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90_HB1046
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/20-2 from Ch. 38, par. 20-2
720 ILCS 5/26-1 from Ch. 38, par. 26-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Criminal Code of 1961. Provides that it is an
aggravating factor for which the death penalty may be imposed
that the murdered individual was killed as the result of the
explosion of a bomb or other explosive device or as a result
of the igniting of any incendiary device or flammable
substance. Changes the penalty for possession of explosives
or incendiary devices from a Class 2 to a Class 1 felony with
a sentence of at least 4 and no more than 30 years. Provides
that making a false alarm as to an explosive or bomb is a
Class 3 felony with a fine of not less than $3,000 and no
more than $10,000 in addition to other penalties. Amends the
Unified Code of Corrections. Provides that a prisoner
serving sentence for possession of explosives or explosive or
incendiary devices or aggravated arson shall receive no more
than 4.5 days of good conduct credit for each month of his or
her sentence of imprisonment.
LRB9002576RCksA
LRB9002576RCksA
1 AN ACT in relation to offenses committed with explosives,
2 incendiary devices, or flammable substances.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 9-1, 20-2, and 26-1 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or.
33 (16) the murdered individual was killed as the
34 result of the explosion of a bomb or other explosive
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1 device or as the result of the igniting of any incendiary
2 device or flammable substance.
3 (c) Consideration of factors in Aggravation and
4 Mitigation.
5 The court shall consider, or shall instruct the jury to
6 consider any aggravating and any mitigating factors which are
7 relevant to the imposition of the death penalty. Aggravating
8 factors may include but need not be limited to those factors
9 set forth in subsection (b). Mitigating factors may include
10 but need not be limited to the following:
11 (1) the defendant has no significant history of
12 prior criminal activity;
13 (2) the murder was committed while the defendant
14 was under the influence of extreme mental or emotional
15 disturbance, although not such as to constitute a defense
16 to prosecution;
17 (3) the murdered individual was a participant in
18 the defendant's homicidal conduct or consented to the
19 homicidal act;
20 (4) the defendant acted under the compulsion of
21 threat or menace of the imminent infliction of death or
22 great bodily harm;
23 (5) the defendant was not personally present during
24 commission of the act or acts causing death.
25 (d) Separate sentencing hearing.
26 Where requested by the State, the court shall conduct a
27 separate sentencing proceeding to determine the existence of
28 factors set forth in subsection (b) and to consider any
29 aggravating or mitigating factors as indicated in subsection
30 (c). The proceeding shall be conducted:
31 (1) before the jury that determined the defendant's
32 guilt; or
33 (2) before a jury impanelled for the purpose of the
34 proceeding if:
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1 A. the defendant was convicted upon a plea of
2 guilty; or
3 B. the defendant was convicted after a trial
4 before the court sitting without a jury; or
5 C. the court for good cause shown discharges
6 the jury that determined the defendant's guilt; or
7 (3) before the court alone if the defendant waives
8 a jury for the separate proceeding.
9 (e) Evidence and Argument.
10 During the proceeding any information relevant to any of
11 the factors set forth in subsection (b) may be presented by
12 either the State or the defendant under the rules governing
13 the admission of evidence at criminal trials. Any
14 information relevant to any additional aggravating factors or
15 any mitigating factors indicated in subsection (c) may be
16 presented by the State or defendant regardless of its
17 admissibility under the rules governing the admission of
18 evidence at criminal trials. The State and the defendant
19 shall be given fair opportunity to rebut any information
20 received at the hearing.
21 (f) Proof.
22 The burden of proof of establishing the existence of any
23 of the factors set forth in subsection (b) is on the State
24 and shall not be satisfied unless established beyond a
25 reasonable doubt.
26 (g) Procedure - Jury.
27 If at the separate sentencing proceeding the jury finds
28 that none of the factors set forth in subsection (b) exists,
29 the court shall sentence the defendant to a term of
30 imprisonment under Chapter V of the Unified Code of
31 Corrections. If there is a unanimous finding by the jury
32 that one or more of the factors set forth in subsection (b)
33 exist, the jury shall consider aggravating and mitigating
34 factors as instructed by the court and shall determine
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1 whether the sentence of death shall be imposed. If the jury
2 determines unanimously that there are no mitigating factors
3 sufficient to preclude the imposition of the death sentence,
4 the court shall sentence the defendant to death.
