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90_SB0381enr
705 ILCS 105/27.7 new
705 ILCS 505/21 from Ch. 37, par. 439.21
725 ILCS 5/122-4 from Ch. 38, par. 122-4
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
735 ILCS 5/Art. XXII heading new
735 ILCS 5/22-105 new
Amends the Clerks of Court Act, the Court of Claims Act,
the Code of Criminal Procedure of 1963, the Unified Code of
Corrections, and the Code of Civil Procedure. Provides that
if a prisoner files certain frivolous lawsuits against the
State, Illinois Department of Corrections, or the Prisoner
Review Board or against any of their officers or employees,
the prisoner shall be responsible for paying for the costs of
the lawsuit. Provides for a deduction from the prisoner's
account to pay for these costs. Effective immediately.
LRB9001056RCks
SB381 Enrolled LRB9001056RCks
1 AN ACT in relation to courts and appeals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Court Reporter Transcript Act is amended
5 by changing Sections 3, 4, and 5 as follows:
6 (705 ILCS 75/3) (from Ch. 37, par. 663)
7 Sec. 3. Upon order of the court, the official court
8 reporter shall transcribe and furnish an original and a copy
9 or copies of the pre-trial proceedings and the proceedings at
10 the trial of any person where, pursuant to Rule 607 of the
11 Illinois Supreme Court, an order could be entered so
12 requiring, if the defendant is convicted.
13 (Source: P.A. 77-743.)
14 (705 ILCS 75/4) (from Ch. 37, par. 664)
15 Sec. 4. The reporter, in full for all his services in
16 connection with the transcribing and filing or furnishing the
17 transcripts referred to in this Act, shall be paid a fee as
18 provided in Section 5 of the Court Reporters Act, approved
19 August 5, 1965, as amended. All such fees shall be paid out
20 of the State Treasury on the warrant of the Supreme Court,
21 from appropriations made for such purpose, upon presentation
22 of a certificate signed by the presiding judge setting the
23 amount due said reporter. Such certificate shall as to each
24 original transcript (and a copy or copies where fee for a
25 copy or copies is authorized by statute or Illinois Supreme
26 Court Rule) set forth the title and number of the cause in
27 which the transcript was required to be furnished, the nature
28 of the proceedings transcribed (whether an arraignment,
29 proceedings at criminal trial or proceedings at
30 post-conviction hearing) and the fee approved therefor. The
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1 Supreme Court may prescribe the form of the certificate and
2 furnish same.
3 (Source: P.A. 77-743.)
4 (705 ILCS 75/5) (from Ch. 37, par. 665)
5 Sec. 5. Where the court has authorized a person other
6 than the official reporter who took the stenographic notes to
7 transcribe the same the person making and filing or
8 furnishing such transcript (and a copy or copies when
9 authorized by statute or Illinois Supreme Court Rule
10 required) shall be entitled to the fee.
11 (Source: Laws 1957, p. 2222.)
12 Section 5. The Clerks of Courts Act is amended, if and
13 only if House Bill 2138 does not become law by August 31,
14 1997 in the form in which it passed the House of
15 Representatives, by adding Section 27.7 as follows:
16 (705 ILCS 105/27.7 new)
17 Sec. 27.7. Frivolous lawsuits filed by prisoners.
18 (a) The fees of the clerks of the circuit court shall not
19 be waived for a petitioner who is a prisoner in an Illinois
20 Department of Corrections facility who files a pleading,
21 motion, or other filing that purports to be a legal document
22 in a lawsuit seeking post-conviction relief under Article 122
23 of the Code of Criminal Procedure of 1963 or a habeas corpus
24 action under Article X of the Code of Civil Procedure and the
25 defendant is the State, the Illinois Department of
26 Corrections, or the Prisoner Review Board or any of their
27 officers or employees, and the court makes a specific finding
28 that the pleading, motion, or other filing that purports to
29 be a legal document is frivolous.
