Bill Text: IL HB3029 | 2013-2014 | 98th General Assembly | Introduced

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

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections shall immediately upon release of an inmate earlier than it otherwise would because of a grant of sentence credit for good conduct email the police department of the municipality into which the inmate is released that the inmate has been released into that municipality, or if the inmate is released into an unincorporated area or an area that does not have a police department, the Department shall email the county sheriff of the county in which the unincorporated area or municipality without a police department is located that the inmate has been released into an unincorporated area or an area that does not have a police department that is located in that county.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0267 [HB3029 Detail]

Download: Illinois-2013-HB3029-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3029 Introduced , by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Unified Code of Corrections. Provides that the Department of Corrections shall immediately upon release of an inmate earlier than it otherwise would because of a grant of sentence credit for good conduct email the police department of the municipality into which the inmate is released that the inmate has been released into that municipality, or if the inmate is released into an unincorporated area or an area that does not have a police department, the Department shall email the county sheriff of the county in which the unincorporated area or municipality without a police department is located that the inmate has been released into an unincorporated area or an area that does not have a police department that is located in that county.
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A BILL FOR
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AN ACT concerning criminal law.
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 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 Sentence Credit.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for awarding and revoking sentence
credit for persons committed to the Department which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may
be awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after

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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
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 domestic battery committed on or after July 23,
2010 (the effective date of Public Act 96-1224) or with
respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date
of Public Act 97-990), 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 sentence credit and shall
serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit terrorism, 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

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assault, aggravated kidnapping, aggravated battery
with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section
12-4.6 or subdivision (a)(4) of Section 12-3.05, or
aggravated battery of a child as described in Section
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
receive no more than 4.5 days of sentence credit for
each month of his or her sentence of imprisonment;
(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 sentence
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

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in great bodily harm to the victim, shall receive no
more than 4.5 days of sentence 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 the Criminal Code
of 2012, 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 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 sentence credit for each month of his or her
sentence of imprisonment;

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(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 sentence credit for
each month of his or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than
4.5 days of sentence 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
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 July 23, 2010
(the effective date of Public Act 96-1224), and other than
the offense of 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, and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in

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subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall
receive one day of sentence credit for each day of his or
her sentence of imprisonment or recommitment under Section
3-3-9. Each day of sentence 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 sentence credit.
(2.3) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
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 sentence credit for each month of his or her sentence of
imprisonment.
(2.4) The rules and regulations on sentence credit
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

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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 sentence credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on sentence credit
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 sentence credit for each month of his or
her sentence of imprisonment.
(2.6) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence 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 sentence

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credit for good conduct in specific instances as the
Director deems proper. The good conduct may include, but is
not limited to, compliance with the rules and regulations
of the Department, service to the Department, service to a
community, or service to the State. However, the Director
shall not award more than 90 days of sentence credit for
good conduct 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
as described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, aggravated battery of a spouse,
aggravated battery of a spouse with a firearm, stalking,
aggravated stalking, aggravated battery of a child as
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, endangering the life or health of a child,
or cruelty to a child. Notwithstanding the foregoing,

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sentence credit for good conduct 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 (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 July
23, 2010 (the effective date of Public Act 96-1224), (ii)
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), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating

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compound or compounds or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.

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The Director shall determine the form and content of
the written determination required in this subsection.
(3.5) The Department shall provide annual written
reports to the Governor and the General Assembly on the
award of sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence 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, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completes the assigned

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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. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer
substance abuse program, educational program, behavior
modification program, life skills course, or re-entry
planning provided by the county department of corrections
or county jail. Calculation of this county program credit
shall be done at sentencing as provided in Section
5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for
the additional sentence 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

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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 July
23, 2010 (the effective date of Public Act 96-1224), or if
convicted of 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 aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), 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 as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the

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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, behavior
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence 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 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

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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 sentence credit shall be awarded
to any prisoner who passes the high school level Test of
General Educational Development (GED) while the prisoner
is committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in
addition to, and shall not affect, the award of sentence
credit 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 sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a GED. If, after an award
of the GED sentence credit has been made and the Department
determines that the prisoner was not eligible, then the
award shall be revoked. The Department may also award 60
days of sentence credit to any committed person who passed
the high school level Test of General Educational
Development (GED) while he or she was held in pre-trial
detention prior to the current commitment to the Department
of Corrections.
(4.5) The rules and regulations on sentence credit

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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 sentence 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
sentence 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
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 sentence credit
under clause (3) of this subsection (a) at the discretion

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of the Director.
(4.6) The rules and regulations on sentence credit
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 sentence 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 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 sentence credit at a 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
sentence credit for good conduct under paragraph (3) of
subsection (a) of this Section given at any time during the
term, the Department shall give reasonable notice of the
impending release not less than 14 days prior to the date
of the release to the State's Attorney of the county where
the prosecution of the inmate took place, and if
applicable, the State's Attorney of the county into which
the inmate will be released. The Department shall
immediately upon release of an inmate earlier than it
otherwise would because of a grant of sentence credit for
good conduct under paragraph (3) of subsection (a) of this

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Section email the police department of the municipality
into which the inmate is released that the inmate has been
released into that municipality, or if the inmate is
released into an unincorporated area or an area that does
not have a police department, the Department shall email
the county sheriff of the county in which the
unincorporated area or municipality without a police
department is located that the inmate has been released
into an unincorporated area or an area that does not have a
police department that is located in that county. The
Department must also make identification information and a
recent photo of the inmate being released accessible on the
Internet by means of a hyperlink labeled "Community
Notification of Inmate Early Release" on the Department's
World Wide Web homepage. The identification information
shall include the inmate's: name, any known alias, date of
birth, physical characteristics, residence address,
commitment offense and county where conviction was
imposed. The identification information shall be placed on
the website within 3 days of the inmate's release and the
information may not be removed until either: completion of
the first year of mandatory supervised release or return of
the inmate to custody of the Department.
(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

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forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
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 sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence 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 sentence credit within any

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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 of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence 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 sentence 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 sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence 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 sentence credit at the
time of the finding, then the Prisoner Review Board may revoke

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all sentence 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 motion pursuant to Section 116-3

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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 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of 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. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
97-1150, eff. 1-25-13.)