5 Unless the jury unanimously finds that there are no
6 mitigating factors sufficient to preclude the imposition of
7 the death sentence the court shall sentence the defendant to
8 a term of imprisonment under Chapter V of the Unified Code of
9 Corrections.
10 (h) Procedure - No Jury.
11 In a proceeding before the court alone, if the court
12 finds that none of the factors found in subsection (b)
13 exists, the court shall sentence the defendant to a term of
14 imprisonment under Chapter V of the Unified Code of
15 Corrections.
16 If the Court determines that one or more of the factors
17 set forth in subsection (b) exists, the Court shall consider
18 any aggravating and mitigating factors as indicated in
19 subsection (c). If the Court determines that there are no
20 mitigating factors sufficient to preclude the imposition of
21 the death sentence, the Court shall sentence the defendant to
22 death.
23 Unless the court finds that there are no mitigating
24 factors sufficient to preclude the imposition of the sentence
25 of death, the court shall sentence the defendant to a term of
26 imprisonment under Chapter V of the Unified Code of
27 Corrections.
28 (i) Appellate Procedure.
29 The conviction and sentence of death shall be subject to
30 automatic review by the Supreme Court. Such review shall be
31 in accordance with rules promulgated by the Supreme Court.
32 (j) Disposition of reversed death sentence.
33 In the event that the death penalty in this Act is held
34 to be unconstitutional by the Supreme Court of the United
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1 States or of the State of Illinois, any person convicted of
2 first degree murder shall be sentenced by the court to a term
3 of imprisonment under Chapter V of the Unified Code of
4 Corrections.
5 In the event that any death sentence pursuant to the
6 sentencing provisions of this Section is declared
7 unconstitutional by the Supreme Court of the United States or
8 of the State of Illinois, the court having jurisdiction over
9 a person previously sentenced to death shall cause the
10 defendant to be brought before the court, and the court shall
11 sentence the defendant to a term of imprisonment under
12 Chapter V of the Unified Code of Corrections.
13 (Source: P.A. 88-176; 88-433; 88-670, eff. 12-2-94; 88-677,
14 eff. 12-15-94; 88-678, eff. 7-1-95; 89-235, eff. 8-4-95;
15 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
16 6-27-96.)
17 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
18 Sec. 20-2. Possession of explosives or explosive or
19 incendiary devices. (a) A person commits the offense of
20 possession of explosives or explosive or incendiary devices
21 in violation of this Section when he possesses, manufactures
22 or transports any explosive compound, timing or detonating
23 device for use with any explosive compound or incendiary
24 device and either intends to use such explosive or device to
25 commit any offense or knows that another intends to use such
26 explosive or device to commit a felony.
27 (b) Sentence.
28 Possession of explosives or explosive or incendiary
29 devices in violation of this Section is a Class 1 2 felony
30 for which a person, if sentenced to a term of imprisonment,
31 shall be sentenced to not less than 4 years and not more than
32 30 years.
33 (Source: P.A. 84-1308.)
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1 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
2 Sec. 26-1. Elements of the Offense.
3 (a) A person commits disorderly conduct when he
4 knowingly:
5 (1) Does any act in such unreasonable manner as to
6 alarm or disturb another and to provoke a breach of the
7 peace; or
8 (2) Transmits in any manner to the fire department
9 of any city, town, village or fire protection district a
10 false alarm of fire, knowing at the time of such
11 transmission that there is no reasonable ground for
12 believing that such fire exists; or
13 (3) Transmits in any manner to another a false
14 alarm to the effect that a bomb or other explosive of any
15 nature is concealed in such place that its explosion
16 would endanger human life, knowing at the time of such
17 transmission that there is no reasonable ground for
18 believing that such bomb or explosive is concealed in
19 such place; or
20 (4) Transmits in any manner to any peace officer,
21 public officer or public employee a report to the effect
22 that an offense has been committed, knowing at the time
23 of such transmission that there is no reasonable ground
24 for believing that such an offense has been committed; or
25 (5) Enters upon the property of another and for a
26 lewd or unlawful purpose deliberately looks into a
27 dwelling on the property through any window or other
28 opening in it; or
29 (6) While acting as a collection agency as defined
30 in the "Collection Agency Act" or as an employee of such
31 collection agency, and while attempting to collect an
32 alleged debt, makes a telephone call to the alleged
33 debtor which is designed to harass, annoy or intimidate
34 the alleged debtor; or
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1 (7) Transmits a false report to the Department of
2 Children and Family Services under Section 4 of the
3 "Abused and Neglected Child Reporting Act"; or
4 (8) Transmits a false report to the Department of
5 Public Health under the Nursing Home Care Act; or
6 (9) Transmits in any manner to the police
7 department or fire department of any municipality or fire
8 protection district, or any privately owned and operated
9 ambulance service, a false request for an ambulance,
10 emergency medical technician-ambulance or emergency
11 medical technician-paramedic knowing at the time there is
12 no reasonable ground for believing that such assistance
13 is required; or
14 (10) Transmits a false report under Article II of
15 "An Act in relation to victims of violence and abuse",
16 approved September 16, 1984, as amended.