30 (b) "Frivolous" means that a pleading, motion, or other
31 filing which purports to be a legal document filed by a
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1 prisoner in his or her lawsuit meets any or all of the
2 following criteria:
3 (1) it lacks an arguable basis either in law or in
4 fact;
5 (2) it is being presented for any improper purpose,
6 such as to harass or to cause unnecessary delay or
7 needless increase in the cost of litigation;
8 (3) the claims, defenses, and other legal
9 contentions therein are not warranted by existing law or
10 by a nonfrivolous argument for the extension,
11 modification, or reversal of existing law or the
12 establishment of new law;
13 (4) the allegations and other factual contentions
14 do not have evidentiary support or, if specifically so
15 identified, are not likely to have evidentiary support
16 after a reasonable opportunity for further investigation
17 or discovery; or
18 (5) the denials of factual contentions are not
19 warranted on the evidence, or if specifically so
20 identified, are not reasonably based on a lack of
21 information or belief.
22 Section 6. The Clerks of Courts Act is amended, if and
23 only if House Bill 2138 becomes law by August 31, 1997 in the
24 form in which it passed the House of Representatives, by
25 adding Section 27.7 as follows:
26 (705 ILCS 105/27.7 new)
27 Sec. 27.7. Frivolous lawsuits filed by prisoners.
28 (a) The fees of the clerks of the circuit court shall not
29 be waived for a petitioner who is a prisoner in an Illinois
30 Department of Corrections facility who files a pleading,
31 motion, or other filing which purports to be a legal document
32 in a lawsuit seeking post-conviction relief under Article 122
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1 of the Code of Criminal Procedure of 1963, pursuant to
2 Section 116-3 of the Code of Criminal Procedure of 1963, or
3 in a habeas corpus action under Article X of the Code of
4 Civil Procedure and the defendant is the State, the Illinois
5 Department of Corrections, or the Prisoner Review Board or
6 any of their officers or employees, and the court makes a
7 specific finding that the pleading, motion, or other filing
8 which purports to be a legal document is frivolous.
9 (b) "Frivolous" means that a pleading, motion, or other
10 filing which purports to be a legal document filed by a
11 prisoner in his or her lawsuit meets any or all of the
12 following criteria:
13 (1) it lacks an arguable basis either in law or in
14 fact;
15 (2) it is being presented for any improper purpose,
16 such as to harass or to cause unnecessary delay or
17 needless increase in the cost of litigation;
18 (3) the claims, defenses, and other legal
19 contentions therein are not warranted by existing law or
20 by a nonfrivolous argument for the extension,
21 modification, or reversal of existing law or the
22 establishment of new law;
23 (4) the allegations and other factual contentions
24 do not have evidentiary support or, if specifically so
25 identified, are not likely to have evidentiary support
26 after a reasonable opportunity for further investigation
27 or discovery; or
28 (5) the denials of factual contentions are not
29 warranted on the evidence, or if specifically so
30 identified, are not reasonably based on a lack of
31 information or belief.
32 Section 10. The Court of Claims Act is amended by
33 changing Section 21 as follows:
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1 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
2 Sec. 21. The court is authorized to impose, by uniform
3 rules, a fee of $15 for the filing of a petition in any case
4 in which the award sought is more than $50 and less than
5 $1,000 and $35 in any case in which the award sought is
6 $1,000 or more; and to charge and collect for copies of
7 opinions or other documents filed in the Court of Claims such
8 fees as may be prescribed by the rules of the Court. All fees
9 and charges so collected shall be forthwith paid into the
10 State Treasury. A petitioner who is a prisoner in an Illinois
11 Department of Corrections facility who files a pleading,
12 motion, or other filing that purports to be a legal document
13 against the State, the Illinois Department of Corrections,
14 the Prisoner Review Board, or any of their officers or
15 employees in which the court makes a specific finding that it
16 is frivolous shall pay all filing fees and court costs in the
17 manner provided in Article XXII of the Code of Civil
18 Procedure.
19 (Source: P.A. 83-865.)
20 Section 15. The Code of Criminal Procedure of 1963 is
21 amended by changing Section 122-4 as follows:
22 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
23 Sec. 122-4. Pauper Petitions. If the petition is not
24 dismissed pursuant to Section 122-2.1, and alleges that the
25 petitioner is unable to pay the costs of the proceeding, the
26 court may order that the petitioner be permitted to proceed
27 as a poor person and order a transcript of the proceedings
28 delivered to petitioner in accordance with Rule of the
29 Supreme Court. If the petitioner is without counsel and
30 alleges that he is without means to procure counsel, he shall
31 state whether or not he wishes counsel to be appointed to
32 represent him. If appointment of counsel is so requested,
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1 and the petition is not dismissed pursuant to Section
