Bill Text: IL HB0699 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that the penalty for aggravated battery that causes great bodily harm, or permanent disability or disfigurement to any victim (rather than to specified categories of persons) is a Class 1 felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery that causes great bodily harm, or permanent disability or disfigurement shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0699 Detail]

Download: Illinois-2009-HB0699-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0699 Introduced 2/6/2009, by Rep. James D. Brosnahan SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-4 from Ch. 38, par. 12-4
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Criminal Code of 1961. Provides that the penalty for aggravated battery that causes great bodily harm, or permanent disability or disfigurement to any victim (rather than to specified categories of persons) is a Class 1 felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery that causes great bodily harm, or permanent disability or disfigurement shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.
LRB096 04553 RLC 14608 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0699 LRB096 04553 RLC 14608 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 12-4 as follows:
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the discharge of
a firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) (Blank);
(5) (Blank);

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(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the
execution of any official duties, or to prevent the
volunteer from performing official duties, or in
retaliation for the volunteer performing official duties,
and the battery is committed other than by the discharge of
a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, other medical assistance,
first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to
prevent the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, other
medical assistance, first aid personnel, or hospital
personnel from performing official duties, or in
retaliation for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium,
community or convention hall, special event center,
amusement facility, or a special event center in a public

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park during any 24-hour period when a professional sporting
event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking
place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(10) Knows the individual harmed to be an individual of
60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who is
physically handicapped;
(15) Knowingly and without legal justification and by
any means causes bodily harm to a merchant who detains the

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person for an alleged commission of retail theft under
Section 16A-5 of this Code. In this item (15), "merchant"
has the meaning ascribed to it in Section 16A-2.4 of this
Code;
(16) Is, or the person battered is, in any building or
other structure used to provide shelter or other services
to victims or to the dependent children of victims of
domestic violence pursuant to the Illinois Domestic
Violence Act of 1986 or the Domestic Violence Shelters Act,
or the person battered is within 500 feet of such a
building or other structure while going to or from such a
building or other structure. "Domestic violence" has the
meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure
used to provide shelter" has the meaning ascribed to
"shelter" in Section 1 of the Domestic Violence Shelters
Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local
government, or school district engaged in the performance
of his or her authorized duties as such officer or
employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his
or her official duties, or to prevent the emergency

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management worker from performing official duties, or in
retaliation for the emergency management worker performing
official duties;
(20) Knows the individual harmed to be a private
security officer engaged in the performance of any of his
or her official duties, or to prevent the private security
officer from performing official duties, or in retaliation
for the private security officer performing official
duties; or
(21) Knows the individual harmed to be a taxi driver
and the battery is committed while the taxi driver is on
duty; or
(22) Knows the individual harmed to be a utility
worker, while the utility worker is engaged in the
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (22), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an
independent contractor or an employee of an independent
contractor working on behalf of a cable television company,
public utility, municipally owned utility, or an electric

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cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
(d) A person who knowingly gives to another person any food

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that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
(d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
(d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2),
(3), and (4) aggravated battery is a Class 3 felony.
(2) Aggravated battery that does not cause great bodily
harm or permanent disability or disfigurement is a Class 2
felony when the person knows the individual harmed to be a
peace officer, a community policing volunteer, a private
security officer, a correctional institution employee, an

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employee of the Department of Human Services supervising or
controlling sexually dangerous persons or sexually violent
persons, or a fireman while such officer, volunteer,
employee, or fireman is engaged in the execution of any
official duties including arrest or attempted arrest, or to
prevent the officer, volunteer, employee, or fireman from
performing official duties, or in retaliation for the
officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by
the discharge of a firearm.
(3) Aggravated battery that causes great bodily harm or
permanent disability or disfigurement in violation of
subsection (a) is a Class 1 felony when the person knows
the individual harmed to be a peace officer, a community
policing volunteer, a private security officer, a
correctional institution employee, an employee of the
Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or
a fireman while such officer, volunteer, employee, or
fireman is engaged in the execution of any official duties
including arrest or attempted arrest, or to prevent the
officer, volunteer, employee, or fireman from performing
official duties, or in retaliation for the officer,
volunteer, employee, or fireman performing official
duties, and the battery is committed other than by the
discharge of a firearm.