17 (b) Sentence.
18 A violation of subsection (a) (1) of this Section is a
19 Class C misdemeanor. A violation of subsection (a) (7) or (a)
20 (9) of this Section is a Class A misdemeanor. A violation of
21 subsection (a) (4), (a) (5), (a) (8) or (a) (10) of this
22 Section is a Class B misdemeanor. A violation of subsection
23 (a) (2) or (a) (3) of this Section is a Class 4 felony. A
24 violation of subsection (a)(3) of this Section is a Class 3
25 felony, for which a fine of not less than $3,000 and no more
26 than $10,000 shall be assessed in addition to any other
27 penalty imposed.
28 A violation of subsection (a) (6) of this Section is a
29 Business Offense and shall be punished by a fine not to
30 exceed $3,000. A second or subsequent violation of (a) (7) of
31 this Section is a Class 4 felony.
32 (c) In addition to any other sentence that may be
33 imposed, a court shall order any person convicted of
34 disorderly conduct to perform community service for not less
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1 than 30 and not more than 120 hours, if community service is
2 available in the jurisdiction and is funded and approved by
3 the county board of the county where the offense was
4 committed. In addition, whenever any person is placed on
5 supervision for an alleged offense under this Section, the
6 supervision shall be conditioned upon the performance of the
7 community service.
8 This subsection does not apply when the court imposes a
9 sentence of incarceration.
10 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
11 Section 10. The Unified Code of Corrections is amended
12 by changing Section 3-6-3 as follows:
13 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
14 Sec. 3-6-3. Rules and Regulations for Early Release.
15 (a)(1) The Department of Corrections shall prescribe
16 rules and regulations for the early release on account of
17 good conduct of persons committed to the Department which
18 shall be subject to review by the Prisoner Review Board.
19 (2) The rules and regulations on early release
20 shall provide, with respect to offenses committed on or
21 after the effective date of this amendatory Act of 1995,
22 the following:
23 (i) that a prisoner who is serving a term of
24 imprisonment for first degree murder shall receive
25 no good conduct credit and shall serve the entire
26 sentence imposed by the court;
27 (ii) that a prisoner serving a sentence for
28 attempt to commit first degree murder, solicitation
29 of murder, solicitation of murder for hire,
30 intentional homicide of an unborn child, predatory
31 criminal sexual assault of a child, aggravated
32 criminal sexual assault, criminal sexual assault,
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1 aggravated kidnapping, aggravated battery with a
2 firearm, heinous battery, aggravated battery of a
3 senior citizen, or aggravated battery of a child
4 shall receive no more than 4.5 days of good conduct
5 credit for each month of his or her sentence of
6 imprisonment; and
7 (iii) that a prisoner serving a sentence for
8 home invasion, armed robbery, aggravated vehicular
9 hijacking, aggravated discharge of a firearm, or
10 armed violence with a category I weapon or category
11 II weapon, when the court has made and entered a
12 finding, pursuant to subsection (c-1) of Section
13 5-4-1 of this Code, that the conduct leading to
14 conviction for the enumerated offense resulted in
15 great bodily harm to a victim, shall receive no more
16 than 4.5 days of good conduct credit for each month
17 of his or her sentence of imprisonment.
18 (2.1) For all offenses, other than those enumerated
19 in subdivision (a)(2) committed on or after the effective
20 date of this amendatory Act of 1995, the rules and
21 regulations shall provide that a prisoner who is serving
22 a term of imprisonment shall receive one day of good
23 conduct credit for each day of his or her sentence of
24 imprisonment or recommitment under Section 3-3-9. Each
25 day of good conduct credit shall reduce by one day the
26 prisoner's period of imprisonment or recommitment under
27 Section 3-3-9.
28 (2.2) A prisoner serving a term of natural life
29 imprisonment or a prisoner who has been sentenced to
30 death shall receive no good conduct credit.