2 122-2.1, the court shall appoint counsel if satisfied that
3 the petitioner has no means to procure counsel. A petitioner
4 who is a prisoner in an Illinois Department of Corrections
5 facility who files a pleading, motion, or other filing that
6 purports to be a legal document seeking post-conviction
7 relief under this Article against the State, the Illinois
8 Department of Corrections, the Prisoner Review Board, or any
9 of their officers or employees in which the court makes a
10 specific finding that the pleading, motion, or other filing
11 that purports to be a legal document is frivolous shall not
12 proceed as a poor person and shall be liable for the full
13 payment of filing fees and actual court costs as provided in
14 Article XXII of the Code of Civil Procedure.
15 A Circuit Court or the Illinois Supreme Court may appoint
16 the State Appellate Defender to provide post-conviction
17 representation in a case in which the defendant is sentenced
18 to death. Any attorney assigned by the Office of the State
19 Appellate Defender to provide post-conviction representation
20 for indigent defendants in cases in which a sentence of death
21 was imposed in the trial court may, from time to time submit
22 bills and time sheets to the Office of the State Appellate
23 Defender for payment of services rendered and the Office of
24 the State Appellate Defender shall pay bills from funds
25 appropriated for this purpose in accordance with rules
26 promulgated by the State Appellate Defender.
27 The court, at the conclusion of the proceedings upon
28 receipt of a petition by the appointed counsel, shall
29 determine a reasonable amount to be allowed an indigent
30 defendant's counsel other than the Public Defender or the
31 State Appellate Defender for compensation and reimbursement
32 of expenditures necessarily incurred in the proceedings. The
33 compensation shall not exceed $500 in each case, except that,
34 in extraordinary circumstances, payment in excess of the
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1 limits herein stated may be made if the trial court certifies
2 that the payment is necessary to provide fair compensation
3 for protracted representation, and the amount is approved by
4 the chief judge of the circuit. The court shall enter an
5 order directing the county treasurer of the county where the
6 case was tried to pay the amount thereby allowed by the
7 court. The court may order the provisional payment of sums
8 during the pendency of the cause.
9 (Source: P.A. 87-580.)
10 Section 16. The State Appellate Defender Act is amended
11 by changing Section 10.5 as follows:
12 (725 ILCS 105/10.5)
13 Sec. 10.5. Competitive bidding for appellate services.
14 (a) To the extent necessary to dispose of the State
15 Appellate Defender's backlog of indigent criminal appeals,
16 The State Appellate Defender may, to the extent necessary to
17 dispose of its backlog of indigent criminal appeals,
18 institute a competitive bidding program under which shall
19 provide that contracts for the services of attorneys
20 representing indigent defendants on appeal in non-death
21 penalty criminal appeals are cases shall be awarded under a
22 competitive selection procedure which shall provide that
23 those contracts be awarded to the lowest responsible bidder.
24 (b) The State Appellate Defender, before letting out
25 bids for contracts for the services of attorneys to represent
26 indigent defendants on appeal in criminal cases, shall
27 advertise the letting of the bids in a publication or
28 publications of the Illinois State Bar Association, the
29 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
30 State Appellate Defender shall also advertise the letting of
31 the bids in newspapers of general circulation in major
32 municipalities to be determined by the State Appellate
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1 Defender. The State Appellate Defender shall mail notices of
2 the letting of the bids to county and local bar associations.
3 (c) Bids may shall be let in packages of one to , 5, 10,
4 and 20 appeals. Additional cases may be assigned, in the
5 discretion of the State Appellate Defender, after a
6 successful bidder completes work on existing packages.
7 (d) A bid for services of an attorney under this Section
8 shall be let only to an attorney licensed to practice law in
9 Illinois who has prior criminal appellate experience or to an
10 attorney who is a member or employee of a law firm which has
11 at least one member with that who has prior appellate
12 experience. Prospective bidders must furnish legal writing
13 samples that are deemed acceptable to the State Appellate
14 Defender.
15 (e) An attorney who is awarded a contract under this
16 Section shall communicate with each of his or her clients and
17 shall file each initial brief before the due date established
18 by Supreme Court Rule or by the Appellate Court. The State
19 Appellate Defender may rescind the contract for attorney
20 services and may require the return of the record on appeal
21 if the contracted attorney fails to make satisfactory
22 progress, in the opinion of the State Appellate Defender,
23 toward filing a brief.
