Bill Text: IL HB5219 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-15 - Added Co-Sponsor Rep. Lilian Jiménez [HB5219 Detail]

Download: Illinois-2023-HB5219-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5219 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-3
Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025.
LRB103 37610 RLC 67736 b
A BILL FOR
HB5219 LRB103 37610 RLC 67736 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 Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3)
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 of Corrections and the
Department of Juvenile Justice shall prescribe rules and
regulations for awarding and revoking sentence credit for
persons committed to the Department of Juvenile Justice under
Section 5-8-6 of the Unified Code of Corrections, 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 of Corrections or the Department
of Juvenile Justice or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or

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(C) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations shall provide that the
individual in custody shall receive one day of sentence credit
for each day of service in prison other than when a sentence of
natural life imprisonment has been imposed. Each day of
sentence credit shall reduce by one day the incarcerated
person's period of incarceration set by the court. Except as
provided in paragraph (4.7) of this subsection (a), 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 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

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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 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

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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 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

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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;
(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) Within 6 months after the effective date of this
amendatory Act of the 103rd General Assembly, the Department
of Corrections shall recalculate each incarcerated person's
release date by crediting each person one day sentence credit
for each day the incarcerated person has spent in prison on the
current sentence. 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

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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 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 an incarcerated person 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 incarcerated
person's prisoner's period of imprisonment or recommitment
under Section 3-3-9.
(2.2) An incarcerated person A prisoner serving a term of
natural life imprisonment shall be eligible to accumulate
sentencing credit if his or her sentence is reduced to less
than a sentence of natural life imprisonment, which shall be

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credited toward his or her new sentence receive no sentence
credit.
(2.3) (Blank). Except as provided in paragraph (4.7) of
this subsection (a), 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) (Blank). Except as provided in paragraph (4.7) of
this subsection (a), 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 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) (Blank). Except as provided in paragraph (4.7) of

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this subsection (a), 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) (Blank). Except as provided in paragraph (4.7) of
this subsection (a), 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) In addition to the sentence credits earned under
paragraphs (2), (2.1), (4), (4.1), and (4.2), and (4.7) of
this subsection (a), the rules and regulations shall also
provide that the Director of Corrections or the Director of
Juvenile Justice may award up to 180 days of earned sentence
credit for incarcerated persons prisoners serving a sentence
of incarceration of less than 5 years, and up to 365 days of
earned sentence credit for incarcerated persons prisoners
serving a sentence of 5 years or longer. The Director may grant

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this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of
each Director's respective Department. 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.
Incarcerated persons eligible Eligible inmates for an
award of earned sentence credit under this paragraph (3) may
be selected to receive the credit at either Director's or his
or her designee's sole discretion. Eligibility for the
additional earned sentence credit under this paragraph (3) may
be based on, but is not limited to, participation in
programming offered by the Department as appropriate for the
incarcerated person prisoner based on the results of any
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a
validated instrument, the circumstances of the crime,
demonstrated commitment to rehabilitation by an incarcerated
person a prisoner with a history of conviction for a forcible
felony enumerated in Section 2-8 of the Criminal Code of 2012,
the incarcerated person's inmate's behavior and improvements
in disciplinary history while incarcerated, and the
incarcerated person's inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
The Director of Corrections or the Director of Juvenile

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Justice shall not award sentence credit under this paragraph
(3) to an incarcerated person inmate unless the incarcerated
person inmate has served a minimum of 60 days of the sentence,
including time served in a county jail; except nothing in this
paragraph shall be construed to permit either Director to
extend an incarcerated person's inmate's sentence beyond that
which was imposed by the court. Prior to awarding credit under
this paragraph (3), each Director shall make a written
determination that the incarcerated person inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile
Justice 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 earned
sentence credit no later than February 1 of each year. 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:

