Full Text of SB2123 102nd General Assembly
SB2123 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2123 Introduced 2/26/2021, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
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Amends the Unified Code of Corrections. Provides that sentence credit may be awarded to a prisoner for credit earned for good conduct, certain program participation, and educational credit, but that the award of credits may not reduce the sentence of the prisoner more than 5 years. Provides that a person serving a term of natural life imprisonment may not earn sentencing credit.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-6-3 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; | 17 | | (B) compliance with the rules and regulations of the | 18 | | Department; or | 19 | | (C) service to the institution, service to a | 20 | | community, or service to the State. | 21 | | (2) Except as provided in paragraph (4.7) of this | 22 | | subsection (a), the rules and regulations on sentence credit | 23 | | shall provide, with
respect to offenses listed in clause (i), |
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| 1 | | (ii), or (iii) of this paragraph (2) committed on or after June | 2 | | 19, 1998 or with respect to the offense listed in clause (iv) | 3 | | of this paragraph (2) committed on or after June 23, 2005 (the | 4 | | effective date of Public Act 94-71) or with
respect to offense | 5 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 6 | | effective date of Public Act 95-625)
or with respect to the | 7 | | offense of being an armed habitual criminal committed on or | 8 | | after August 2, 2005 (the effective date of Public Act 94-398) | 9 | | or with respect to the offenses listed in clause (v) of this | 10 | | paragraph (2) committed on or after August 13, 2007 (the | 11 | | effective date of Public Act 95-134) or with respect to the | 12 | | offense of aggravated domestic battery committed on or after | 13 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 14 | | with respect to the offense of attempt to commit terrorism | 15 | | committed on or after January 1, 2013 (the effective date of | 16 | | Public Act 97-990), the following:
| 17 | | (i) that a prisoner who is serving a term of | 18 | | imprisonment for first
degree murder or for the offense of | 19 | | terrorism shall receive no sentence
credit and shall serve | 20 | | the entire
sentence imposed by the court;
| 21 | | (ii) that a prisoner serving a sentence for attempt to | 22 | | commit terrorism, attempt to commit first
degree murder, | 23 | | solicitation of murder, solicitation of murder for hire,
| 24 | | intentional homicide of an unborn child, predatory | 25 | | criminal sexual assault of a
child, aggravated criminal | 26 | | sexual assault, criminal sexual assault, aggravated
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| 1 | | kidnapping, aggravated battery with a firearm as described | 2 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | 3 | | or (e)(4) of Section 12-3.05, heinous battery as described | 4 | | in Section 12-4.1 or subdivision (a)(2) of Section | 5 | | 12-3.05, being an armed habitual criminal, aggravated
| 6 | | battery of a senior citizen as described in Section 12-4.6 | 7 | | or subdivision (a)(4) of Section 12-3.05, or aggravated | 8 | | battery of a child as described in Section 12-4.3 or | 9 | | subdivision (b)(1) of Section 12-3.05 shall receive no
| 10 | | more than 4.5 days of sentence credit for each month of his | 11 | | or her sentence
of imprisonment;
| 12 | | (iii) that a prisoner serving a sentence
for home | 13 | | invasion, armed robbery, aggravated vehicular hijacking,
| 14 | | aggravated discharge of a firearm, or armed violence with | 15 | | a category I weapon
or category II weapon, when the court
| 16 | | has made and entered a finding, pursuant to subsection | 17 | | (c-1) of Section 5-4-1
of this Code, that the conduct | 18 | | leading to conviction for the enumerated offense
resulted | 19 | | in great bodily harm to a victim, shall receive no more | 20 | | than 4.5 days
of sentence credit for each month of his or | 21 | | her sentence of imprisonment;
| 22 | | (iv) that a prisoner serving a sentence for aggravated | 23 | | discharge of a firearm, whether or not the conduct leading | 24 | | to conviction for the offense resulted in great bodily | 25 | | harm to the victim, shall receive no more than 4.5 days of | 26 | | sentence credit for each month of his or her sentence of |
