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90_HB2899eng
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Provides that a
person serving sentence for reckless homicide committed on or
after the effective date of this amendatory Act shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.1) For all offenses, other than those enumerated
14 in subdivision (a)(2) committed on or after the effective
15 date of this amendatory Act of 1995, and other than the
16 offense of reckless homicide committed on or after the
17 effective date of this amendatory Act of 1998, the rules
18 and regulations shall provide that a prisoner who is
19 serving a term of imprisonment shall receive one day of
20 good conduct credit for each day of his or her sentence
21 of imprisonment or recommitment under Section 3-3-9. Each
22 day of good conduct credit shall reduce by one day the
23 prisoner's period of imprisonment or recommitment under
24 Section 3-3-9.
25 (2.2) A prisoner serving a term of natural life
26 imprisonment or a prisoner who has been sentenced to
27 death shall receive no good conduct credit.
28 (2.3) The rules and regulations on early release
29 shall provide that a prisoner who is serving sentence for
30 reckless homicide committed on or after the effective
31 date of this amendatory Act of 1998 shall receive no more
32 than 4.5 days of good conduct credit for each month of
33 his or her sentence of imprisonment.
34 (3) The rules and regulations shall also provide
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1 that the Director may award up to 180 days additional
2 good conduct credit for meritorious service in specific
3 instances as the Director deems proper; except that no
4 more than 90 days of good conduct credit for meritorious
5 service shall be awarded to any prisoner who is serving a
6 sentence for conviction of first degree murder, reckless
7 homicide while under the influence of alcohol or any
8 other drug committed before the effective date of this
9 amendatory Act of 1998, aggravated kidnapping,
10 kidnapping, predatory criminal sexual assault of a child,
11 aggravated criminal sexual assault, criminal sexual
12 assault, deviate sexual assault, aggravated criminal
13 sexual abuse, aggravated indecent liberties with a child,
14 indecent liberties with a child, child pornography,
15 heinous battery, aggravated battery of a spouse,
16 aggravated battery of a spouse with a firearm, stalking,
17 aggravated stalking, aggravated battery of a child,
18 endangering the life or health of a child, cruelty to a
19 child, or narcotic racketeering. Notwithstanding the
20 foregoing, good conduct credit for meritorious service
21 shall not be awarded on a sentence of imprisonment
22 imposed for conviction of: (i) one of the offenses
23 enumerated in subdivision (a)(2) when the offense is
24 committed on or after the effective date of this
25 amendatory Act of 1995 or (ii) reckless homicide when the
26 offense is committed on or after the effective date of
27 this amendatory Act of 1998.
28 (4) The rules and regulations shall also provide
29 that the good conduct credit accumulated and retained
30 under paragraph (2.1) of subsection (a) of this Section
31 by any inmate during specific periods of time in which
32 such inmate is engaged full-time in substance abuse
33 programs, correctional industry assignments, or
34 educational programs provided by the Department under
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1 this paragraph (4) and satisfactorily completes the
2 assigned program as determined by the standards of the
3 Department, shall be multiplied by a factor of 1.25 for
4 program participation before the effective date of this
5 amendatory Act of 1993 and 1.50 for program participation
6 on or after that date. However, no inmate shall be
7 eligible for the additional good conduct credit under
8 this paragraph (4) while assigned to a boot camp, mental
9 health unit, or electronic detention, or if convicted of
10 an offense enumerated in paragraph (a)(2) of this Section
11 that is committed on or after the effective date of this
12 amendatory Act of 1995, or if convicted of reckless
13 homicide if the offense is committed on or after the
14 effective date of this amendatory Act of 1998, or first
15 degree murder, a Class X felony, criminal sexual assault,
16 felony criminal sexual abuse, aggravated criminal sexual
17 abuse, aggravated battery with a firearm, or any
18 predecessor or successor offenses with the same or
19 substantially the same elements, or any inchoate offenses
20 relating to the foregoing offenses. No inmate shall be
21 eligible for the additional good conduct credit under
22 this paragraph (4) who (i) has previously received
23 increased good conduct credit under this paragraph (4)
24 and has subsequently been convicted of a felony, or (ii)
25 has previously served more than one prior sentence of
26 imprisonment for a felony in an adult correctional
27 facility.