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(A) the number of incarcerated persons inmates awarded
earned sentence credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) The Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any incarcerated person prisoner who is engaged full-time
in substance abuse programs, correctional industry
assignments, educational programs, work-release programs or
activities in accordance with Article 13 of Chapter III of
this Code, behavior modification programs, life skills
courses, or re-entry planning provided by the Department under
this paragraph (4) and satisfactorily completes the assigned
program as determined by the standards of the Department,
shall receive one day of sentence credit for each day in which
that incarcerated person prisoner is engaged in the activities
described in this paragraph. The rules and regulations shall
also provide that sentence credit may be provided to an
incarcerated person 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

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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. The rules and
regulations shall also provide that sentence credit may be
provided to an incarcerated person inmate who is in compliance
with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified
in subparagraph (C) of this paragraph (4) to an incarcerated
person inmate serving a sentence for an offense committed
prior to June 19, 1998, if the Department determines that the
incarcerated person inmate is entitled to this sentence
credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time 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 completed the assigned
program as determined by the standards of the Department
during the incarcerated person's inmate's current term of
incarceration; or
(ii) the incarcerated person's inmate's own testimony
in the form of an affidavit or documentation, or a third

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party's documentation or testimony in the form of an
affidavit that the incarcerated person inmate likely
engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the incarcerated person's inmate's current term of
incarceration.
(C) If the incarcerated person inmate can provide
documentation that he or she is entitled to sentence credit
under subparagraph (B) in excess of 45 days of participation
in those programs, the incarcerated person inmate shall
receive 90 days of sentence credit. If the incarcerated person
inmate cannot provide documentation of more than 45 days of
participation in those programs, the incarcerated person
inmate shall receive 45 days of sentence credit. In the event
of a disagreement between the Department and the incarcerated
person inmate as to the amount of credit accumulated under
subparagraph (B), if the Department provides documented proof
of a lesser amount of days of participation in those programs,
that proof shall control. If the Department provides no
documentary proof, the incarcerated person's inmate's proof as
set forth in clause (ii) of subparagraph (B) shall control as
to the amount of sentence credit provided.

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(D) If the incarcerated person inmate has been convicted
of a sex offense as defined in Section 2 of the Sex Offender
Registration Act, sentencing credits under subparagraph (B) of
this paragraph (4) shall be awarded by the Department only if
the conditions set forth in paragraph (4.6) of subsection (a)
are satisfied. No incarcerated person inmate serving a term of
natural life imprisonment shall receive sentence credit under
subparagraph (B) of this paragraph (4) except in the case that
his or her sentence is later reduced as provided under
paragraph (2.2) of subsection (a).
(E) The rules and regulations shall provide for the
recalculation of program credits awarded pursuant to this
paragraph (4) prior to July 1, 2021 (the effective date of
Public Act 101-652) at the rate set for such credits on and
after July 1, 2021.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned 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

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limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible incarcerated persons
inmates who are denied immediate admission shall be placed on
a waiting list under criteria established by the Department.
The rules and regulations shall provide that an incarcerated
person a prisoner who has been placed on a waiting list but is
transferred for non-disciplinary reasons before beginning a
program shall receive priority placement on the waitlist for
appropriate programs at the new facility. The inability of any
incarcerated person 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 incarcerated
person inmate. The rules and regulations shall provide that an
incarcerated person a prisoner who begins an educational,
vocational, substance abuse, work-release programs or
activities in accordance with Article 13 of Chapter III of
this Code, behavior modification program, life skills course,
re-entry planning, or correctional industry programs but is
unable to complete the program due to illness, disability,
transfer, lockdown, or another reason outside of the
incarcerated person's prisoner's control shall receive
prorated sentence credits for the days in which the
incarcerated person prisoner did participate.