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| 1 | | imprisonment;
| 2 | | (v) that a person serving a sentence for gunrunning, | 3 | | narcotics racketeering, controlled substance trafficking, | 4 | | methamphetamine trafficking, drug-induced homicide, | 5 | | aggravated methamphetamine-related child endangerment, | 6 | | money laundering pursuant to clause (c) (4) or (5) of | 7 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012, or a Class X felony conviction for delivery | 9 | | of a controlled substance, possession of a controlled | 10 | | substance with intent to manufacture or deliver, | 11 | | calculated criminal drug conspiracy, criminal drug | 12 | | conspiracy, street gang criminal drug conspiracy, | 13 | | participation in methamphetamine manufacturing, | 14 | | aggravated participation in methamphetamine | 15 | | manufacturing, delivery of methamphetamine, possession | 16 | | with intent to deliver methamphetamine, aggravated | 17 | | delivery of methamphetamine, aggravated possession with | 18 | | intent to deliver methamphetamine, methamphetamine | 19 | | conspiracy when the substance containing the controlled | 20 | | substance or methamphetamine is 100 grams or more shall | 21 | | receive no more than 7.5 days sentence credit for each | 22 | | month of his or her sentence of imprisonment;
| 23 | | (vi)
that a prisoner serving a sentence for a second | 24 | | or subsequent offense of luring a minor shall receive no | 25 | | more than 4.5 days of sentence credit for each month of his | 26 | | or her sentence of imprisonment; and
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| 1 | | (vii) that a prisoner serving a sentence for | 2 | | aggravated domestic battery shall receive no more than 4.5 | 3 | | days of sentence credit for each month of his or her | 4 | | sentence of imprisonment. | 5 | | (2.1) For all offenses, other than those enumerated in | 6 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 7 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 8 | | June 23, 2005 (the effective date of Public Act 94-71) or | 9 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 10 | | (the effective date of Public Act 95-134)
or subdivision | 11 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 12 | | date of Public Act 95-625) or subdivision (a)(2)(vii) | 13 | | committed on or after July 23, 2010 (the effective date of | 14 | | Public Act 96-1224), and other than the offense of aggravated | 15 | | driving under the influence of alcohol, other drug or drugs, | 16 | | or
intoxicating compound or compounds, or any combination | 17 | | thereof as defined in
subparagraph (F) of paragraph (1) of | 18 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | 19 | | and other than the offense of aggravated driving under the | 20 | | influence of alcohol,
other drug or drugs, or intoxicating | 21 | | compound or compounds, or any combination
thereof as defined | 22 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 23 | | Section 11-501 of the Illinois Vehicle Code committed on or | 24 | | after January 1, 2011 (the effective date of Public Act | 25 | | 96-1230),
the rules and regulations shall
provide that a | 26 | | prisoner who is serving a term of
imprisonment shall receive |
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| 1 | | one day of sentence credit for each day of
his or her sentence | 2 | | of imprisonment or recommitment under Section 3-3-9.
Each day | 3 | | of sentence credit shall reduce by one day the prisoner's | 4 | | period
of imprisonment or recommitment under Section 3-3-9.
| 5 | | (2.2) A prisoner serving a term of natural life | 6 | | imprisonment or a
prisoner who has been sentenced to death | 7 | | shall receive no sentence
credit.
| 8 | | (2.3) Except as provided in paragraph (4.7) of this | 9 | | subsection (a), the rules and regulations on sentence credit | 10 | | shall provide that
a prisoner who is serving a sentence for | 11 | | aggravated driving under the influence of alcohol,
other drug | 12 | | or drugs, or intoxicating compound or compounds, or any | 13 | | combination
thereof as defined in subparagraph (F) of | 14 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 15 | | Illinois Vehicle Code, shall receive no more than 4.5
days of | 16 | | sentence credit for each month of his or her sentence of
| 17 | | imprisonment.