24 (f) Gross compensation for completing of a case shall be
25 $40 per hour but shall not exceed $2,000 per case. The
26 contract shall specify the manner of payment.
27 (g) (Blank) On the effective date of this amendatory Act
28 of 1996, the State Appellate Defender shall segregate the
29 backlog of appeals not yet processed by staff attorneys
30 employed by the State Appellate Defender.
31 (h) (Blank) Contracted attorneys under this Section
32 shall represent only indigent defendants from the backlog of
33 appeals. Upon completion of the backlog, no contract shall
34 be let for attorney services by competitive bid.
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1 (Source: P.A. 89-689, eff. 12-31-96.)
2 Section 20. The Unified Code of Corrections is amended
3 by changing Sections 3-4-3, 3-6-3, and 3-12-5 as follows:
4 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
5 Sec. 3-4-3. Funds and Property of Persons Committed.
6 (a) The Department shall establish accounting records
7 with accounts for each person who has or receives money while
8 in an institution or facility of the Department and it shall
9 allow the withdrawal and disbursement of money by the person
10 under rules and regulations of the Department. Any interest
11 or other income from moneys deposited with the Department by
12 a resident of the Juvenile Division in excess of $200 shall
13 accrue to the individual's account, or in balances up to $200
14 shall accrue to the Residents' Benefit Fund. For an
15 individual in an institution or facility of the Adult
16 Division the interest shall accrue to the Residents' Benefit
17 Fund. The Department shall disburse all moneys so held no
18 later than the person's final discharge from the Department.
19 Moneys in the account of a committed person who files a
20 lawsuit determined frivolous under Article XXII of the Code
21 of Civil Procedure shall be deducted to pay for the filing
22 fees and cost of the suit as provided in that Article. The
23 Department shall under rules and regulations record and
24 receipt all personal property not allowed to committed
25 persons. The Department shall return such property to the
26 individual no later than the person's release on parole.
27 (b) Any money held in accounts of committed persons
28 separated from the Department by death, discharge, or
29 unauthorized absence and unclaimed for a period of 1 year
30 thereafter by the person or his legal representative shall be
31 transmitted to the State Treasurer who shall deposit it into
32 the General Revenue Fund. Articles of personal property of
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1 persons so separated may be sold or used by the Department if
2 unclaimed for a period of 1 year for the same purpose.
3 Clothing, if unclaimed within 30 days, may be used or
4 disposed of as determined by the Department.
5 (c) Profits on sales from commissary stores shall be
6 expended by the Department for the special benefit of
7 committed persons which shall include but not be limited to
8 the advancement of inmate payrolls, for the special benefit
9 of employees, and for the advancement or reimbursement of
10 employee travel, provided that amounts expended for employees
11 shall not exceed the amount of profits derived from sales
12 made to employees by such commissaries, as determined by the
13 Department.
14 (d) The Department shall confiscate any unauthorized
15 currency found in the possession of a committed person. The
16 Department shall transmit the confiscated currency to the
17 State Treasurer who shall deposit it into the General Revenue
18 Fund.
19 (Source: P.A. 89-689, eff. 12-31-96.)
20 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
21 Sec. 3-6-3. Rules and Regulations for Early Release.
22 (a)(1) The Department of Corrections shall prescribe
23 rules and regulations for the early release on account of
24 good conduct of persons committed to the Department which
25 shall be subject to review by the Prisoner Review Board.
26 (2) The rules and regulations on early release
27 shall provide, with respect to offenses committed on or
28 after the effective date of this amendatory Act of 1995,
29 the following:
30 (i) that a prisoner who is serving a term of
31 imprisonment for first degree murder shall receive
32 no good conduct credit and shall serve the entire
33 sentence imposed by the court;
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1 (ii) that a prisoner serving a sentence for
2 attempt to commit first degree murder, solicitation
3 of murder, solicitation of murder for hire,
4 intentional homicide of an unborn child, predatory
5 criminal sexual assault of a child, aggravated
6 criminal sexual assault, criminal sexual assault,
7 aggravated kidnapping, aggravated battery with a
8 firearm, heinous battery, aggravated battery of a
9 senior citizen, or aggravated battery of a child
10 shall receive no more than 4.5 days of good conduct
11 credit for each month of his or her sentence of
12 imprisonment; and
13 (iii) that a prisoner serving a sentence for
14 home invasion, armed robbery, aggravated vehicular
15 hijacking, aggravated discharge of a firearm, or
16 armed violence with a category I weapon or category
17 II weapon, when the court has made and entered a
18 finding, pursuant to subsection (c-1) of Section
19 5-4-1 of this Code, that the conduct leading to
20 conviction for the enumerated offense resulted in
21 great bodily harm to a victim, shall receive no more
22 than 4.5 days of good conduct credit for each month
23 of his or her sentence of imprisonment.