31 (2.3) The rules and regulations on early release
32 shall provide with respect to the offenses of possession
33 of explosives or explosive or incendiary devices or
34 aggravated arson, committed on or after the effective
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1 date of this amendatory Act of 1997, that a prisoner
2 serving a sentence for any of these offenses shall
3 receive no more than 4.5 days of good conduct credit for
4 each month of his or her sentence of imprisonment.
5 (3) The rules and regulations shall also provide
6 that the Director may award up to 180 days additional
7 good conduct credit for meritorious service in specific
8 instances as the Director deems proper; except that no
9 more than 90 days of good conduct credit for meritorious
10 service shall be awarded to any prisoner who is serving a
11 sentence for conviction of first degree murder, reckless
12 homicide while under the influence of alcohol or any
13 other drug, aggravated kidnapping, kidnapping, predatory
14 criminal sexual assault of a child, aggravated criminal
15 sexual assault, criminal sexual assault, deviate sexual
16 assault, aggravated criminal sexual abuse, aggravated
17 indecent liberties with a child, indecent liberties with
18 a child, child pornography, heinous battery, aggravated
19 battery of a spouse, aggravated battery of a spouse with
20 a firearm, stalking, aggravated stalking, aggravated
21 battery of a child, endangering the life or health of a
22 child, cruelty to a child, or narcotic racketeering.
23 Notwithstanding the foregoing, good conduct credit for
24 meritorious service shall not be awarded on a sentence of
25 imprisonment imposed for conviction of one of the
26 offenses enumerated in subdivision (a)(2) when the
27 offense is committed on or after the effective date of
28 this amendatory Act of 1995 or for conviction of one of
29 the offenses enumerated in subdivision (a)(2.3) when the
30 offense is committed on or after the effective date of
31 this amendatory Act of 1997.
32 (4) The rules and regulations shall also provide
33 that the good conduct credit accumulated and retained
34 under paragraph (2.1) of subsection (a) of this Section
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1 by any inmate during specific periods of time in which
2 such inmate is engaged full-time in substance abuse
3 programs, correctional industry assignments, or
4 educational programs provided by the Department under
5 this paragraph (4) and satisfactorily completes the
6 assigned program as determined by the standards of the
7 Department, shall be multiplied by a factor of 1.25 for
8 program participation before the effective date of this
9 amendatory Act of 1993 and 1.50 for program participation
10 on or after that date. However, no inmate shall be
11 eligible for the additional good conduct credit under
12 this paragraph (4) while assigned to a boot camp, mental
13 health unit, or electronic detention, or if convicted of
14 an offense enumerated in paragraph (a)(2) of this Section
15 that is committed on or after the effective date of this
16 amendatory Act of 1995, or if convicted of an offense
17 enumerated in paragraph (a)(2.3) of this Section that is
18 committed on or after the effective date of this
19 amendatory Act of 1997, or first degree murder, a Class X
20 felony, criminal sexual assault, felony criminal sexual
21 abuse, aggravated criminal sexual abuse, aggravated
22 battery with a firearm, or any predecessor or successor
23 offenses with the same or substantially the same
24 elements, or any inchoate offenses relating to the
25 foregoing offenses. No inmate shall be eligible for the
26 additional good conduct credit under this paragraph (4)
27 who (i) has previously received increased good conduct
28 credit under this paragraph (4) and has subsequently been
29 convicted of a felony, or (ii) has previously served more
30 than one prior sentence of imprisonment for a felony in
31 an adult correctional facility.
32 Educational, vocational, substance abuse and
33 correctional industry programs under which good conduct
34 credit may be increased under this paragraph (4) shall be
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1 evaluated by the Department on the basis of documented
2 standards. The Department shall report the results of
3 these evaluations to the Governor and the General
4 Assembly by September 30th of each year. The reports
5 shall include data relating to the recidivism rate among
6 program participants.
7 Availability of these programs shall be subject to
8 the limits of fiscal resources appropriated by the
9 General Assembly for these purposes. Eligible inmates
10 who are denied immediate admission shall be placed on a
11 waiting list under criteria established by the
12 Department. The inability of any inmate to become engaged
13 in any such programs by reason of insufficient program
14 resources or for any other reason established under the
15 rules and regulations of the Department shall not be
16 deemed a cause of action under which the Department or
17 any employee or agent of the Department shall be liable
18 for damages to the inmate.