| 18 | | (2.4) Except as provided in paragraph (4.7) of this | 19 | | subsection (a), the rules and regulations on sentence credit | 20 | | shall provide with
respect to the offenses of aggravated | 21 | | battery with a machine gun or a firearm
equipped with any | 22 | | device or attachment designed or used for silencing the
report | 23 | | of a firearm or aggravated discharge of a machine gun or a | 24 | | firearm
equipped with any device or attachment designed or | 25 | | used for silencing the
report of a firearm, committed on or | 26 | | after
July 15, 1999 (the effective date of Public Act 91-121),
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| 1 | | that a prisoner serving a sentence for any of these offenses | 2 | | shall receive no
more than 4.5 days of sentence credit for each | 3 | | month of his or her sentence
of imprisonment.
| 4 | | (2.5) Except as provided in paragraph (4.7) of this | 5 | | subsection (a), the rules and regulations on sentence credit | 6 | | shall provide that a
prisoner who is serving a sentence for | 7 | | aggravated arson committed on or after
July 27, 2001 (the | 8 | | effective date of Public Act 92-176) shall receive no more | 9 | | than
4.5 days of sentence credit for each month of his or her | 10 | | sentence of
imprisonment.
| 11 | | (2.6) Except as provided in paragraph (4.7) of this | 12 | | subsection (a), the rules and regulations on sentence credit | 13 | | shall provide that a
prisoner who is serving a sentence for | 14 | | aggravated driving under the influence of alcohol,
other drug | 15 | | or drugs, or intoxicating compound or compounds or any | 16 | | 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) shall receive no | 20 | | more than 4.5
days of sentence credit for each month of his or | 21 | | her sentence of
imprisonment. | 22 | | (3) In addition to the sentence credits earned under | 23 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection | 24 | | (a), the rules and regulations shall also provide that
the | 25 | | Director may award up to 180 days of earned sentence
credit for | 26 | | good conduct in specific instances as the
Director deems |
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| 1 | | proper. The good conduct may include, but is not limited to, | 2 | | compliance with the rules and regulations of the Department, | 3 | | service to the Department, service to a community, or service | 4 | | to the State.
| 5 | | Eligible inmates for an award of earned sentence credit | 6 | | under
this paragraph (3) may be selected to receive the credit | 7 | | at
the Director's or his or her designee's sole discretion.
| 8 | | Eligibility for the additional earned sentence credit under | 9 | | this paragraph (3) shall be based on, but is not limited to, | 10 | | the results of any available risk/needs assessment or other | 11 | | relevant assessments or evaluations administered by the | 12 | | Department using a validated instrument, the circumstances of | 13 | | the crime, any history of conviction for a forcible felony | 14 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 15 | | inmate's behavior and disciplinary history while incarcerated, | 16 | | and the inmate's commitment to rehabilitation, including | 17 | | participation in programming offered by the Department. | 18 | | The Director shall not award sentence credit under this | 19 | | paragraph (3) to an inmate unless the inmate has served a | 20 | | minimum of 60 days of the sentence; except nothing in this | 21 | | paragraph shall be construed to permit the Director to extend | 22 | | an inmate's sentence beyond that which was imposed by the | 23 | | court. Prior to awarding credit under this paragraph (3), the | 24 | | Director shall make a written determination that the inmate: | 25 | | (A) is eligible for the earned sentence credit; | 26 | | (B) has served a minimum of 60 days, or as close to 60 |
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| 1 | | days as the sentence will allow; | 2 | | (B-1) has received a risk/needs assessment or other | 3 | | relevant evaluation or assessment administered by the | 4 | | Department using a validated instrument; and | 5 | | (C) has met the eligibility criteria established by | 6 | | rule for earned sentence credit. | 7 | | The Director shall determine the form and content of the | 8 | | written determination required in this subsection. | 9 | | (3.5) The Department shall provide annual written reports | 10 | | to the Governor and the General Assembly on the award of earned | 11 | | sentence credit no later than February 1 of each year. The | 12 | | Department must publish both reports on its website within 48 | 13 | | hours of transmitting the reports to the Governor and the | 14 | | General Assembly. The reports must include: | 15 | | (A) the number of inmates awarded earned sentence | 16 | | credit; | 17 | | (B) the average amount of earned sentence credit | 18 | | awarded; | 19 | | (C) the holding offenses of inmates awarded earned | 20 | | sentence credit; and | 21 | | (D) the number of earned sentence credit revocations. | 22 | | (4)(A) Except as provided in paragraph (4.7) of this | 23 | | subsection (a), the rules and regulations shall also provide | 24 | | that the sentence
credit accumulated and retained under | 25 | | paragraph (2.1) of subsection (a) of
this Section by any | 26 | | inmate during specific periods of time in which such
inmate is |
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| 1 | | engaged full-time in substance abuse programs, correctional
| 2 | | industry assignments, educational programs, behavior | 3 | | modification programs, life skills courses, or re-entry | 4 | | planning provided by the Department
under this paragraph (4) | 5 | | and satisfactorily completes the assigned program as
| 6 | | determined by the standards of the Department, shall be | 7 | | multiplied by a factor
of 1.25 for program participation | 8 | | before August 11, 1993
and 1.50 for program participation on | 9 | | or after that date.