24 (2.1) For all offenses, other than those enumerated
25 in subdivision (a)(2) committed on or after the effective
26 date of this amendatory Act of 1995, the rules and
27 regulations shall provide that a prisoner who is serving
28 a term of imprisonment shall receive one day of good
29 conduct credit for each day of his or her sentence of
30 imprisonment or recommitment under Section 3-3-9. Each
31 day of good conduct credit shall reduce by one day the
32 prisoner's period of imprisonment or recommitment under
33 Section 3-3-9.
34 (2.2) A prisoner serving a term of natural life
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1 imprisonment or a prisoner who has been sentenced to
2 death shall receive no good conduct credit.
3 (3) The rules and regulations shall also provide
4 that the Director may award up to 180 days additional
5 good conduct credit for meritorious service in specific
6 instances as the Director deems proper; except that no
7 more than 90 days of good conduct credit for meritorious
8 service shall be awarded to any prisoner who is serving a
9 sentence for conviction of first degree murder, reckless
10 homicide while under the influence of alcohol or any
11 other drug, aggravated kidnapping, kidnapping, predatory
12 criminal sexual assault of a child, aggravated criminal
13 sexual assault, criminal sexual assault, deviate sexual
14 assault, aggravated criminal sexual abuse, aggravated
15 indecent liberties with a child, indecent liberties with
16 a child, child pornography, heinous battery, aggravated
17 battery of a spouse, aggravated battery of a spouse with
18 a firearm, stalking, aggravated stalking, aggravated
19 battery of a child, endangering the life or health of a
20 child, cruelty to a child, or narcotic racketeering.
21 Notwithstanding the foregoing, good conduct credit for
22 meritorious service shall not be awarded on a sentence of
23 imprisonment imposed for conviction of one of the
24 offenses enumerated in subdivision (a)(2) when the
25 offense is committed on or after the effective date of
26 this amendatory Act of 1995.
27 (4) The rules and regulations shall also provide
28 that the good conduct credit accumulated and retained
29 under paragraph (2.1) of subsection (a) of this Section
30 by any inmate during specific periods of time in which
31 such inmate is engaged full-time in substance abuse
32 programs, correctional industry assignments, or
33 educational programs provided by the Department under
34 this paragraph (4) and satisfactorily completes the
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1 assigned program as determined by the standards of the
2 Department, shall be multiplied by a factor of 1.25 for
3 program participation before the effective date of this
4 amendatory Act of 1993 and 1.50 for program participation
5 on or after that date. However, no inmate shall be
6 eligible for the additional good conduct credit under
7 this paragraph (4) while assigned to a boot camp, mental
8 health unit, or electronic detention, or if convicted of
9 an offense enumerated in paragraph (a)(2) of this Section
10 that is committed on or after the effective date of this
11 amendatory Act of 1995, or first degree murder, a Class X
12 felony, criminal sexual assault, felony criminal sexual
13 abuse, aggravated criminal sexual abuse, aggravated
14 battery with a firearm, or any predecessor or successor
15 offenses with the same or substantially the same
16 elements, or any inchoate offenses relating to the
17 foregoing offenses. No inmate shall be eligible for the
18 additional good conduct credit under this paragraph (4)
19 who (i) has previously received increased good conduct
20 credit under this paragraph (4) and has subsequently been
21 convicted of a felony, or (ii) has previously served more
22 than one prior sentence of imprisonment for a felony in
23 an adult correctional facility.
24 Educational, vocational, substance abuse and
25 correctional industry programs under which good conduct
26 credit may be increased under this paragraph (4) shall be
27 evaluated by the Department on the basis of documented
28 standards. The Department shall report the results of
29 these evaluations to the Governor and the General
30 Assembly by September 30th of each year. The reports
31 shall include data relating to the recidivism rate among
32 program participants.
