97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0068
 
Introduced , by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:



  
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3

 Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the early release of prisoners from a facility of the Department of Corrections on account of good conduct.



LRB097 03186 RLC 43222 b


 
 
A BILL FOR
 


HB0068LRB097 03186 RLC 43222 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-6-3 as follows:




6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


7 Sec. 3-6-3. Rules and Regulations for Early Release. 


8  (a) (1) The Department of Corrections shall prescribe 
9 rules
and regulations for the the early release on account 
10 of good
conduct of persons committed to the Department 
11 which shall
be subject to review by the Prisoner Review 
12 Board.


13  (2) The rules and regulations on early release shall 
14 provide, with
respect to offenses listed in clause (i), 
15 (ii), or (iii) of this paragraph (2) committed on or after 
16 June 19, 1998 or with respect to the offense listed in 
17 clause (iv) of this paragraph (2) committed on or after 
18 June 23, 2005 (the effective date of Public Act 94-71) or 
19 with
respect to offense listed in clause (vi)
committed on 
20 or after June 1, 2008 (the effective date of Public Act 
21 95-625)
or with respect to the offense of being an armed 
22 habitual criminal committed on or after August 2, 2005 (the 
23 effective date of Public Act 94-398) or with respect to the 
 
 
HB0068- 2 -LRB097 03186 RLC 43222 b


1 offenses listed in clause (v) of this paragraph (2) 
2 committed on or after August 13, 2007 (the effective date 
3 of Public Act 95-134) or with respect to the offense of 
4 aggravated domestic battery committed on or after July 23, 
5 2010 (the effective date of Public Act 96-1224) this 
6 amendatory Act of the 96th General Assembly, the following:


7   (i) that a prisoner who is serving a term of 
8 imprisonment for first
degree murder or for the offense 
9 of terrorism shall receive no good conduct
credit and 
10 shall serve the entire
sentence imposed by the court;


11   (ii) that a prisoner serving a sentence for attempt 
12 to commit first
degree murder, solicitation of murder, 
13 solicitation of murder for hire,
intentional homicide 
14 of an unborn child, predatory criminal sexual assault 
15 of a
child, aggravated criminal sexual assault, 
16 criminal sexual assault, aggravated
kidnapping, 
17 aggravated battery with a firearm, heinous battery, 
18 being an armed habitual criminal, aggravated
battery 
19 of a senior citizen, or aggravated battery of a child 
20 shall receive no
more than 4.5 days of good conduct 
21 credit for each month of his or her sentence
of 
22 imprisonment;


23   (iii) that a prisoner serving a sentence
for home 
24 invasion, armed robbery, aggravated vehicular 
25 hijacking,
aggravated discharge of a firearm, or armed 
26 violence with a category I weapon
or category II 
 
 
HB0068- 3 -LRB097 03186 RLC 43222 b


1 weapon, when the court
has made and entered a finding, 
2 pursuant to subsection (c-1) of Section 5-4-1
of this 
3 Code, that the conduct leading to conviction for the 
4 enumerated offense
resulted in great bodily harm to a 
5 victim, shall receive no more than 4.5 days
of good 
6 conduct credit for each month of his or her sentence of 
7 imprisonment;

8   (iv) that a prisoner serving a sentence for 
9 aggravated discharge of a firearm, whether or not the 
10 conduct leading to conviction for the offense resulted 
11 in great bodily harm to the victim, shall receive no 
12 more than 4.5 days of good conduct credit for each 
13 month of his or her sentence of imprisonment;

14   (v) that a person serving a sentence for 
15 gunrunning, narcotics racketeering, controlled 
16 substance trafficking, methamphetamine trafficking, 
17 drug-induced homicide, aggravated 
18 methamphetamine-related child endangerment, money 
19 laundering pursuant to clause (c) (4) or (5) of Section 
20 29B-1 of the Criminal Code of 1961, or a Class X felony 
21 conviction for delivery of a controlled substance, 
22 possession of a controlled substance with intent to 
23 manufacture or deliver, calculated criminal drug 
24 conspiracy, criminal drug conspiracy, street gang 
25 criminal drug conspiracy, participation in 
26 methamphetamine manufacturing, aggravated 
 