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(4) Aggravated battery under subsection (d-5) is a
Class 2 felony.
(Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333,
eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06;
95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07;
95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff.
8-21-08.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-6-3 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 listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed

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habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or with respect to the offense of
aggravated battery under subsection (a) of Section 12-4 of
the Criminal Code of 1961 committed on or after the
effective date of this amendatory Act of the 96th General
Assembly, the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism 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,
being an armed habitual criminal, 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;
(iii) that a prisoner serving a sentence for home

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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;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961, or a Class X felony
conviction for delivery of a controlled substance,
possession of a controlled substance with intent to
manufacture or deliver, calculated criminal drug

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conspiracy, criminal drug conspiracy, street gang
criminal drug conspiracy, participation in
methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing,
delivery of methamphetamine, possession with intent to
deliver methamphetamine, aggravated delivery of
methamphetamine, aggravated possession with intent to
deliver methamphetamine, methamphetamine conspiracy
when the substance containing the controlled substance
or methamphetamine is 100 grams or more shall receive
no more than 7.5 days good conduct credit for each
month of his or her sentence of imprisonment; and
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall
receive no more than 4.5 days of good conduct credit
for each month of his or her sentence of imprisonment;
and
(vii) that a prisoner serving a sentence for
aggravated battery under subsection (a) of Section
12-4 of the Criminal Code of 1961 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)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act

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94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after the
effective date of this amendatory Act of the 96th General
Assembly, 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 January 1, 1999, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, 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 a sentence for
reckless homicide as defined in subsection (e) of Section

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9-3 of the Criminal Code of 1961 committed on or after
January 1, 1999, or aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound
or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.4) The rules and regulations on early release shall
provide with respect to the offenses of aggravated battery
with a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act
91-121), that a prisoner serving a sentence for any of
these offenses shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.

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(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, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, 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, or cruelty to a child.
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)(i), (ii), or

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(iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after the
effective date of this amendatory Act of the 96th General
Assembly, (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 January 1, 1999, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), or (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176).
(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

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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 August 11, 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) or (4.1) of this subsection (a) while assigned to a
boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or
(iii) of this Section that is committed on or after June
19, 1998 or subdivision (a)(2)(iv) of this Section that is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) of this Section
that is committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or subdivision
(a)(2)(vi) when the offense is committed on or after June
1, 2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) of this Section that is committed
on or after the effective date of this amendatory Act of
the 96th General Assembly, 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

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after January 1, 1999, or aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as
defined in subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, or if
convicted of an offense enumerated in paragraph (a)(2.4) of
this Section that is committed on or after July 15, 1999
(the effective date of Public Act 91-121), 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) and
paragraph (4.1) of this subsection (a) shall be evaluated
by the Department on the basis of documented standards. The
Department shall report the results of these evaluations to

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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.
(4.1) The rules and regulations shall also provide that
an additional 60 days of good conduct credit shall be
awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the
prisoner is incarcerated. The good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of good conduct under any other
paragraph of this Section, but shall also be pursuant to
the guidelines and restrictions set forth in paragraph (4)
of subsection (a) of this Section. The good conduct credit
provided for in this paragraph shall be available only to

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those prisoners who have not previously earned a high
school diploma or a GED. If, after an award of the GED good
conduct credit has been made and the Department determines
that the prisoner was not eligible, then the award shall be
revoked.
(4.5) The rules and regulations on early release shall
also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no good conduct credit awarded under clause (3) of
this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
good conduct credit in specific instances if the prisoner
is not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and

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complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who
is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive good conduct
credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on early release shall
also provide that a prisoner who has been convicted of a
sex offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no good conduct credit
unless he or she either has successfully completed or is
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive such treatment, but who are unable to do
so due solely to the lack of resources on the part of the
Department, may, at the Director's sole discretion, be
awarded good conduct credit at such rate as the Director
shall determine.
(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.

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(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

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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

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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

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

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eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.