HB0596 Enrolled LRB096 04554 RLC 14609 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Unified Code of Corrections is amended by
5		changing 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 early release on account of
10		good conduct of persons committed to the Department which
11		shall be subject to review by the Prisoner Review Board.
12		(2) The rules and regulations on early release shall
13		provide, with respect to offenses listed in clause (i),
14		(ii), or (iii) of this paragraph (2) committed on or after
15		June 19, 1998 or with respect to the offense listed in
16		clause (iv) of this paragraph (2) committed on or after
17		June 23, 2005 (the effective date of Public Act 94-71) or
18		with respect to offense listed in clause (vi) committed on
19		or after June 1, 2008 (the effective date of Public Act
20		95-625) or with respect to the offense of being an armed
21		habitual criminal committed on or after August 2, 2005 (the
22		effective date of Public Act 94-398) or with respect to the
23		offenses listed in clause (v) of this paragraph (2)

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1		committed on or after August 13, 2007 (the effective date
2		of Public Act 95-134) or with respect to the offense of
3		aggravated domestic battery committed on or after the
4		effective date of this amendatory Act of the 96th General
5		Assembly, the following:
6		(i) that a prisoner who is serving a term of
7		imprisonment for first degree murder or for the offense
8		of terrorism shall receive no good conduct credit and
9		shall serve the entire sentence imposed by the court;
10		(ii) that a prisoner serving a sentence for attempt
11		to commit first degree murder, solicitation of murder,
12		solicitation of murder for hire, intentional homicide
13		of an unborn child, predatory criminal sexual assault
14		of a child, aggravated criminal sexual assault,
15		criminal sexual assault, aggravated kidnapping,
16		aggravated battery with a firearm, heinous battery,
17		being an armed habitual criminal, aggravated battery
18		of a senior citizen, or aggravated battery of a child
19		shall receive no more than 4.5 days of good conduct
20		credit for each month of his or her sentence of
21		imprisonment;
22		(iii) that a prisoner serving a sentence for home
23		invasion, armed robbery, aggravated vehicular
24		hijacking, aggravated discharge of a firearm, or armed
25		violence with a category I weapon or category II
26		weapon, when the court has made and entered a finding,

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1		pursuant to subsection (c-1) of Section 5-4-1 of this
2		Code, that the conduct leading to conviction for the
3		enumerated offense resulted in great bodily harm to a
4		victim, shall receive no more than 4.5 days of good
5		conduct credit for each month of his or her sentence of
6		imprisonment;
7		(iv) that a prisoner serving a sentence for
8		aggravated discharge of a firearm, whether or not the
9		conduct leading to conviction for the offense resulted
10		in great bodily harm to the victim, shall receive no
11		more than 4.5 days of good conduct credit for each
12		month of his or her sentence of imprisonment;
13		(v) that a person serving a sentence for
14		gunrunning, narcotics racketeering, controlled
15		substance trafficking, methamphetamine trafficking,
16		drug-induced homicide, aggravated
17		methamphetamine-related child endangerment, money
18		laundering pursuant to clause (c) (4) or (5) of Section
19		29B-1 of the Criminal Code of 1961, or a Class X felony
20		conviction for delivery of a controlled substance,
21		possession of a controlled substance with intent to
22		manufacture or deliver, calculated criminal drug
23		conspiracy, criminal drug conspiracy, street gang
24		criminal drug conspiracy, participation in
25		methamphetamine manufacturing, aggravated
26		participation in methamphetamine manufacturing,

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1		delivery of methamphetamine, possession with intent to
2		deliver methamphetamine, aggravated delivery of
3		methamphetamine, aggravated possession with intent to
4		deliver methamphetamine, methamphetamine conspiracy
5		when the substance containing the controlled substance
6		or methamphetamine is 100 grams or more shall receive
7		no more than 7.5 days good conduct credit for each
8		month of his or her sentence of imprisonment; and
9		(vi) that a prisoner serving a sentence for a
10		second or subsequent offense of luring a minor shall
11		receive no more than 4.5 days of good conduct credit
12		for each month of his or her sentence of imprisonment;
13		and .
14		(vii) that a prisoner serving a sentence for
15		aggravated domestic battery shall receive no more than
16		4.5 days of good conduct credit for each month of his
17		or her sentence of imprisonment.
18		(2.1) For all offenses, other than those enumerated in
19		subdivision (a)(2)(i), (ii), or (iii) committed on or after
20		June 19, 1998 or subdivision (a)(2)(iv) committed on or
21		after June 23, 2005 (the effective date of Public Act
22		94-71) or subdivision (a)(2)(v) committed on or after
23		August 13, 2007 (the effective date of Public Act 95-134)
24		or subdivision (a)(2)(vi) committed on or after June 1,
25		2008 (the effective date of Public Act 95-625) or
26		subdivision (a)(2)(vii) committed on or after the