The rules and regulations shall also | 10 | | provide that sentence credit, subject to the same offense | 11 | | limits and multiplier provided in this paragraph, may be | 12 | | provided to an inmate who was held in pre-trial detention | 13 | | prior to his or her current commitment to the Department of | 14 | | Corrections and successfully completed a full-time, 60-day or | 15 | | longer substance abuse program, educational program, behavior | 16 | | modification program, life skills course, or re-entry planning | 17 | | provided by the county department of corrections or county | 18 | | jail. Calculation of this county program credit shall be done | 19 | | at sentencing as provided in Section 5-4.5-100 of this Code | 20 | | and shall be included in the sentencing order. However, no | 21 | | inmate shall be eligible for the additional sentence credit
| 22 | | under this paragraph (4) or (4.1) of this subsection (a) while | 23 | | assigned to a boot camp
or electronic detention.
| 24 | | (B) The Department shall award sentence credit under this | 25 | | paragraph (4) accumulated prior to January 1, 2020 ( the | 26 | | effective date of Public Act 101-440) this amendatory Act of |
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| 1 | | the 101st General Assembly in an amount specified in | 2 | | subparagraph (C) of this paragraph (4) to an inmate serving a | 3 | | sentence for an offense committed prior to June 19, 1998, if | 4 | | the Department determines that the inmate is entitled to this | 5 | | sentence credit, based upon: | 6 | | (i) documentation provided by the Department that the | 7 | | inmate engaged in any full-time substance abuse programs, | 8 | | correctional industry assignments, educational programs, | 9 | | behavior modification programs, life skills courses, or | 10 | | re-entry planning provided by the Department under this | 11 | | paragraph (4) and satisfactorily completed the assigned | 12 | | program as determined by the standards of the Department | 13 | | during the inmate's current term of incarceration; or | 14 | | (ii) the inmate's own testimony in the form of an | 15 | | affidavit or documentation, or a third party's | 16 | | documentation or testimony in the form of an affidavit | 17 | | that the inmate likely engaged in any full-time substance | 18 | | abuse programs, correctional industry assignments, | 19 | | educational programs, behavior modification programs, life | 20 | | skills courses, or re-entry planning provided by the | 21 | | Department under paragraph (4) and satisfactorily | 22 | | completed the assigned program as determined by the | 23 | | standards of the Department during the inmate's current | 24 | | term of incarceration. | 25 | | (C) If the inmate can provide documentation that he or she | 26 | | is entitled to sentence credit under subparagraph (B) in |
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| 1 | | excess of 45 days of participation in those programs, the | 2 | | inmate shall receive 90 days of sentence credit. If the inmate | 3 | | cannot provide documentation of more than 45 days of | 4 | | participation in those programs, the inmate shall receive 45 | 5 | | days of sentence credit. In the event of a disagreement | 6 | | between the Department and the inmate as to the amount of | 7 | | credit accumulated under subparagraph (B), if the Department | 8 | | provides documented proof of a lesser amount of days of | 9 | | participation in those programs, that proof shall control. If | 10 | | the Department provides no documentary proof, the inmate's | 11 | | proof as set forth in clause (ii) of subparagraph (B) shall | 12 | | control as to the amount of sentence credit provided. | 13 | | (D) If the inmate has been convicted of a sex offense as | 14 | | defined in Section 2 of the Sex Offender Registration Act, | 15 | | sentencing credits under subparagraph (B) of this paragraph | 16 | | (4) shall be awarded by the Department only if the conditions | 17 | | set forth in paragraph (4.6) of subsection (a) are satisfied. | 18 | | No inmate serving a term of natural life imprisonment shall | 19 | | receive sentence credit under subparagraph (B) of this | 20 | | paragraph (4). | 21 | | Educational, vocational, substance abuse, behavior | 22 | | modification programs, life skills courses, re-entry planning, | 23 | | and correctional
industry programs under which sentence credit | 24 | | may be increased under
this paragraph (4) and paragraph (4.1) | 25 | | of this subsection (a) shall be evaluated by the Department on | 26 | | the basis of
documented standards. The Department shall report |
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| 1 | | the results of these
evaluations to the Governor and the | 2 | | General Assembly by September 30th of each
year. The reports | 3 | | shall include data relating to the recidivism rate among
| 4 | | program participants.