19 (5) Whenever the Department is to release any
20 inmate earlier than it otherwise would because of a grant
21 of good conduct credit for meritorious service given at
22 any time during the term, the Department shall give
23 reasonable advance notice of the impending release to the
24 State's Attorney of the county where the prosecution of
25 the inmate took place.
26 (b) Whenever a person is or has been committed under
27 several convictions, with separate sentences, the sentences
28 shall be construed under Section 5-8-4 in granting and
29 forfeiting of good time.
30 (c) The Department shall prescribe rules and regulations
31 for revoking good conduct credit, or suspending or reducing
32 the rate of accumulation of good conduct credit for specific
33 rule violations, during imprisonment. These rules and
34 regulations shall provide that no inmate may be penalized
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1 more than one year of good conduct credit for any one
2 infraction.
3 When the Department seeks to revoke, suspend or reduce
4 the rate of accumulation of any good conduct credits for an
5 alleged infraction of its rules, it shall bring charges
6 therefor against the prisoner sought to be so deprived of
7 good conduct credits before the Prisoner Review Board as
8 provided in subparagraph (a)(4) of Section 3-3-2 of this
9 Code, if the amount of credit at issue exceeds 30 days or
10 when during any 12 month period, the cumulative amount of
11 credit revoked exceeds 30 days except where the infraction is
12 committed or discovered within 60 days of scheduled release.
13 In those cases, the Department of Corrections may revoke up
14 to 30 days of good conduct credit. The Board may subsequently
15 approve the revocation of additional good conduct credit, if
16 the Department seeks to revoke good conduct credit in excess
17 of 30 days. However, the Board shall not be empowered to
18 review the Department's decision with respect to the loss of
19 30 days of good conduct credit within any calendar year for
20 any prisoner or to increase any penalty beyond the length
21 requested by the Department.
22 The Director of the Department of Corrections, in
23 appropriate cases, may restore up to 30 days good conduct
24 credits which have been revoked, suspended or reduced. Any
25 restoration of good conduct credits in excess of 30 days
26 shall be subject to review by the Prisoner Review Board.
27 However, the Board may not restore good conduct credit in
28 excess of the amount requested by the Director.
29 Nothing contained in this Section shall prohibit the
30 Prisoner Review Board from ordering, pursuant to Section
31 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
32 the sentence imposed by the court that was not served due to
33 the accumulation of good conduct credit.
34 (d) If a lawsuit is filed by a prisoner in an Illinois
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1 or 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 good conduct
7 credit by bringing charges against the prisoner sought to be
8 deprived of the good conduct credits before the Prisoner
9 Review Board as provided in subparagraph (a)(8) of Section
10 3-3-2 of this Code. If the prisoner has not accumulated 180
11 days of good conduct credit at the time of the finding, then
12 the Prisoner Review Board may revoke all good conduct credit
13 accumulated by the prisoner.
14 For purposes of this subsection (d):
15 (1) "Frivolous" means that a pleading, motion, or
16 other paper filed by a prisoner in his or her lawsuit
17 does not meet the following criteria:
18 (A) it is not being presented for any improper
19 purpose, such as to harass or to cause unnecessary
20 delay or needless increase in the cost of
21 litigation;
22 (B) the claims, defenses, and other legal
23 contentions therein are warranted by existing law or
24 by a nonfrivolous argument for the extension,
25 modification, or reversal of existing law or the
26 establishment of new law;
27 (C) the allegations and other factual
28 contentions have evidentiary support or, if
29 specifically so identified, are likely to have
30 evidentiary support after a reasonable opportunity
31 for further investigation or discovery; and
32 (D) the denials of factual contentions are
33 warranted on the evidence or, if specifically so
34 identified, are reasonably based on a lack of
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1 information or belief.
2 (2) "Lawsuit" means a petition for post conviction
3 relief under Article 122 of the Code of Criminal
4 Procedure of 1963, a habeas corpus action under Article X
5 of the Code of Civil Procedure or under federal law (28
6 U.S.C. 2254), a petition for claim under the Court of
7 Claims Act or an action under the federal Civil Rights
8 Act (42 U.S.C. 1983).
9 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
10 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
11 89-656, eff. 1-1-97.)