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1		effective date of this amendatory Act of the 96th General
2		Assembly, and other than the offense of reckless homicide
3		as defined in subsection (e) of Section 9-3 of the Criminal
4		Code of 1961 committed on or after January 1, 1999, or
5		aggravated driving under the influence of alcohol, other
6		drug or drugs, or intoxicating compound or compounds, or
7		any combination thereof as defined in subparagraph (F) of
8		paragraph (1) of subsection (d) of Section 11-501 of the
9		Illinois Vehicle Code, the rules and regulations shall
10		provide that a prisoner who is serving a term of
11		imprisonment shall receive one day of good conduct credit
12		for each day of his or her sentence of imprisonment or
13		recommitment under Section 3-3-9. Each day of good conduct
14		credit shall reduce by one day the prisoner's period of
15		imprisonment or recommitment under Section 3-3-9.
16		(2.2) A prisoner serving a term of natural life
17		imprisonment or a prisoner who has been sentenced to death
18		shall receive no good conduct credit.
19		(2.3) The rules and regulations on early release shall
20		provide that a prisoner who is serving a sentence for
21		reckless homicide as defined in subsection (e) of Section
22		9-3 of the Criminal Code of 1961 committed on or after
23		January 1, 1999, or aggravated driving under the influence
24		of alcohol, other drug or drugs, or intoxicating compound
25		or compounds, or any combination thereof as defined in
26		subparagraph (F) of paragraph (1) of subsection (d) of

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1		Section 11-501 of the Illinois Vehicle Code, shall receive
2		no more than 4.5 days of good conduct credit for each month
3		of his or her sentence of imprisonment.
4		(2.4) The rules and regulations on early release shall
5		provide with respect to the offenses of aggravated battery
6		with a machine gun or a firearm equipped with any device or
7		attachment designed or used for silencing the report of a
8		firearm or aggravated discharge of a machine gun or a
9		firearm equipped with any device or attachment designed or
10		used for silencing the report of a firearm, committed on or
11		after July 15, 1999 (the effective date of Public Act
12		91-121), that a prisoner serving a sentence for any of
13		these offenses shall receive no more than 4.5 days of good
14		conduct credit for each month of his or her sentence of
15		imprisonment.
16		(2.5) The rules and regulations on early release shall
17		provide that a prisoner who is serving a sentence for
18		aggravated arson committed on or after July 27, 2001 (the
19		effective date of Public Act 92-176) shall receive no more
20		than 4.5 days of good conduct credit for each month of his
21		or her sentence of imprisonment.
22		(3) The rules and regulations shall also provide that
23		the Director may award up to 180 days additional good
24		conduct credit for meritorious service in specific
25		instances as the Director deems proper; except that no more
26		than 90 days of good conduct credit for meritorious service

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1		shall be awarded to any prisoner who is serving a sentence
2		for conviction of first degree murder, reckless homicide
3		while under the influence of alcohol or any other drug, or
4		aggravated driving under the influence of alcohol, other
5		drug or drugs, or intoxicating compound or compounds, or
6		any combination thereof as defined in subparagraph (F) of
7		paragraph (1) of subsection (d) of Section 11-501 of the
8		Illinois Vehicle Code, aggravated kidnapping, kidnapping,
9		predatory criminal sexual assault of a child, aggravated
10		criminal sexual assault, criminal sexual assault, deviate
11		sexual assault, aggravated criminal sexual abuse,
12		aggravated indecent liberties with a child, indecent
13		liberties with a child, child pornography, heinous
14		battery, aggravated battery of a spouse, aggravated
15		battery of a spouse with a firearm, stalking, aggravated
16		stalking, aggravated battery of a child, endangering the
17		life or health of a child, or cruelty to a child.
18		Notwithstanding the foregoing, good conduct credit for
19		meritorious service shall not be awarded on a sentence of
20		imprisonment imposed for conviction of: (i) one of the
21		offenses enumerated in subdivision (a)(2)(i), (ii), or
22		(iii) when the offense is committed on or after June 19,
23		1998 or subdivision (a)(2)(iv) when the offense is
24		committed on or after June 23, 2005 (the effective date of
25		Public Act 94-71) or subdivision (a)(2)(v) when the offense
26		is committed on or after August 13, 2007 (the effective