| 5 | | Availability of these programs shall be subject to the
| 6 | | limits of fiscal resources appropriated by the General | 7 | | Assembly for these
purposes. Eligible inmates who are denied | 8 | | immediate admission shall be
placed on a waiting list under | 9 | | criteria established by the Department.
The inability of any | 10 | | inmate to become engaged in any such programs
by reason of | 11 | | insufficient program resources or for any other reason
| 12 | | established under the rules and regulations of the Department | 13 | | shall not be
deemed a cause of action under which the | 14 | | Department or any employee or
agent of the Department shall be | 15 | | liable for damages to the inmate.
| 16 | | (4.1) Except as provided in paragraph (4.7) of this | 17 | | subsection (a), the rules and regulations shall also provide | 18 | | that an additional 90 days of sentence credit shall be awarded | 19 | | to any prisoner who passes high school equivalency testing | 20 | | while the prisoner is committed to the Department of | 21 | | Corrections. The sentence credit awarded under this paragraph | 22 | | (4.1) shall be in addition to, and shall not affect, the award | 23 | | of sentence credit under any other paragraph of this Section, | 24 | | but shall also be pursuant to the guidelines and restrictions | 25 | | set forth in paragraph (4) of subsection (a) of this Section.
| 26 | | The sentence credit provided for in this paragraph shall be |
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| 1 | | available only to those prisoners who have not previously | 2 | | earned a high school diploma or a high school equivalency | 3 | | certificate. If, after an award of the high school equivalency | 4 | | testing sentence credit has been made, the Department | 5 | | determines that the prisoner was not eligible, then the award | 6 | | shall be revoked.
The Department may also award 90 days of | 7 | | sentence credit to any committed person who passed high school | 8 | | equivalency testing while he or she was held in pre-trial | 9 | | detention prior to the current commitment to the Department of | 10 | | Corrections. | 11 | | Except as provided in paragraph (4.7) of this subsection | 12 | | (a), the rules and regulations shall provide that an | 13 | | additional 180 days of sentence credit shall be awarded to any | 14 | | prisoner who obtains a bachelor's degree while the prisoner is | 15 | | committed to the Department of Corrections. The sentence | 16 | | credit awarded under this paragraph (4.1) shall be in addition | 17 | | to, and shall not affect, the award of sentence credit under | 18 | | any other paragraph of this Section, but shall also be under | 19 | | the guidelines and restrictions set forth in paragraph (4) of | 20 | | this subsection (a). The sentence credit provided for in this | 21 | | paragraph shall be available only to those prisoners who have | 22 | | not earned a bachelor's degree prior to the current commitment | 23 | | to the Department of Corrections. If, after an award of the | 24 | | bachelor's degree sentence credit has been made, the | 25 | | Department determines that the prisoner was not eligible, then | 26 | | the award shall be revoked. The Department may also award 180 |