28 Educational, vocational, substance abuse and
29 correctional industry programs under which good conduct
30 credit may be increased under this paragraph (4) shall be
31 evaluated by the Department on the basis of documented
32 standards. The Department shall report the results of
33 these evaluations to the Governor and the General
34 Assembly by September 30th of each year. The reports
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1 shall include data relating to the recidivism rate among
2 program participants.
3 Availability of these programs shall be subject to
4 the limits of fiscal resources appropriated by the
5 General Assembly for these purposes. Eligible inmates
6 who are denied immediate admission shall be placed on a
7 waiting list under criteria established by the
8 Department. The inability of any inmate to become engaged
9 in any such programs by reason of insufficient program
10 resources or for any other reason established under the
11 rules and regulations of the Department shall not be
12 deemed a cause of action under which the Department or
13 any employee or agent of the Department shall be liable
14 for damages to the inmate.
15 (5) Whenever the Department is to release any
16 inmate earlier than it otherwise would because of a grant
17 of good conduct credit for meritorious service given at
18 any time during the term, the Department shall give
19 reasonable advance notice of the impending release to the
20 State's Attorney of the county where the prosecution of
21 the inmate took place.
22 (b) Whenever a person is or has been committed under
23 several convictions, with separate sentences, the sentences
24 shall be construed under Section 5-8-4 in granting and
25 forfeiting of good time.
26 (c) The Department shall prescribe rules and regulations
27 for revoking good conduct credit, or suspending or reducing
28 the rate of accumulation of good conduct credit for specific
29 rule violations, during imprisonment. These rules and
30 regulations shall provide that no inmate may be penalized
31 more than one year of good conduct credit for any one
32 infraction.
33 When the Department seeks to revoke, suspend or reduce
34 the rate of accumulation of any good conduct credits for an
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1 alleged infraction of its rules, it shall bring charges
2 therefor against the prisoner sought to be so deprived of
3 good conduct credits before the Prisoner Review Board as
4 provided in subparagraph (a)(4) of Section 3-3-2 of this
5 Code, if the amount of credit at issue exceeds 30 days or
6 when during any 12 month period, the cumulative amount of
7 credit revoked exceeds 30 days except where the infraction is
8 committed or discovered within 60 days of scheduled release.
9 In those cases, the Department of Corrections may revoke up
10 to 30 days of good conduct credit. The Board may subsequently
11 approve the revocation of additional good conduct credit, if
12 the Department seeks to revoke good conduct credit in excess
13 of 30 days. However, the Board shall not be empowered to
14 review the Department's decision with respect to the loss of
15 30 days of good conduct credit within any calendar year for
16 any prisoner or to increase any penalty beyond the length
17 requested by the 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
22 shall be subject to review by the Prisoner Review Board.
23 However, the Board may not restore good conduct credit in
24 excess of the amount requested by the Director.
25 Nothing contained in this Section shall prohibit the
26 Prisoner Review Board from ordering, pursuant to Section
27 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
28 the sentence imposed by the court that was not served due to
29 the accumulation of good conduct credit.
30 (d) If a lawsuit is filed by a prisoner in an Illinois
31 or federal court against the State, the Department of
32 Corrections, or the Prisoner Review Board, or against any of
33 their officers or employees, and the court makes a specific
34 finding that a pleading, motion, or other paper filed by the
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1 prisoner is frivolous, the Department of Corrections shall
2 conduct a hearing to revoke up to 180 days of good conduct
3 credit by bringing charges against the prisoner sought to be
4 deprived of the good conduct credits before the Prisoner
5 Review Board as provided in subparagraph (a)(8) of Section
6 3-3-2 of this Code. If the prisoner has not accumulated 180
7 days of good conduct credit at the time of the finding, then
8 the Prisoner Review Board may revoke all good conduct credit
9 accumulated by the prisoner.