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1		date of Public Act 95-134) or subdivision (a)(2)(vi) when
2		the offense is committed on or after June 1, 2008 (the
3		effective date of Public Act 95-625) or subdivision
4		(a)(2)(vii) when the offense is committed on or after the
5		effective date of this amendatory Act of the 96th General
6		Assembly, (ii) reckless homicide as defined in subsection
7		(e) of Section 9-3 of the Criminal Code of 1961 when the
8		offense is committed on or after January 1, 1999, or
9		aggravated driving under the influence of alcohol, other
10		drug or drugs, or intoxicating compound or compounds, or
11		any combination thereof as defined in subparagraph (F) of
12		paragraph (1) of subsection (d) of Section 11-501 of the
13		Illinois Vehicle Code, (iii) one of the offenses enumerated
14		in subdivision (a)(2.4) when the offense is committed on or
15		after July 15, 1999 (the effective date of Public Act
16		91-121), or (iv) aggravated arson when the offense is
17		committed on or after July 27, 2001 (the effective date of
18		Public Act 92-176).
19		(4) The rules and regulations shall also provide that
20		the good conduct credit accumulated and retained under
21		paragraph (2.1) of subsection (a) of this Section by any
22		inmate during specific periods of time in which such inmate
23		is engaged full-time in substance abuse programs,
24		correctional industry assignments, or educational programs
25		provided by the Department under this paragraph (4) and
26		satisfactorily completes the assigned program as

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1		determined by the standards of the Department, shall be
2		multiplied by a factor of 1.25 for program participation
3		before August 11, 1993 and 1.50 for program participation
4		on or after that date. However, no inmate shall be eligible
5		for the additional good conduct credit under this paragraph
6		(4) or (4.1) of this subsection (a) while assigned to a
7		boot camp or electronic detention, or if convicted of an
8		offense enumerated in subdivision (a)(2)(i), (ii), or
9		(iii) of this Section that is committed on or after June
10		19, 1998 or subdivision (a)(2)(iv) of this Section that is
11		committed on or after June 23, 2005 (the effective date of
12		Public Act 94-71) or subdivision (a)(2)(v) of this Section
13		that is committed on or after August 13, 2007 (the
14		effective date of Public Act 95-134) or subdivision
15		(a)(2)(vi) when the offense is committed on or after June
16		1, 2008 (the effective date of Public Act 95-625) or
17		subdivision (a)(2)(vii) when the offense is committed on or
18		after the effective date of this amendatory Act of the 96th
19		General Assembly, or if convicted of reckless homicide as
20		defined in subsection (e) of Section 9-3 of the Criminal
21		Code of 1961 if the offense is committed on or after
22		January 1, 1999, or aggravated driving under the influence
23		of alcohol, other drug or drugs, or intoxicating compound
24		or compounds, or any combination thereof as defined in
25		subparagraph (F) of paragraph (1) of subsection (d) of
26		Section 11-501 of the Illinois Vehicle Code, or if

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1		convicted of an offense enumerated in paragraph (a)(2.4) of
2		this Section that is committed on or after July 15, 1999
3		(the effective date of Public Act 91-121), or first degree
4		murder, a Class X felony, criminal sexual assault, felony
5		criminal sexual abuse, aggravated criminal sexual abuse,
6		aggravated battery with a firearm, or any predecessor or
7		successor offenses with the same or substantially the same
8		elements, or any inchoate offenses relating to the
9		foregoing offenses. No inmate shall be eligible for the
10		additional good conduct credit under this paragraph (4) who
11		(i) has previously received increased good conduct credit
12		under this paragraph (4) and has subsequently been
13		convicted of a felony, or (ii) has previously served more
14		than one prior sentence of imprisonment for a felony in an
15		adult correctional facility.
16		Educational, vocational, substance abuse and
17		correctional industry programs under which good conduct
18		credit may be increased under this paragraph (4) and
19		paragraph (4.1) of this subsection (a) shall be evaluated
20		by the Department on the basis of documented standards. The
21		Department shall report the results of these evaluations to
22		the Governor and the General Assembly by September 30th of
23		each year. The reports shall include data relating to the
24		recidivism rate among program participants.
25		Availability of these programs shall be subject to the
26		limits of fiscal resources appropriated by the General