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| 1 | | days of sentence credit to any committed person who earned a | 2 | | bachelor's degree while he or she was held in pre-trial | 3 | | detention prior to the current commitment to the Department of | 4 | | Corrections. | 5 | | Except as provided in paragraph (4.7) of this subsection | 6 | | (a), the rules and regulations shall provide that an | 7 | | additional 180 days of sentence credit shall be awarded to any | 8 | | prisoner who obtains a master's or professional degree while | 9 | | the prisoner is committed to the Department of Corrections. | 10 | | The sentence credit awarded under this paragraph (4.1) shall | 11 | | be in addition to, and shall not affect, the award of sentence | 12 | | credit under any other paragraph of this Section, but shall | 13 | | also be under the guidelines and restrictions set forth in | 14 | | paragraph (4) of this subsection (a). The sentence credit | 15 | | provided for in this paragraph shall be available only to | 16 | | those prisoners who have not previously earned a master's or | 17 | | professional degree prior to the current commitment to the | 18 | | Department of Corrections. If, after an award of the master's | 19 | | or professional degree sentence credit has been made, the | 20 | | Department determines that the prisoner was not eligible, then | 21 | | the award shall be revoked. The Department may also award 180 | 22 | | days of sentence credit to any committed person who earned a | 23 | | master's or professional degree while he or she was held in | 24 | | pre-trial detention prior to the current commitment to the | 25 | | Department of Corrections. | 26 | | (4.5) The rules and regulations on sentence credit shall |
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| 1 | | also provide that
when the court's sentencing order recommends | 2 | | a prisoner for substance abuse treatment and the
crime was | 3 | | committed on or after September 1, 2003 (the effective date of
| 4 | | Public Act 93-354), the prisoner shall receive no sentence | 5 | | credit awarded under clause (3) of this subsection (a) unless | 6 | | he or she participates in and
completes a substance abuse | 7 | | treatment program. The Director may waive the requirement to | 8 | | participate in or complete a substance abuse treatment program | 9 | | in specific instances if the prisoner is not a good candidate | 10 | | for a substance abuse treatment program for medical, | 11 | | programming, or operational reasons. Availability of
substance | 12 | | abuse treatment shall be subject to the limits of fiscal | 13 | | resources
appropriated by the General Assembly for these | 14 | | purposes. If treatment is not
available and the requirement to | 15 | | participate and complete the treatment has not been waived by | 16 | | the Director, the prisoner shall be placed on a waiting list | 17 | | under criteria
established by the Department. The Director may | 18 | | allow a prisoner placed on
a waiting list to participate in and | 19 | | complete a substance abuse education class or attend substance
| 20 | | abuse self-help meetings in lieu of a substance abuse | 21 | | treatment program. A prisoner on a waiting list who is not | 22 | | placed in a substance abuse program prior to release may be | 23 | | eligible for a waiver and receive sentence credit under clause | 24 | | (3) of this subsection (a) at the discretion of the Director.