 
HB0068- 4 -LRB097 03186 RLC 43222 b


1 participation in methamphetamine manufacturing, 
2 delivery of methamphetamine, possession with intent to 
3 deliver methamphetamine, aggravated delivery of 
4 methamphetamine, aggravated possession with intent to 
5 deliver methamphetamine, methamphetamine conspiracy 
6 when the substance containing the controlled substance 
7 or methamphetamine is 100 grams or more shall receive 
8 no more than 7.5 days good conduct credit for each 
9 month of his or her sentence of imprisonment;

10   (vi)
that a prisoner serving a sentence for a 
11 second or subsequent offense of luring a minor shall 
12 receive no more than 4.5 days of good conduct credit 
13 for each month of his or her sentence of imprisonment; 
14 and

15   (vii) that a prisoner serving a sentence for 
16 aggravated domestic battery shall receive no more than 
17 4.5 days of good conduct credit for each month of his 
18 or her sentence of imprisonment. 

19  (2.1) For all offenses, other than those enumerated in 
20 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
21 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
22 after June 23, 2005 (the effective date of Public Act 
23 94-71) or subdivision (a)(2)(v) committed on or after 
24 August 13, 2007 (the effective date of Public Act 95-134)

25 or subdivision (a)(2)(vi) committed on or after June 1, 
26 2008 (the effective date of Public Act 95-625) or 
 
 
HB0068- 5 -LRB097 03186 RLC 43222 b


1 subdivision (a)(2)(vii) committed on or after July 23, 2010 
2 (the effective date of Public Act 96-1224) this amendatory 
3 Act of the 96th General Assembly, and other than the 
4 offense of aggravated driving under the influence of 
5 alcohol, other drug or drugs, or
intoxicating compound or 
6 compounds, or any combination thereof as defined in

7 subparagraph (F) of paragraph (1) of subsection (d) of 
8 Section 11-501 of the
Illinois Vehicle Code, and other than 
9 the offense of aggravated driving under the influence of 
10 alcohol,
other drug or drugs, or intoxicating compound or 
11 compounds, or any combination
thereof as defined in 
12 subparagraph (C) of paragraph (1) of subsection (d) of

13 Section 11-501 of the Illinois Vehicle Code committed on or 
14 after January 1, 2011 (the effective date of Public Act 
15 96-1230) this amendatory Act of the 96th General Assembly,

16 the rules and regulations shall
provide that a prisoner who 
17 is serving a term of
imprisonment shall receive one day of 
18 good conduct credit for each day of
his or her sentence of 
19 imprisonment or recommitment under Section 3-3-9.
Each day 
20 of good conduct credit shall reduce by one day the 
21 prisoner's period
of imprisonment or recommitment under 
22 Section 3-3-9.


23  (2.2) A prisoner serving a term of natural life 
24 imprisonment or a
prisoner who has been sentenced to death 
25 shall receive no good conduct
credit.


26  (2.3) The rules and regulations on early release shall 
 
 
HB0068- 6 -LRB097 03186 RLC 43222 b


1 provide that
a prisoner who is serving a sentence for 
2 aggravated driving under the influence of alcohol,
other 
3 drug or drugs, or intoxicating compound or compounds, or 
4 any combination
thereof as defined in subparagraph (F) of 
5 paragraph (1) of subsection (d) of
Section 11-501 of the 
6 Illinois Vehicle Code, shall receive no more than 4.5
days 
7 of good conduct credit for each month of his or her 
8 sentence of
imprisonment.