10 For purposes of this subsection (d):
11 (1) "Frivolous" means that a pleading, motion, or
12 other filing which purports to be a legal document filed
13 by a prisoner in his or her lawsuit meets any or all of
14 the following criteria:
15 (A) it lacks an arguable basis either in law
16 or in fact;
17 (B) it is being presented for any improper
18 purpose, such as to harass or to cause unnecessary
19 delay or needless increase in the cost of
20 litigation;
21 (C) the claims, defenses, and other legal
22 contentions therein are not warranted by existing
23 law or by a nonfrivolous argument for the extension,
24 modification, or reversal of existing law or the
25 establishment of new law;
26 (D) the allegations and other factual
27 contentions do not have evidentiary support or, if
28 specifically so identified, are not likely to have
29 evidentiary support after a reasonable opportunity
30 for further investigation or discovery; or
31 (E) the denials of factual contentions are not
32 warranted on the evidence, or if specifically so
33 identified, are not reasonably based on a lack of
34 information or belief.
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1 (2) "Lawsuit" means a petition for post conviction
2 relief under Article 122 of the Code of Criminal
3 Procedure of 1963, a motion pursuant to Section 116-3 of
4 the Code of Criminal Procedure of 1963, a habeas corpus
5 action under Article X of the Code of Civil Procedure or
6 under federal law (28 U.S.C. 2254), a petition for claim
7 under the Court of Claims Act or an action under the
8 federal Civil Rights Act (42 U.S.C. 1983).
9 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
10 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
11 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
12 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
13 Sec. 5-4-1. Sentencing Hearing.
14 (a) Except when the death penalty is sought under
15 hearing procedures otherwise specified, after a determination
16 of guilt, a hearing shall be held to impose the sentence.
17 However, prior to the imposition of sentence on an individual
18 being sentenced for an offense based upon a charge for a
19 violation of Section 11-501 of the Illinois Vehicle Code or a
20 similar provision of a local ordinance, the individual must
21 undergo a professional evaluation to determine if an alcohol
22 or other drug abuse problem exists and the extent of such a
23 problem. Programs conducting these evaluations shall be
24 licensed by the Department of Human Services. However, if
25 the individual is not a resident of Illinois, the court may,
26 in its discretion, accept an evaluation from a program in the
27 state of such individual's residence. The court may in its
28 sentencing order approve an eligible defendant for placement
29 in a Department of Corrections impact incarceration program
30 as provided in Section 5-8-1.1. At the hearing the court
31 shall:
32 (1) consider the evidence, if any, received upon
33 the trial;
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1 (2) consider any presentence reports;
2 (3) consider the financial impact of incarceration
3 based on the financial impact statement filed with the
4 clerk of the court by the Department of Corrections;
5 (4) consider evidence and information offered by
6 the parties in aggravation and mitigation;
7 (5) hear arguments as to sentencing alternatives;
8 (6) afford the defendant the opportunity to make a
9 statement in his own behalf;
10 (7) afford the victim of a violent crime or a
11 violation of Section 11-501 of the Illinois Vehicle Code,
12 or a similar provision of a local ordinance, committed by
13 the defendant the opportunity to make a statement
14 concerning the impact on the victim and to offer evidence
15 in aggravation or mitigation; provided that the statement
16 and evidence offered in aggravation or mitigation must
17 first be prepared in writing in conjunction with the
18 State's Attorney before it may be presented orally at the
19 hearing. Any sworn testimony offered by the victim is
20 subject to the defendant's right to cross-examine. All
21 statements and evidence offered under this paragraph (7)
22 shall become part of the record of the court; and
23 (8) in cases of reckless homicide afford the
24 victim's spouse, guardians, parents or other immediate
25 family members an opportunity to make oral statements.