33 Availability of these programs shall be subject to
34 the limits of fiscal resources appropriated by the
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1 General Assembly for these purposes. Eligible inmates
2 who are denied immediate admission shall be placed on a
3 waiting list under criteria established by the
4 Department. The inability of any inmate to become engaged
5 in any such programs by reason of insufficient program
6 resources or for any other reason established under the
7 rules and regulations of the Department shall not be
8 deemed a cause of action under which the Department or
9 any employee or agent of the Department shall be liable
10 for damages to the inmate.
11 (5) Whenever the Department is to release any
12 inmate earlier than it otherwise would because of a grant
13 of good conduct credit for meritorious service given at
14 any time during the term, the Department shall give
15 reasonable advance notice of the impending release to the
16 State's Attorney of the county where the prosecution of
17 the inmate took place.
18 (b) Whenever a person is or has been committed under
19 several convictions, with separate sentences, the sentences
20 shall be construed under Section 5-8-4 in granting and
21 forfeiting of good time.
22 (c) The Department shall prescribe rules and regulations
23 for revoking good conduct credit, or suspending or reducing
24 the rate of accumulation of good conduct credit for specific
25 rule violations, during imprisonment. These rules and
26 regulations shall provide that no inmate may be penalized
27 more than one year of good conduct credit for any one
28 infraction.
29 When the Department seeks to revoke, suspend or reduce
30 the rate of accumulation of any good conduct credits for an
31 alleged infraction of its rules, it shall bring charges
32 therefor against the prisoner sought to be so deprived of
33 good conduct credits before the Prisoner Review Board as
34 provided in subparagraph (a)(4) of Section 3-3-2 of this
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1 Code, if the amount of credit at issue exceeds 30 days or
2 when during any 12 month period, the cumulative amount of
3 credit 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
6 to 30 days of good conduct credit. The Board may subsequently
7 approve the revocation of additional good conduct credit, if
8 the Department seeks to revoke good conduct credit in excess
9 of 30 days. However, the Board shall not be empowered to
10 review the Department's decision with respect to the loss of
11 30 days of good conduct credit within any calendar year for
12 any prisoner or to increase any penalty beyond the length
13 requested by the Department.
14 The Director of the Department of Corrections, in
15 appropriate cases, may restore up to 30 days good conduct
16 credits which have been revoked, suspended or reduced. Any
17 restoration of good conduct credits in excess of 30 days
18 shall be subject to review by the Prisoner Review Board.
19 However, the Board may not restore good conduct credit in
20 excess of the amount 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
24 the sentence imposed by the court that was not served due to
25 the accumulation of good conduct credit.
26 (d) If a lawsuit is filed by a prisoner in an Illinois
27 or federal court against the State, the Department of
28 Corrections, or the Prisoner Review Board, or against any of
29 their officers or employees, and the court makes a specific
30 finding that a pleading, motion, or other paper filed by the
31 prisoner is frivolous, the Department of Corrections shall
32 conduct a hearing to revoke up to 180 days of good conduct
33 credit by bringing charges against the prisoner sought to be
34 deprived of the good conduct credits before the Prisoner
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1 Review Board as provided in subparagraph (a)(8) of Section
2 3-3-2 of this Code. If the prisoner has not accumulated 180
3 days of good conduct credit at the time of the finding, then
4 the Prisoner Review Board may revoke all good conduct credit
5 accumulated by the prisoner.