9  (2.4) The rules and regulations on early release shall 
10 provide with
respect to the offenses of aggravated battery 
11 with a machine gun or a firearm
equipped with any device or 
12 attachment designed or used for silencing the
report of a 
13 firearm or aggravated discharge of a machine gun or a 
14 firearm
equipped with any device or attachment designed or 
15 used for silencing the
report of a firearm, committed on or 
16 after
July 15, 1999 (the effective date of Public Act 
17 91-121),
that a prisoner serving a sentence for any of 
18 these offenses shall receive no
more than 4.5 days of good 
19 conduct credit for each month of his or her sentence
of 
20 imprisonment.


21  (2.5) The rules and regulations on early release shall 
22 provide that a
prisoner who is serving a sentence for 
23 aggravated arson committed on or after
July 27, 2001 (the 
24 effective date of Public Act 92-176) shall receive no more 
25 than
4.5 days of good conduct credit for each month of his 
26 or her sentence of
imprisonment.

 
 
HB0068- 7 -LRB097 03186 RLC 43222 b


1  (2.6) The rules and regulations on early release shall 
2 provide that a
prisoner who is serving a sentence for 
3 aggravated driving under the influence of alcohol,
other 
4 drug or drugs, or intoxicating compound or compounds, or 
5 any combination
thereof as defined in subparagraph (C) of 
6 paragraph (1) of subsection (d) of
Section 11-501 of the 
7 Illinois Vehicle Code committed on or after January 1, 2011 
8 (the effective date of Public Act 96-1230) this amendatory 
9 Act of the 96th General Assembly, shall receive no more 
10 than 4.5
days of good conduct credit for each month of his 
11 or her sentence of
imprisonment.

12  (3) The rules and regulations shall also provide that

13 the Director may award up to 180 days additional good 
14 conduct
credit for meritorious service in specific 
15 instances as the
Director deems proper; except that no more 
16 than 90 days
of good conduct credit for meritorious service

17 shall be awarded to any prisoner who is serving a sentence 
18 for
conviction of first degree murder, reckless homicide 
19 while under the
influence of alcohol or any other drug,
or 
20 aggravated driving under the influence of alcohol, other 
21 drug or drugs, or
intoxicating compound or compounds, or 
22 any combination thereof as defined in
subparagraph (F) of 
23 paragraph (1) of subsection (d) of Section 11-501 of the

24 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

25 predatory criminal sexual assault of a child,
aggravated 
26 criminal sexual assault, criminal sexual assault, deviate 
 
 
HB0068- 8 -LRB097 03186 RLC 43222 b


1 sexual
assault, aggravated criminal sexual abuse, 
2 aggravated indecent liberties
with a child, indecent 
3 liberties with a child, child pornography, heinous

4 battery, aggravated battery of a spouse, aggravated 
5 battery of a spouse
with a firearm, stalking, aggravated 
6 stalking, aggravated battery of a child,
endangering the 
7 life or health of a child, or cruelty to a child. 
8 Notwithstanding the foregoing, good conduct credit for

9 meritorious service shall not be awarded on a
sentence of 
10 imprisonment imposed for conviction of: (i) one of the 
11 offenses
enumerated in subdivision (a)(2)(i), (ii), or 
12 (iii) when the offense is committed on or after
June 19, 
13 1998 or subdivision (a)(2)(iv) when the offense is 
14 committed on or after June 23, 2005 (the effective date of 
15 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
16 is committed on or after August 13, 2007 (the effective 
17 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
18 the offense is committed on or after June 1, 2008 (the 
19 effective date of Public Act 95-625) or subdivision 
20 (a)(2)(vii) when the offense is committed on or after July 
21 23, 2010 (the effective date of Public Act 96-1224) this 
22 amendatory Act of the 96th General Assembly, (ii) 
23 aggravated driving under the influence of alcohol, other 
24 drug or drugs, or
intoxicating compound or compounds, or 
25 any combination thereof as defined in
subparagraph (F) of 
26 paragraph (1) of subsection (d) of Section 11-501 of the