26 (b) All sentences shall be imposed by the judge based
27 upon his independent assessment of the elements specified
28 above and any agreement as to sentence reached by the
29 parties. The judge who presided at the trial or the judge
30 who accepted the plea of guilty shall impose the sentence
31 unless he is no longer sitting as a judge in that court.
32 Where the judge does not impose sentence at the same time on
33 all defendants who are convicted as a result of being
34 involved in the same offense, the defendant or the State's
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1 attorney may advise the sentencing court of the disposition
2 of any other defendants who have been sentenced.
3 (c) In imposing a sentence for a violent crime or for an
4 offense of operating or being in physical control of a
5 vehicle while under the influence of alcohol, any other drug
6 or any combination thereof, or a similar provision of a local
7 ordinance, when such offense resulted in the personal injury
8 to someone other than the defendant, the trial judge shall
9 specify on the record the particular evidence, information,
10 factors in mitigation and aggravation or other reasons that
11 led to his sentencing determination. The full verbatim record
12 of the sentencing hearing shall be filed with the clerk of
13 the court and shall be a public record.
14 (c-1) In imposing a sentence for the offense of
15 aggravated kidnapping for ransom, home invasion, armed
16 robbery, aggravated vehicular hijacking, aggravated discharge
17 of a firearm, or armed violence with a category I weapon or
18 category II weapon, the trial judge shall make a finding as
19 to whether the conduct leading to conviction for the offense
20 resulted in great bodily harm to a victim, and shall enter
21 that finding and the basis for that finding in the record.
22 (c-2) If the defendant is sentenced to prison, other
23 than when a sentence of natural life imprisonment or a
24 sentence of death is imposed, at the time the sentence is
25 imposed the judge shall state on the record in open court the
26 approximate period of time the defendant will serve in
27 custody according to the then current statutory rules and
28 regulations for early release found in Section 3-6-3 and
29 other related provisions of this Code. This statement is
30 intended solely to inform the public, has no legal effect on
31 the defendant's actual release, and may not be relied on by
32 the defendant on appeal.
33 The judge's statement, to be given after pronouncing the
34 sentence, other than when the sentence is imposed for one of
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1 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
2 shall include the following:
3 "The purpose of this statement is to inform the public of
4 the actual period of time this defendant is likely to spend
5 in prison as a result of this sentence. The actual period of
6 prison time served is determined by the statutes of Illinois
7 as applied to this sentence by the Illinois Department of
8 Corrections and the Illinois Prisoner Review Board. In this
9 case, assuming the defendant receives all of his or her good
10 conduct credit, the period of estimated actual custody is ...
11 years and ... months, less up to 180 days additional good
12 conduct credit for meritorious service. If the defendant,
13 because of his or her own misconduct or failure to comply
14 with the institutional regulations, does not receive those
15 credits, the actual time served in prison will be longer.
16 The defendant may also receive an additional one-half day
17 good conduct credit for each day of participation in
18 vocational, industry, substance abuse, and educational
19 programs as provided for by Illinois statute."
20 When the sentence is imposed for one of the offenses
21 enumerated in paragraph (a)(3) of Section 3-6-3, other than
22 when the sentence is imposed for one of the offenses
23 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
24 or after the effective date of this amendatory Act of 1995,
25 and other than when the sentence is imposed for reckless
26 homicide if the offense was committed on or after the
27 effective date of this amendatory Act of 1998, the judge's
28 statement, to be given after pronouncing the sentence, shall
29 include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, assuming the defendant receives all of his or her good
3 conduct credit, the period of estimated actual custody is ...
4 years and ... months, less up to 90 days additional good
5 conduct credit for meritorious service. If the defendant,
6 because of his or her own misconduct or failure to comply
7 with the institutional regulations, does not receive those
8 credits, the actual time served in prison will be longer.