6 For purposes of this subsection (d):
7 (1) "Frivolous" means that a pleading, motion, or
8 other filing which purports to be a legal document filed
9 by a prisoner in his or her lawsuit meets any or all of
10 the following criteria:
11 (A) it lacks an arguable basis either in law
12 or in fact;
13 (B) it is being presented for any improper
14 purpose, such as to harass or to cause unnecessary
15 delay or needless increase in the cost of
16 litigation;
17 (C) the claims, defenses, and other legal
18 contentions therein are not warranted by existing
19 law or by a nonfrivolous argument for the extension,
20 modification, or reversal of existing law or the
21 establishment of new law;
22 (D) the allegations and other factual
23 contentions do not have evidentiary support or, if
24 specifically so identified, are not likely to have
25 evidentiary support after a reasonable opportunity
26 for further investigation or discovery; or
27 (E) the denials of factual contentions are not
28 warranted on the evidence, or if specifically so
29 identified, are not reasonably based on a lack of
30 information or belief. "Frivolous" means that a
31 pleading, motion, or other paper filed by a prisoner
32 in his or her lawsuit does not meet the following
33 criteria:
34 (A) it is not being presented for any improper
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1 purpose, such as to harass or to cause unnecessary
2 delay or needless increase in the cost of
3 litigation;
4 (B) the claims, defenses, and other legal
5 contentions therein are warranted by existing law or
6 by a nonfrivolous argument for the extension,
7 modification, or reversal of existing law or the
8 establishment of new law;
9 (C) the allegations and other factual
10 contentions have evidentiary support or, if
11 specifically so identified, are likely to have
12 evidentiary support after a reasonable opportunity
13 for further investigation or discovery; and
14 (D) the denials of factual contentions are
15 warranted on the evidence or, if specifically so
16 identified, are reasonably based on a lack of
17 information or belief.
18 (2) "Lawsuit" means a petition for post conviction
19 relief under Article 122 of the Code of Criminal
20 Procedure of 1963, a habeas corpus action under Article X
21 of the Code of Civil Procedure or under federal law (28
22 U.S.C. 2254), a petition for claim under the Court of
23 Claims Act or an action under the federal Civil Rights
24 Act (42 U.S.C. 1983).
25 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
26 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
27 89-656, eff. 1-1-97.)
28 (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
29 Sec. 3-12-5. Compensation. Persons performing a work
30 assignment under subsection (a) of Section 3-12-2 may receive
31 wages under rules and regulations of the Department. In
32 determining rates of compensation, the Department shall
33 consider the effort, skill and economic value of the work
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1 performed. Compensation may be given to persons who
2 participate in other programs of the Department. Of the
3 compensation earned pursuant to this Section, a portion, as
4 determined by the Department, shall be used to offset the
5 cost of the committed person's incarceration. If the
6 committed person files a lawsuit determined frivolous under
7 Article XXII of the Code of Civil Procedure, 50% of the
8 compensation shall be used to offset the filing fees and
9 costs of the lawsuit as provided in that Article until all
10 fees and costs are paid in full. All other wages shall be
11 deposited in the individual's account under rules and
12 regulations of the Department. The Department shall notify
13 the Attorney General of any compensation applied towards a
14 satisfaction, in whole or in part, of the person's
15 incarceration costs.
16 (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
17 Section 25. The Code of Civil Procedure is amended, if
18 and only if House Bill 2138 does not become law by August 31,
19 1997 in the form in which it passed the House of
20 Representatives, by adding Article XXII as follows:
21 (735 ILCS 5/Art. XXII heading new)
22 ARTICLE XXII. FRIVOLOUS LAWSUITS FILED BY PRISONERS
23 (735 ILCS 5/22-105 new)
24 Sec. 22-105. Frivolous lawsuits filed by prisoners.
25 (a) If a prisoner confined in an Illinois Department of
26 Corrections facility files a pleading, motion, or other
27 filing that purports to be a legal document in a case seeking
28 post-conviction relief under Article 122 of the Code of
29 Criminal Procedure of 1963, habeas corpus relief under
30 Article X of this Code, a claim under the Court of Claims
31 Act, or other action against the State, the Illinois
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1 Department of Corrections, or the Prisoner Review Board, or
2 against any of their officers or employees and the Court
3 makes a specific finding that the pleading, motion, or other
4 paper filed by the prisoner is frivolous, the prisoner is
5 responsible for the full payment of filing fees and actual
6 court costs.
7 On filing the action or proceeding the court shall assess
8 and, when funds exist, collect as a partial payment of any
9 court costs required by law a first time payment of 50% of
10 the average monthly balance of the prisoner's trust fund
11 account for the past 6 months. Thereafter 50% of all
12 deposits into the prisoner's individual account under
13 Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections
14 administered by the Illinois Department of Corrections shall
15 be withheld until the actual court costs are collected in
16 full. The Department of Corrections shall forward any moneys
17 withheld to the court of jurisdiction. If a prisoner is
18 released before the full costs are collected, the Department
19 of Corrections shall forward the amount of costs collected
20 through the date of release. The court of jurisdiction is
21 responsible for sending the Department of Corrections a copy
22 of the order mandating the amount of court fees to be paid.