 
 
HB0068- 9 -LRB097 03186 RLC 43222 b


1 Illinois Vehicle Code, (iii) one of the offenses enumerated 
2 in subdivision
(a)(2.4) when the offense is committed on or 
3 after
July 15, 1999 (the effective date of Public Act 
4 91-121),
(iv) aggravated arson when the offense is 
5 committed
on or after July 27, 2001 (the effective date of 
6 Public Act 92-176), or (v) offenses that may subject the 
7 offender to commitment under the Sexually Violent Persons 
8 Commitment Act, or (vi) (v) aggravated driving under the 
9 influence of alcohol,
other drug or drugs, or intoxicating 
10 compound or compounds, or any combination
thereof as 
11 defined in subparagraph (C) of paragraph (1) of subsection 
12 (d) of
Section 11-501 of the Illinois Vehicle Code 
13 committed on or after January 1, 2011 (the effective date 
14 of Public Act 96-1230) this amendatory Act of the 96th 
15 General Assembly.

16  The Director shall not award good conduct credit for 
17 meritorious service under this paragraph (3) to an inmate 
18 unless the inmate has served a minimum of 60 days of the 
19 sentence; except nothing in this paragraph shall be 
20 construed to permit the Director to extend an inmate's 
21 sentence beyond that which was imposed by the court. Prior 
22 to awarding credit under this paragraph (3), the Director 
23 shall make a written determination that the inmate:
24   (A) is eligible for good conduct credit for 
25 meritorious service;
26   (B) has served a minimum of 60 days, or as close to 
 
 
HB0068- 10 -LRB097 03186 RLC 43222 b


1 60 days as the sentence will allow; and
2   (C) has met the eligibility criteria established 
3 by rule.
4  The Director shall determine the form and content of 
5 the written determination required in this subsection.

6  (4) The rules and regulations shall also provide that 
7 the good conduct
credit accumulated and retained under 
8 paragraph (2.1) of subsection (a) of
this Section by any 
9 inmate during specific periods of time in which such
inmate 
10 is engaged full-time in substance abuse programs, 
11 correctional
industry assignments, or educational programs 
12 provided by the Department
under this paragraph (4) and 
13 satisfactorily completes the assigned program as

14 determined by the standards of the Department, shall be 
15 multiplied by a factor
of 1.25 for program participation 
16 before August 11, 1993
and 1.50 for program participation 
17 on or after that date.
However, no inmate shall be eligible 
18 for the additional good conduct credit
under this paragraph 
19 (4) or (4.1) of this subsection (a) while assigned to a 
20 boot camp
or electronic detention, or if convicted of an 
21 offense enumerated in
subdivision (a)(2)(i), (ii), or 
22 (iii) of this Section that is committed on or after June 
23 19,
1998 or subdivision (a)(2)(iv) of this Section that is 
24 committed on or after June 23, 2005 (the effective date of 
25 Public Act 94-71) or subdivision (a)(2)(v) of this Section 
26 that is committed on or after August 13, 2007 (the 
 
 
HB0068- 11 -LRB097 03186 RLC 43222 b


1 effective date of Public Act 95-134)
or subdivision 
2 (a)(2)(vi) when the offense is committed on or after June 
3 1, 2008 (the effective date of Public Act 95-625) or 
4 subdivision (a)(2)(vii) when the offense is committed on or 
5 after July 23, 2010 (the effective date of Public Act 
6 96-1224) this amendatory Act of the 96th General Assembly, 
7 or if convicted of aggravated driving under the influence 
8 of alcohol, other drug or drugs, or
intoxicating compound 
9 or compounds, or any combination thereof as defined in

10 subparagraph (F) of paragraph (1) of subsection (d) of 
11 Section 11-501 of the
Illinois Vehicle Code, or if 
12 convicted of aggravated driving under the influence of 
13 alcohol,
other drug or drugs, or intoxicating compound or 
14 compounds, or any combination
thereof as defined in 
15 subparagraph (C) of paragraph (1) of subsection (d) of

