Public Act 90-0740 of the 90th General Assembly
Public Act 90-0740
HB2899 Enrolled LRB9008364RCks
AN ACT to amend the Unified Code of Corrections by
changing Sections 3-6-3 and 5-4-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-6-3 and 5-4-1 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a)(1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1995,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1995, and other than the
offense of reckless homicide as defined in subsection (e)
of Section 9-3 of the Criminal Code of 1961 committed on
or after the effective date of this amendatory Act of
1998, the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall
receive one day of good conduct credit for each day of
his or her sentence of imprisonment or recommitment under
Section 3-3-9. Each day of good conduct credit shall
reduce by one day the prisoner's period of imprisonment
or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(2.3) The rules and regulations on early release
shall provide that a prisoner who is serving sentence for
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 committed on or after
the effective date of this amendatory Act of 1998 shall
receive no more than 4.5 days of good conduct credit for
each month of his or her sentence of imprisonment.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1995 or (ii) reckless homicide as
defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 when the offense is committed on or after
the effective date of this amendatory Act of 1998.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before the effective date of this
amendatory Act of 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) while assigned to a boot camp, mental
health unit, or electronic detention, or if convicted of
an offense enumerated in paragraph (a)(2) of this Section
that is committed on or after the effective date of this
amendatory Act of 1995, or if convicted of reckless
homicide as defined in subsection (e) of Section 9-3 of
the Criminal Code of 1961 if the offense is committed on
or after the effective date of this amendatory Act of
1998, or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm,
or any predecessor or successor offenses with the same or
substantially the same elements, or any inchoate offenses
relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) who (i) has previously received
increased good conduct credit under this paragraph (4)
and has subsequently been convicted of a felony, or (ii)
has previously served more than one prior sentence of
imprisonment for a felony in an adult correctional
facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(A) it lacks an arguable basis either in law
or in fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing
law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual
contentions do not have evidentiary support or, if
specifically so identified, are not likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a motion pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under
hearing procedures otherwise specified, after a determination
of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may,
in its discretion, accept an evaluation from a program in the
state of such individual's residence. The court may in its
sentencing order approve an eligible defendant for placement
in a Department of Corrections impact incarceration program
as provided in Section 5-8-1.1. At the hearing the court
shall:
(1) consider the evidence, if any, received upon
the trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by
the parties in aggravation and mitigation;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, committed by
the defendant the opportunity to make a statement
concerning the impact on the victim and to offer evidence
in aggravation or mitigation; provided that the statement
and evidence offered in aggravation or mitigation must
first be prepared in writing in conjunction with the
State's Attorney before it may be presented orally at the
hearing. Any sworn testimony offered by the victim is
subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court; and
(8) in cases of reckless homicide afford the
victim's spouse, guardians, parents or other immediate
family members an opportunity to make oral statements.
(b) All sentences shall be imposed by the judge based
upon his independent assessment of the elements specified
above and any agreement as to sentence reached by the
parties. The judge who presided at the trial or the judge
who accepted the plea of guilty shall impose the sentence
unless he is no longer sitting as a judge in that court.
Where the judge does not impose sentence at the same time on
all defendants who are convicted as a result of being
involved in the same offense, the defendant or the State's
attorney may advise the sentencing court of the disposition
of any other defendants who have been sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other drug
or any combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of
the court and shall be a public record.
(c-1) In imposing a sentence for the offense of
aggravated kidnapping for ransom, home invasion, armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other
than when a sentence of natural life imprisonment or a
sentence of death is imposed, at the time the sentence is
imposed the judge shall state on the record in open court the
approximate period of time the defendant will serve in
custody according to the then current statutory rules and
regulations for early release found in Section 3-6-3 and
other related provisions of this Code. This statement is
intended solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied on by
the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed on
or after the effective date of this amendatory Act of 1995,
and other than when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense was committed on or
after the effective date of this amendatory Act of 1998, the
judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply
with the institutional regulations, does not receive those
credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day
good conduct credit for each day of participation in
vocational, industry, substance abuse, and educational
programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or
after the effective date of this amendatory Act of 1995, and
when the sentence is imposed for reckless homicide as defined
in subsection (e) of Section 9-3 of the Criminal Code of 1961
if the offense was committed on or after the effective date
of this amendatory Act of 1998, the judge's statement, to be
given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after the
effective date of this amendatory Act of 1995, the judge's
statement, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend
in prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts
and circumstances which may aid such department, agency or
institution during its custody of such person. The clerk
shall within 10 days after receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause for delay in conveying the person to the
department, agency or institution to which he has been
committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of
this Section;
(6) any medical or mental health records or
summaries of the defendant;
(7) the municipality where the arrest of the
offender or the commission of the offense has occurred,
where such municipality has a population of more than
25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs
the clerk to transmit.
(Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)