issue exceeds 30 days or
when during any 12 | 6 | | month period, the cumulative amount of
credit revoked exceeds | 7 | | 30 days except where the infraction is committed
or discovered | 8 | | within 60 days of scheduled release. In those cases,
the | 9 | | Department of Corrections may revoke up to 30 days of good | 10 | | conduct credit.
The Board may subsequently approve the | 11 | | revocation of additional good
conduct credit, if the Department | 12 | | seeks to revoke good conduct credit in
excess of 30 days. | 13 | | However, the Board shall not be empowered to review the
| 14 | | Department's decision with respect to the loss of 30 days of | 15 | | good conduct
credit within any calendar year for any prisoner | 16 | | or to increase any penalty
beyond the length requested by the | 17 | | Department.
| 18 | | The Director of the Department of Corrections, in | 19 | | appropriate cases, may
restore up to 30 days good conduct | 20 | | credits which have been revoked, suspended
or reduced. Any | 21 | | restoration of good conduct credits in excess of 30 days shall
| 22 | | be subject to review by the Prisoner Review Board. However, the | 23 | | Board may not
restore good conduct credit in excess of the | 24 | | amount requested by the Director.
| 25 | | Nothing contained in this Section shall prohibit the | 26 | | Prisoner Review Board
from ordering, pursuant to Section |
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| 1 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 2 | | sentence imposed by the court that was not served due to the
| 3 | | accumulation of good conduct credit.
| 4 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 5 | | federal court
against the State, the Department of Corrections, | 6 | | or the Prisoner Review Board,
or against any of
their officers | 7 | | or employees, and the court makes a specific finding that a
| 8 | | pleading, motion, or other paper filed by the prisoner is | 9 | | frivolous, the
Department of Corrections shall conduct a | 10 | | hearing to revoke up to
180 days of good conduct credit by | 11 | | bringing charges against the prisoner
sought to be deprived of | 12 | | the good conduct credits before the Prisoner Review
Board as | 13 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 14 | | If the prisoner has not accumulated 180 days of good conduct | 15 | | credit at the
time of the finding, then the Prisoner Review | 16 | | Board may revoke all
good conduct credit accumulated by the | 17 | | prisoner.
| 18 | | For purposes of this subsection (d):
| 19 | | (1) "Frivolous" means that a pleading, motion, or other | 20 | | filing which
purports to be a legal document filed by a | 21 | | prisoner in his or her lawsuit meets
any or all of the | 22 | | following criteria:
| 23 | | (A) it lacks an arguable basis either in law or in | 24 | | fact;
| 25 | | (B) it is being presented for any improper purpose, | 26 | | such as to harass or
to cause unnecessary delay or |
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| 1 | | needless increase in the cost of litigation;
| 2 | | (C) the claims, defenses, and other legal | 3 | | contentions therein are not
warranted by existing law | 4 | | or by a nonfrivolous argument for the extension,
| 5 | | modification, or reversal of existing law or the | 6 | | establishment of new law;
| 7 | | (D) the allegations and other factual contentions | 8 | | do not have
evidentiary
support or, if specifically so | 9 | | identified, are not likely to have evidentiary
support | 10 | | after a reasonable opportunity for further | 11 | | investigation or discovery;
or
| 12 | | (E) the denials of factual contentions are not | 13 | | warranted on the
evidence, or if specifically so | 14 | | identified, are not reasonably based on a lack
of | 15 | | information or belief.
| 16 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 17 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 18 | | action under
Article X of the Code of Civil Procedure or | 19 | | under federal law (28 U.S.C. 2254),
a petition for claim | 20 | | under the Court of Claims Act, an action under the
federal | 21 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 22 | | subsequent petition for post-conviction relief under | 23 | | Article 122 of the Code of Criminal Procedure of 1963 | 24 | | whether filed with or without leave of court or a second or | 25 | | subsequent petition for relief from judgment under Section | 26 | | 2-1401 of the Code of Civil Procedure.
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| 1 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 2 | | validity of Public Act 89-404.
| 3 | | (f) Whenever the Department is to release any inmate who | 4 | | has been convicted of a violation of an order of protection | 5 | | under Section 12-30 of the Criminal Code of 1961, earlier than | 6 | | it
otherwise would because of a grant of good conduct credit, | 7 | | the Department, as a condition of such early release, shall | 8 | | require that the person, upon release, be placed under | 9 | | electronic surveillance as provided in Section 5-8A-7 of this | 10 | | Code. | 11 | | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | 12 | | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | 13 | | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. | 14 | | 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, | 15 | | eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)".
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