23 Nothing in this Section prohibits an applicant from filing an
24 action or proceeding if the applicant is unable to pay the
25 court costs.
26 (b) In this Section, "frivolous" means that a pleading,
27 motion, or other filing which purports to be a legal document
28 filed by a prisoner in his or her lawsuit meets any or all of
29 the following criteria:
30 (1) it lacks an arguable basis either in law or in
31 fact;
32 (2) it is being presented for any improper purpose,
33 such as to harass or to cause unnecessary delay or
34 needless increase in the cost of litigation;
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1 (3) the claims, defenses, and other legal
2 contentions therein are not warranted by existing law or
3 by a nonfrivolous argument for the extension,
4 modification, or reversal of existing law or the
5 establishment of new law;
6 (4) the allegations and other factual contentions
7 do not have evidentiary support or, if specifically so
8 identified, are not likely to have evidentiary support
9 after a reasonable opportunity for further investigation
10 or discovery; or
11 (5) the denials of factual contentions are not
12 warranted on the evidence, or if specifically so
13 identified, are not reasonably based on a lack of
14 information or belief.
15 Section 30. The Code of Civil Procedure is amended, if
16 and only if House Bill 2138 becomes law by August 31, 1997 in
17 the form in which it passed the House of Representatives, by
18 adding Article XXII as follows:
19 (735 ILCS 5/Art. XXII heading new)
20 ARTICLE XXII. FRIVOLOUS LAWSUITS FILED BY PRISONERS
21 (735 ILCS 5/22-105 new)
22 Sec. 22-105. Frivolous lawsuits filed by prisoners.
23 (a) If a prisoner confined in an Illinois Department of
24 Corrections facility files a pleading, motion, or other
25 filing which purports to be a legal document in a case
26 seeking post-conviction relief under Article 122 of the Code
27 of Criminal Procedure of 1963, pursuant to Section 116-3 of
28 the Code of Criminal Procedure of 1963, in a habeas corpus
29 action under Article X of this Code, in a claim under the
30 Court of Claims Act, or in another action against the State,
31 the Illinois Department of Corrections, or the Prisoner
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1 Review Board, or against any of their officers or employees
2 and the Court makes a specific finding that the pleading,
3 motion, or other filing which purports to be a legal document
4 filed by the prisoner is frivolous, the prisoner is
5 responsible for the full payment of filing fees and actual
6 court costs.
7 On filing the action or proceeding the court shall assess
8 and, when funds exist, collect as a partial payment of any
9 court costs required by law a first time payment of 50% of
10 the average monthly balance of the prisoner's trust fund
11 account for the past 6 months. Thereafter 50% of all
12 deposits into the prisoner's individual account under
13 Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections
14 administered by the Illinois Department of Corrections shall
15 be withheld until the actual court costs are collected in
16 full. The Department of Corrections shall forward any moneys
17 withheld to the court of jurisdiction. If a prisoner is
18 released before the full costs are collected, the Department
19 of Corrections shall forward the amount of costs collected
20 through the date of release. The court of jurisdiction is
21 responsible for sending the Department of Corrections a copy
22 of the order mandating the amount of court fees to be paid.
23 Nothing in this Section prohibits an applicant from filing an
24 action or proceeding if the applicant is unable to pay the
25 court costs.
26 (b) In this Section, "frivolous" means that a pleading,
27 motion, or other filing which purports to be a legal document
28 filed by a prisoner in his or her lawsuit meets any or all of
29 the following criteria:
30 (1) it lacks an arguable basis either in law or in
31 fact;
32 (2) it is being presented for any improper purpose,
33 such as to harass or to cause unnecessary delay or
34 needless increase in the cost of litigation;
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1 (3) the claims, defenses, and other legal
2 contentions therein are not warranted by existing law or
3 by a nonfrivolous argument for the extension,
4 modification, or reversal of existing law or the
5 establishment of new law;
6 (4) the allegations and other factual contentions
7 do not have evidentiary support or, if specifically so
8 identified, are not likely to have evidentiary support
9 after a reasonable opportunity for further investigation
10 or discovery; or
11 (5) the denials of factual contentions are not
12 warranted on the evidence, or if specifically so
13 identified, are not reasonably based on a lack of
14 information or belief.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.