9 The defendant may also receive an additional one-half day
10 good conduct credit for each day of participation in
11 vocational, industry, substance abuse, and educational
12 programs as provided for by Illinois statute."
13 When the sentence is imposed for one of the offenses
14 enumerated in paragraph (a)(2) of Section 3-6-3, other than
15 first degree murder, and the offense was committed on or
16 after the effective date of this amendatory Act of 1995, and
17 when the sentence is imposed for reckless homicide if the
18 offense was committed on or after the effective date of this
19 amendatory Act of 1998, the judge's statement, to be given
20 after pronouncing the sentence, shall include the following:
21 "The purpose of this statement is to inform the public of
22 the actual period of time this defendant is likely to spend
23 in prison as a result of this sentence. The actual period of
24 prison time served is determined by the statutes of Illinois
25 as applied to this sentence by the Illinois Department of
26 Corrections and the Illinois Prisoner Review Board. In this
27 case, the defendant is entitled to no more than 4 1/2 days of
28 good conduct credit for each month of his or her sentence of
29 imprisonment. Therefore, this defendant will serve at least
30 85% of his or her sentence. Assuming the defendant receives
31 4 1/2 days credit for each month of his or her sentence, the
32 period of estimated actual custody is ... years and ...
33 months. If the defendant, because of his or her own
34 misconduct or failure to comply with the institutional
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1 regulations receives lesser credit, the actual time served in
2 prison will be longer."
3 When a sentence of imprisonment is imposed for first
4 degree murder and the offense was committed on or after the
5 effective date of this amendatory Act of 1995, the judge's
6 statement, to be given after pronouncing the sentence, shall
7 include the following:
8 "The purpose of this statement is to inform the public of
9 the actual period of time this defendant is likely to spend
10 in prison as a result of this sentence. The actual period of
11 prison time served is determined by the statutes of Illinois
12 as applied to this sentence by the Illinois Department of
13 Corrections and the Illinois Prisoner Review Board. In this
14 case, the defendant is not entitled to good conduct credit.
15 Therefore, this defendant will serve 100% of his or her
16 sentence."
17 (d) When the defendant is committed to the Department of
18 Corrections, the State's Attorney shall and counsel for the
19 defendant may file a statement with the clerk of the court to
20 be transmitted to the department, agency or institution to
21 which the defendant is committed to furnish such department,
22 agency or institution with the facts and circumstances of the
23 offense for which the person was committed together with all
24 other factual information accessible to them in regard to the
25 person prior to his commitment relative to his habits,
26 associates, disposition and reputation and any other facts
27 and circumstances which may aid such department, agency or
28 institution during its custody of such person. The clerk
29 shall within 10 days after receiving any such statements
30 transmit a copy to such department, agency or institution and
31 a copy to the other party, provided, however, that this shall
32 not be cause for delay in conveying the person to the
33 department, agency or institution to which he has been
34 committed.
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1 (e) The clerk of the court shall transmit to the
2 department, agency or institution, if any, to which the
3 defendant is committed, the following:
4 (1) the sentence imposed;
5 (2) any statement by the court of the basis for
6 imposing the sentence;
7 (3) any presentence reports;
8 (4) the number of days, if any, which the defendant
9 has been in custody and for which he is entitled to
10 credit against the sentence, which information shall be
11 provided to the clerk by the sheriff;
12 (4.1) any finding of great bodily harm made by the
13 court with respect to an offense enumerated in subsection
14 (c-1);
15 (5) all statements filed under subsection (d) of
16 this Section;
17 (6) any medical or mental health records or
18 summaries of the defendant;
19 (7) the municipality where the arrest of the
20 offender or the commission of the offense has occurred,
21 where such municipality has a population of more than
22 25,000 persons;
23 (8) all statements made and evidence offered under
24 paragraph (7) of subsection (a) of this Section; and
25 (9) all additional matters which the court directs
26 the clerk to transmit.
27 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)