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1		Assembly for these purposes. Eligible inmates who are
2		denied immediate admission shall be placed on a waiting
3		list under criteria established by the Department. The
4		inability of any inmate to become engaged in any such
5		programs by reason of insufficient program resources or for
6		any other reason established under the rules and
7		regulations of the Department shall not be deemed a cause
8		of action under which the Department or any employee or
9		agent of the Department shall be liable for damages to the
10		inmate.
11		(4.1) The rules and regulations shall also provide that
12		an additional 60 days of good conduct credit shall be
13		awarded to any prisoner who passes the high school level
14		Test of General Educational Development (GED) while the
15		prisoner is incarcerated. The good conduct credit awarded
16		under this paragraph (4.1) shall be in addition to, and
17		shall not affect, the award of good conduct under any other
18		paragraph of this Section, but shall also be pursuant to
19		the guidelines and restrictions set forth in paragraph (4)
20		of subsection (a) of this Section. The good conduct credit
21		provided for in this paragraph shall be available only to
22		those prisoners who have not previously earned a high
23		school diploma or a GED. If, after an award of the GED good
24		conduct credit has been made and the Department determines
25		that the prisoner was not eligible, then the award shall be
26		revoked.

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1		(4.5) The rules and regulations on early release shall
2		also provide that when the court's sentencing order
3		recommends a prisoner for substance abuse treatment and the
4		crime was committed on or after September 1, 2003 (the
5		effective date of Public Act 93-354), the prisoner shall
6		receive no good conduct credit awarded under clause (3) of
7		this subsection (a) unless he or she participates in and
8		completes a substance abuse treatment program. The
9		Director may waive the requirement to participate in or
10		complete a substance abuse treatment program and award the
11		good conduct credit in specific instances if the prisoner
12		is not a good candidate for a substance abuse treatment
13		program for medical, programming, or operational reasons.
14		Availability of substance abuse treatment shall be subject
15		to the limits of fiscal resources appropriated by the
16		General Assembly for these purposes. If treatment is not
17		available and the requirement to participate and complete
18		the treatment has not been waived by the Director, the
19		prisoner shall be placed on a waiting list under criteria
20		established by the Department. The Director may allow a
21		prisoner placed on a waiting list to participate in and
22		complete a substance abuse education class or attend
23		substance abuse self-help meetings in lieu of a substance
24		abuse treatment program. A prisoner on a waiting list who
25		is not placed in a substance abuse program prior to release
26		may be eligible for a waiver and receive good conduct

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1		credit under clause (3) of this subsection (a) at the
2		discretion of the Director.
3		(4.6) The rules and regulations on early release shall
4		also provide that a prisoner who has been convicted of a
5		sex offense as defined in Section 2 of the Sex Offender
6		Registration Act shall receive no good conduct credit
7		unless he or she either has successfully completed or is
8		participating in sex offender treatment as defined by the
9		Sex Offender Management Board. However, prisoners who are
10		waiting to receive such treatment, but who are unable to do
11		so due solely to the lack of resources on the part of the
12		Department, may, at the Director's sole discretion, be
13		awarded good conduct credit at such rate as the Director
14		shall determine.
15		(5) Whenever the Department is to release any inmate
16		earlier than it otherwise would because of a grant of good
17		conduct credit for meritorious service given at any time
18		during the term, the Department shall give reasonable
19		advance notice of the impending release to the State's
20		Attorney of the county where the prosecution of the inmate
21		took place.
22		(b) Whenever a person is or has been committed under
23		several convictions, with separate sentences, the sentences
24		shall be construed under Section 5-8-4 in granting and
25		forfeiting of good time.
26		(c) The Department shall prescribe rules and regulations