16 Section 11-501 of the Illinois Vehicle Code committed on or 
17 after January 1, 2011 (the effective date of Public Act 
18 96-1230) this amendatory Act of the 96th General Assembly, 
19 or if convicted of an offense enumerated in paragraph

20 (a)(2.4) of this Section that is committed on or after
July 
21 15, 1999 (the effective date of Public Act 91-121),
or 
22 first degree murder, a Class X felony, criminal sexual

23 assault, felony criminal sexual abuse, aggravated criminal 
24 sexual abuse,
aggravated battery with a firearm, or any 
25 predecessor or successor offenses
with the same or 
26 substantially the same elements, or any inchoate offenses

 
 
HB0068- 12 -LRB097 03186 RLC 43222 b


1 relating to the foregoing offenses. No inmate shall be 
2 eligible for the
additional good conduct credit under this 
3 paragraph (4) who (i) has previously
received increased 
4 good conduct credit under this paragraph (4) and has

5 subsequently been convicted of a
felony, or (ii) has 
6 previously served more than one prior sentence of

7 imprisonment for a felony in an adult correctional 
8 facility.


9  Educational, vocational, substance abuse and 
10 correctional
industry programs under which good conduct 
11 credit may be increased under
this paragraph (4) and 
12 paragraph (4.1) of this subsection (a) shall be evaluated 
13 by the Department on the basis of
documented standards. The 
14 Department shall report the results of these
evaluations to 
15 the Governor and the General Assembly by September 30th of 
16 each
year. The reports shall include data relating to the 
17 recidivism rate among
program participants.


18  Availability of these programs shall be subject to the

19 limits of fiscal resources appropriated by the General 
20 Assembly for these
purposes. Eligible inmates who are 
21 denied immediate admission shall be
placed on a waiting 
22 list under criteria established by the Department.
The 
23 inability of any inmate to become engaged in any such 
24 programs
by reason of insufficient program resources or for 
25 any other reason
established under the rules and 
26 regulations of the Department shall not be
deemed a cause 
 
 
HB0068- 13 -LRB097 03186 RLC 43222 b


1 of action under which the Department or any employee or

2 agent of the Department shall be liable for damages to the 
3 inmate.

4  (4.1) The rules and regulations shall also provide that 
5 an additional 60 days of good conduct credit shall be 
6 awarded to any prisoner who passes the high school level 
7 Test of General Educational Development (GED) while the 
8 prisoner is incarcerated. The good conduct credit awarded 
9 under this paragraph (4.1) shall be in addition to, and 
10 shall not affect, the award of good conduct under any other 
11 paragraph of this Section, but shall also be pursuant to 
12 the guidelines and restrictions set forth in paragraph (4) 
13 of subsection (a) of this Section.
The good conduct credit 
14 provided for in this paragraph shall be available only to 
15 those prisoners who have not previously earned a high 
16 school diploma or a GED. If, after an award of the GED good 
17 conduct credit has been made and the Department determines 
18 that the prisoner was not eligible, then the award shall be 
19 revoked.


20  (4.5) The rules and regulations on early release shall 
21 also provide that
when the court's sentencing order 
22 recommends a prisoner for substance abuse treatment and the

23 crime was committed on or after September 1, 2003 (the 
24 effective date of
Public Act 93-354), the prisoner shall 
25 receive no good conduct credit awarded under clause (3) of 
26 this subsection (a) unless he or she participates in and

 
 
HB0068- 14 -LRB097 03186 RLC 43222 b


1 completes a substance abuse treatment program. The 
2 Director may waive the requirement to participate in or 
3 complete a substance abuse treatment program and award the 
4 good conduct credit in specific instances if the prisoner 
5 is not a good candidate for a substance abuse treatment 
6 program for medical, programming, or operational reasons. 
7 Availability of
substance abuse treatment shall be subject 
8 to the limits of fiscal resources
appropriated by the 
9 General Assembly for these purposes. If treatment is not