| 25 | | (4.6) The rules and regulations on sentence credit shall | 26 | | also provide that a prisoner who has been convicted of a sex |
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| 1 | | offense as defined in Section 2 of the Sex Offender | 2 | | Registration Act shall receive no sentence credit unless he or | 3 | | she either has successfully completed or is participating in | 4 | | sex offender treatment as defined by the Sex Offender | 5 | | Management Board. However, prisoners who are waiting to | 6 | | receive treatment, but who are unable to do so due solely to | 7 | | the lack of resources on the part of the Department, may, at | 8 | | the Director's sole discretion, be awarded sentence credit at | 9 | | a rate as the Director shall determine. | 10 | | (4.7) On or after January 1, 2018 ( the effective date of | 11 | | Public Act 100-3) this amendatory Act of the 100th General | 12 | | Assembly , sentence credit under paragraph (3), (4), or (4.1) | 13 | | of this subsection (a) may be awarded to a prisoner who is | 14 | | serving a sentence for an offense described in paragraph (2), | 15 | | (2.3), (2.4), (2.5), or (2.6) for credit earned on or after | 16 | | January 1, 2018 ( the effective date of Public Act 100-3) this | 17 | | amendatory Act of the 100th General Assembly ; provided, the | 18 | | award of the credits under this paragraph (4.7) shall not | 19 | | reduce the sentence of the prisoner to less than the following | 20 | | amounts: | 21 | | (i) 85% of his or her sentence if the prisoner is | 22 | | required to serve 85% of his or her sentence; or | 23 | | (ii) 60% of his or her sentence if the prisoner is | 24 | | required to serve 75% of his or her sentence, except if the | 25 | | prisoner is serving a sentence for gunrunning his or her | 26 | | sentence shall not be reduced to less than 75%. |
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| 1 | | (iii) 100% of his or her sentence if the prisoner is | 2 | | required to serve 100% of his or her sentence. | 3 | | (4.8) Notwithstanding any provision of law to the | 4 | | contrary, on or after the effective date of this amendatory | 5 | | Act of the 102nd General Assembly, sentence credit under | 6 | | paragraph (3), (4), or (4.1) of this subsection (a) may be | 7 | | awarded to a prisoner for credit earned prior to or after the | 8 | | effective date of this amendatory Act of the 102nd General | 9 | | Assembly; provided, the award of the credits under this | 10 | | paragraph (4.8) shall not reduce the sentence of the prisoner | 11 | | more than 5 years. A person serving a term of natural life | 12 | | imprisonment may not earn sentencing credit. | 13 | | (5) Whenever the Department is to release any inmate | 14 | | earlier than it
otherwise would because of a grant of earned | 15 | | sentence credit under paragraph (3) of subsection (a) of this | 16 | | Section given at any time during the term, the Department | 17 | | shall give
reasonable notice of the impending release not less | 18 | | than 14 days prior to the date of the release to the State's
| 19 | | Attorney of the county where the prosecution of the inmate | 20 | | took place, and if applicable, the State's Attorney of the | 21 | | county into which the inmate will be released. The Department | 22 | | must also make identification information and a recent photo | 23 | | of the inmate being released accessible on the Internet by | 24 | | means of a hyperlink labeled "Community Notification of Inmate | 25 | | Early Release" on the Department's World Wide Web homepage.
| 26 | | The identification information shall include the inmate's: |
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| 1 | | name, any known alias, date of birth, physical | 2 | | characteristics, commitment offense , and county where | 3 | | conviction was imposed. The identification information shall | 4 | | be placed on the website within 3 days of the inmate's release | 5 | | and the information may not be removed until either: | 6 | | completion of the first year of mandatory supervised release | 7 | | or return of the inmate to custody of the Department.
| 8 | | (b) Whenever a person is or has been committed under
| 9 | | several convictions, with separate sentences, the sentences
| 10 | | shall be construed under Section 5-8-4 in granting and
| 11 | | forfeiting of sentence credit.
| 12 | | (c) The Department shall prescribe rules and regulations
| 13 | | for revoking sentence credit, including revoking sentence | 14 | | credit awarded under paragraph (3) of subsection (a) of this | 15 | | Section. The Department shall prescribe rules and regulations | 16 | | for suspending or reducing
the rate of accumulation of | 17 | | sentence credit for specific
rule violations, during | 18 | | imprisonment. These rules and regulations
shall provide that | 19 | | no inmate may be penalized more than one
year of sentence | 20 | | credit for any one infraction.
| 21 | | When the Department seeks to revoke, suspend , or reduce
| 22 | | the rate of accumulation of any sentence credits for
an | 23 | | alleged infraction of its rules, it shall bring charges
| 24 | | therefor against the prisoner sought to be so deprived of
| 25 | | sentence credits before the Prisoner Review Board as
provided | 26 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
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| 1 | | amount of credit at issue exceeds 30 days or
when , during any | 2 | | 12-month 12 month period, the cumulative amount of
credit | 3 | | revoked exceeds 30 days except where the infraction is | 4 | | committed
or discovered within 60 days of scheduled release. | 5 | | In those cases,
the Department of Corrections may revoke up to | 6 | | 30 days of sentence credit.