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1		for revoking good conduct credit, or suspending or reducing the
2		rate of accumulation of good conduct credit for specific rule
3		violations, during imprisonment. These rules and regulations
4		shall provide that no inmate may be penalized more than one
5		year of good conduct credit for any one infraction.
6		When the Department seeks to revoke, suspend or reduce the
7		rate of accumulation of any good conduct credits for an alleged
8		infraction of its rules, it shall bring charges therefor
9		against the prisoner sought to be so deprived of good conduct
10		credits before the Prisoner Review Board as provided in
11		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12		amount of credit at issue exceeds 30 days or when during any 12
13		month period, the cumulative amount of credit revoked exceeds
14		30 days except where the infraction is committed or discovered
15		within 60 days of scheduled release. In those cases, the
16		Department of Corrections may revoke up to 30 days of good
17		conduct credit. The Board may subsequently approve the
18		revocation of additional good conduct credit, if the Department
19		seeks to revoke good conduct credit in excess of 30 days.
20		However, the Board shall not be empowered to review the
21		Department's decision with respect to the loss of 30 days of
22		good conduct credit within any calendar year for any prisoner
23		or to increase any penalty beyond the length requested by the
24		Department.
25		The Director of the Department of Corrections, in
26		appropriate cases, may restore up to 30 days good conduct

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1		credits which have been revoked, suspended or reduced. Any
2		restoration of good conduct credits in excess of 30 days shall
3		be subject to review by the Prisoner Review Board. However, the
4		Board may not restore good conduct credit in excess of the
5		amount requested by the Director.
6		Nothing contained in this Section shall prohibit the
7		Prisoner Review Board from ordering, pursuant to Section
8		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
9		sentence imposed by the court that was not served due to the
10		accumulation of good conduct credit.
11		(d) If a lawsuit is filed by a prisoner in an Illinois or
12		federal court against the State, the Department of Corrections,
13		or the Prisoner Review Board, or against any of their officers
14		or employees, and the court makes a specific finding that a
15		pleading, motion, or other paper filed by the prisoner is
16		frivolous, the Department of Corrections shall conduct a
17		hearing to revoke up to 180 days of good conduct credit by
18		bringing charges against the prisoner sought to be deprived of
19		the good conduct credits before the Prisoner Review Board as
20		provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
21		If the prisoner has not accumulated 180 days of good conduct
22		credit at the time of the finding, then the Prisoner Review
23		Board may revoke all good conduct credit accumulated by the
24		prisoner.
25		For purposes of this subsection (d):
26		(1) "Frivolous" means that a pleading, motion, or other

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1		filing which purports to be a legal document filed by a
2		prisoner in his or her lawsuit meets any or all of the
3		following criteria:
4		(A) it lacks an arguable basis either in law or in
5		fact;
6		(B) it is being presented for any improper purpose,
7		such as to harass or to cause unnecessary delay or
8		needless increase in the cost of litigation;
9		(C) the claims, defenses, and other legal
10		contentions therein are not warranted by existing law
11		or by a nonfrivolous argument for the extension,
12		modification, or reversal of existing law or the
13		establishment of new law;
14		(D) the allegations and other factual contentions
15		do not have evidentiary support or, if specifically so
16		identified, are not likely to have evidentiary support
17		after a reasonable opportunity for further
18		investigation or discovery; or
19		(E) the denials of factual contentions are not
20		warranted on the evidence, or if specifically so
21		identified, are not reasonably based on a lack of
22		information or belief.
23		(2) "Lawsuit" means a motion pursuant to Section 116-3
24		of the Code of Criminal Procedure of 1963, a habeas corpus
25		action under Article X of the Code of Civil Procedure or
26		under federal law (28 U.S.C. 2254), a petition for claim

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1		under the Court of Claims Act, an action under the federal
2		Civil Rights Act (42 U.S.C. 1983), or a second or
3		subsequent petition for post-conviction relief under
4		Article 122 of the Code of Criminal Procedure of 1963
5		whether filed with or without leave of court or a second or
6		subsequent petition for relief from judgment under Section
7		2-1401 of the Code of Civil Procedure.
8		(e) Nothing in Public Act 90-592 or 90-593 affects the
9		validity of Public Act 89-404.
10		(f) Whenever the Department is to release any inmate who
11		has been convicted of a violation of an order of protection
12		under Section 12-30 of the Criminal Code of 1961, earlier than
13		it otherwise would because of a grant of good conduct credit,
14		the Department, as a condition of such early release, shall
15		require that the person, upon release, be placed under
16		electronic surveillance as provided in Section 5-8A-7 of this
17		Code.
18		(Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
19		eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
20		eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
21		eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
22		eff. 8-21-08.)
23		Section 99. Effective date. This Act takes effect upon
24		becoming law.