10 available and the requirement to participate and complete 
11 the treatment has not been waived by the Director, the 
12 prisoner shall be placed on a waiting list under criteria

13 established by the Department. The Director may allow a 
14 prisoner placed on
a waiting list to participate in and 
15 complete a substance abuse education class or attend 
16 substance
abuse self-help meetings in lieu of a substance 
17 abuse treatment program. A prisoner on a waiting list who 
18 is not placed in a substance abuse program prior to release 
19 may be eligible for a waiver and receive good conduct 
20 credit under clause (3) of this subsection (a) at the 
21 discretion of the Director.

22  (4.6) The rules and regulations on early release shall 
23 also provide that a prisoner who has been convicted of a 
24 sex offense as defined in Section 2 of the Sex Offender 
25 Registration Act shall receive no good conduct credit 
26 unless he or she either has successfully completed or is 
 
 
HB0068- 15 -LRB097 03186 RLC 43222 b


1 participating in sex offender treatment as defined by the 
2 Sex Offender Management Board. However, prisoners who are 
3 waiting to receive such treatment, but who are unable to do 
4 so due solely to the lack of resources on the part of the 
5 Department, may, at the Director's sole discretion, be 
6 awarded good conduct credit at such rate as the Director 
7 shall determine.

8  (5) Whenever the Department is to release any inmate 
9 earlier than it
otherwise would because of a grant of good 
10 conduct credit for meritorious
service given at any time 
11 during the term, the Department shall give
reasonable 
12 notice of the impending release not less than 14 days prior 
13 to the date of the release to the State's
Attorney of the 
14 county where the prosecution of the inmate took place, and 
15 if applicable, the State's Attorney of the county into 
16 which the inmate will be released. The Department must also 
17 make identification information and a recent photo of the 
18 inmate being released accessible on the Internet by means 
19 of a hyperlink labeled "Community Notification of Inmate 
20 Early Release" on the Department's World Wide Web homepage.

21 The identification information shall include the inmate's: 
22 name, any known alias, date of birth, physical 
23 characteristics, residence address, commitment offense and 
24 county where conviction was imposed. The identification 
25 information shall be placed on the website within 3 days of 
26 the inmate's release and the information may not be removed 
 
 
HB0068- 16 -LRB097 03186 RLC 43222 b


1 until either: completion of the first year of mandatory 
2 supervised release or return of the inmate to custody of 
3 the Department.

4 (b) Whenever a person is or has been committed under

5several convictions, with separate sentences, the sentences

6shall be construed under Section 5-8-4 in granting and

7forfeiting of good time.

8 (c) The Department shall prescribe rules and regulations

9for revoking good conduct credit, or suspending or reducing
the 
10rate of accumulation of good conduct credit for specific
rule 
11violations, during imprisonment. These rules and regulations

12shall provide that no inmate may be penalized more than one

13year of good conduct credit for any one infraction.

14 When the Department seeks to revoke, suspend or reduce
the 
15rate of accumulation of any good conduct credits for
an alleged 
16infraction of its rules, it shall bring charges
therefor 
17against the prisoner sought to be so deprived of
good conduct 
18credits before the Prisoner Review Board as
provided in 
19subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
20amount of credit at issue exceeds 30 days or
when during any 12 
21month period, the cumulative amount of
credit revoked exceeds 
2230 days except where the infraction is committed
or discovered 
23within 60 days of scheduled release. In those cases,
the 
24Department of Corrections may revoke up to 30 days of good 
25conduct credit.
The Board may subsequently approve the 
26revocation of additional good
conduct credit, if the Department 
 
 
HB0068- 17 -LRB097 03186 RLC 43222 b


1seeks to revoke good conduct credit in
excess of 30 days. 
2However, the Board shall not be empowered to review the

3Department's decision with respect to the loss of 30 days of 
4good conduct
credit within any calendar year for any prisoner 
5or to increase any penalty
beyond the length requested by the 
6Department.