The Board may subsequently approve | 7 | | the revocation of additional sentence credit, if the | 8 | | Department seeks to revoke sentence credit in
excess of 30 | 9 | | days. However, the Board shall not be empowered to review the
| 10 | | Department's decision with respect to the loss of 30 days of | 11 | | sentence
credit within any calendar year for any prisoner or | 12 | | to increase any penalty
beyond the length requested by the | 13 | | Department.
| 14 | | The Director of the Department of Corrections, in | 15 | | appropriate cases, may
restore up to 30 days of sentence | 16 | | credits which have been revoked, suspended ,
or reduced. Any | 17 | | restoration of sentence credits in excess of 30 days shall
be | 18 | | subject to review by the Prisoner Review Board. However, the | 19 | | Board may not
restore sentence credit in excess of the amount | 20 | | requested by the Director.
| 21 | | Nothing contained in this Section shall prohibit the | 22 | | Prisoner Review Board
from ordering, pursuant to Section | 23 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 24 | | sentence imposed by the court that was not served due to the
| 25 | | accumulation of sentence credit.
| 26 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
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| 1 | | federal court
against the State, the Department of | 2 | | Corrections, or the Prisoner Review Board,
or against any of
| 3 | | their officers or employees, and the court makes a specific | 4 | | finding that a
pleading, motion, or other paper filed by the | 5 | | prisoner is frivolous, the
Department of Corrections shall | 6 | | conduct a hearing to revoke up to
180 days of sentence credit | 7 | | by bringing charges against the prisoner
sought to be deprived | 8 | | of the sentence credits before the Prisoner Review
Board as | 9 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 10 | | If the prisoner has not accumulated 180 days of sentence | 11 | | credit at the
time of the finding, then the Prisoner Review | 12 | | Board may revoke all
sentence credit accumulated by the | 13 | | prisoner.
| 14 | | For purposes of this subsection (d):
| 15 | | (1) "Frivolous" means that a pleading, motion, or | 16 | | other filing which
purports to be a legal document filed | 17 | | by a prisoner in his or her lawsuit meets
any or all of the | 18 | | following criteria:
| 19 | | (A) it lacks an arguable basis either in law or in | 20 | | fact;
| 21 | | (B) it is being presented for any improper | 22 | | purpose, such as to harass or
to cause unnecessary | 23 | | delay or needless increase in the cost of litigation;
| 24 | | (C) the claims, defenses, and other legal | 25 | | contentions therein are not
warranted by existing law | 26 | | or by a nonfrivolous argument for the extension,
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| 1 | | modification, or reversal of existing law or the | 2 | | establishment of new law;
| 3 | | (D) the allegations and other factual contentions | 4 | | do not have
evidentiary
support or, if specifically so | 5 | | identified, are not likely to have evidentiary
support | 6 | | after a reasonable opportunity for further | 7 | | investigation or discovery;
or
| 8 | | (E) the denials of factual contentions are not | 9 | | warranted on the
evidence, or if specifically so | 10 | | identified, are not reasonably based on a lack
of | 11 | | information or belief.
| 12 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 13 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 14 | | action under
Article X of the Code of Civil Procedure or | 15 | | under federal law (28 U.S.C. 2254),
a petition for claim | 16 | | under the Court of Claims Act, an action under the
federal | 17 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 18 | | subsequent petition for post-conviction relief under | 19 | | Article 122 of the Code of Criminal Procedure of 1963 | 20 | | whether filed with or without leave of court or a second or | 21 | | subsequent petition for relief from judgment under Section | 22 | | 2-1401 of the Code of Civil Procedure.
| 23 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 24 | | validity of Public Act 89-404.
| 25 | | (f) Whenever the Department is to release any inmate who | 26 | | has been convicted of a violation of an order of protection |
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| 1 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012, earlier than it
otherwise would | 3 | | because of a grant of sentence credit, the Department, as a | 4 | | condition of release, shall require that the person, upon | 5 | | release, be placed under electronic surveillance as provided | 6 | | in Section 5-8A-7 of this Code. | 7 | | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | 8 | | 101-440, eff. 1-1-20; revised 8-19-20.)
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