7 The Director of the Department of Corrections, in 
8appropriate cases, may
restore up to 30 days good conduct 
9credits which have been revoked, suspended
or reduced. Any 
10restoration of good conduct credits in excess of 30 days shall

11be subject to review by the Prisoner Review Board. However, the 
12Board may not
restore good conduct credit in excess of the 
13amount requested by the Director.

14 Nothing contained in this Section shall prohibit the 
15Prisoner Review Board
from ordering, pursuant to Section 
163-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
17sentence imposed by the court that was not served due to the

18accumulation of good conduct credit.

19 (d) If a lawsuit is filed by a prisoner in an Illinois or 
20federal court
against the State, the Department of Corrections, 
21or the Prisoner Review Board,
or against any of
their officers 
22or employees, and the court makes a specific finding that a

23pleading, motion, or other paper filed by the prisoner is 
24frivolous, the
Department of Corrections shall conduct a 
25hearing to revoke up to
180 days of good conduct credit by 
26bringing charges against the prisoner
sought to be deprived of 
 
 
HB0068- 18 -LRB097 03186 RLC 43222 b


1the good conduct credits before the Prisoner Review
Board as 
2provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

3If the prisoner has not accumulated 180 days of good conduct 
4credit at the
time of the finding, then the Prisoner Review 
5Board may revoke all
good conduct credit accumulated by the 
6prisoner.

7 For purposes of this subsection (d):


8  (1) "Frivolous" means that a pleading, motion, or other 
9 filing which
purports to be a legal document filed by a 
10 prisoner in his or her lawsuit meets
any or all of the 
11 following criteria:


12   (A) it lacks an arguable basis either in law or in 
13 fact;


14   (B) it is being presented for any improper purpose, 
15 such as to harass or
to cause unnecessary delay or 
16 needless increase in the cost of litigation;


17   (C) the claims, defenses, and other legal 
18 contentions therein are not
warranted by existing law 
19 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 contentions 
23 do not have
evidentiary
support or, if specifically so 
24 identified, are not likely to have evidentiary
support 
25 after a reasonable opportunity for further 
26 investigation or discovery;
or


 
 
HB0068- 19 -LRB097 03186 RLC 43222 b


1   (E) the denials of factual contentions are not 
2 warranted on the
evidence, or if specifically so 
3 identified, are not reasonably based on a lack
of 
4 information or belief.


5  (2) "Lawsuit" means a motion pursuant to Section
116-3 
6 of the Code of Criminal Procedure of 1963, a habeas corpus 
7 action under
Article X of the Code of Civil Procedure or 
8 under federal law (28 U.S.C. 2254),
a petition for claim 
9 under the Court of Claims Act, an action under the
federal 
10 Civil Rights Act (42 U.S.C. 1983), or a second or 
11 subsequent petition for post-conviction relief under 
12 Article 122 of the Code of Criminal Procedure of 1963 
13 whether filed with or without leave of court or a second or 
14 subsequent petition for relief from judgment under Section 
15 2-1401 of the Code of Civil Procedure.

16 (e) Nothing in Public Act 90-592 or 90-593 affects the 
17validity of Public Act 89-404.

18 (f) Whenever the Department is to release any inmate who 
19has been convicted of a violation of an order of protection 
20under Section 12-30 of the Criminal Code of 1961, earlier than 
21it
otherwise would because of a grant of good conduct credit, 
22the Department, as a condition of such early release, shall 
23require that the person, upon release, be placed under 
24electronic surveillance as provided in Section 5-8A-7 of this 
25Code. 
26(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 
 
 
HB0068- 20 -LRB097 03186 RLC 43222 b


195-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 
295-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. 
37-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, 
4eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)