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(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any incarcerated person prisoner who passes high school
equivalency testing while the incarcerated person 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 incarcerated persons prisoners who have not
previously earned a high school diploma or a State of Illinois
High School Diploma. If, after an award of the high school
equivalency testing sentence credit has been made, the
Department determines that the incarcerated person prisoner
was not eligible, then the award shall be revoked. The
Department may also award 90 days of sentence credit to any
committed person who passed high school equivalency testing
while he or she was held in pre-trial detention prior to the
current commitment to the Department of Corrections. Except as
provided in paragraph (4.7) of this subsection (a), the rules
and regulations shall provide that an additional 120 days of
sentence credit shall be awarded to any incarcerated person
prisoner who obtains an associate degree while the

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incarcerated person prisoner is committed to the Department of
Corrections, regardless of the date that the associate degree
was obtained, including if prior to July 1, 2021 (the
effective date of Public Act 101-652). 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 under the
guidelines and restrictions set forth in paragraph (4) of
subsection (a) of this Section. The sentence credit provided
for in this paragraph (4.1) shall be available only to those
incarcerated persons prisoners who have not previously earned
an associate degree prior to the current commitment to the
Department of Corrections. If, after an award of the associate
degree sentence credit has been made and the Department
determines that the incarcerated person prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
incarcerated person prisoner who obtains a bachelor's degree
while the incarcerated person prisoner is committed to the
Department of Corrections. The sentence credit awarded under

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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 under the guidelines and
restrictions set forth in paragraph (4) of this subsection
(a). The sentence credit provided for in this paragraph shall
be available only to those incarcerated persons prisoners who
have not earned a bachelor's degree prior to the current
commitment to the Department of Corrections. If, after an
award of the bachelor's degree sentence credit has been made,
the Department determines that the incarcerated person
prisoner was not eligible, then the award shall be revoked.
The Department may also award 180 days of sentence credit to
any committed person who earned a bachelor's degree while he
or she was held in pre-trial detention prior to the current
commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
incarcerated person prisoner who obtains a master's or
professional degree while the incarcerated person 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 under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this

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paragraph shall be available only to those incarcerated
persons prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the incarcerated person prisoner
was not eligible, then the award shall be revoked. The
Department may also award 180 days of sentence credit to any
committed person who earned a master's or professional degree
while he or she was held in pre-trial detention prior to the
current commitment to the Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that
any incarcerated person prisoner engaged in self-improvement
programs, volunteer work, or work assignments that are not
otherwise eligible activities under paragraph (4), shall
receive up to 0.5 days of sentence credit for each day in which
the incarcerated person prisoner is engaged in activities
described in this paragraph.
(B) The rules and regulations shall provide for the award
of sentence credit under this paragraph (4.2) for qualifying
days of engagement in eligible activities occurring prior to
July 1, 2021 (the effective date of Public Act 101-652).
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
an incarcerated person a prisoner for substance abuse
treatment and the crime was committed on or after September 1,

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2003 (the effective date of Public Act 93-354), the
incarcerated person 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 of Corrections may waive the requirement
to participate in or complete a substance abuse treatment
program in specific instances if the incarcerated person
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
incarcerated person 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. An incarcerated person 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 of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that an incarcerated person a prisoner who has

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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, incarcerated persons
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 either Director's sole discretion,
be awarded sentence credit at a rate as the Director shall
determine.
(4.7) (Blank). On or after January 1, 2018 (the effective
date of Public Act 100-3), sentence credit under paragraph
(3), (4), or (4.1) of this subsection (a) may be awarded to a
prisoner who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after January 1, 2018 (the effective date of Public Act
100-3); provided, the award of the credits under this
paragraph (4.7) shall not reduce the sentence of the prisoner
to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is

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required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any incarcerated
person inmate earlier than it otherwise would because of a
grant of earned sentence credit 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 incarcerated person inmate took place, and
if applicable, the State's Attorney of the county into which
the incarcerated person inmate will be released. The
Department must also make identification information and a
recent photo of the incarcerated person 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 incarcerated person's inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the incarcerated
person's 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 incarcerated
person inmate to custody of the Department.
(b) Whenever a person is or has been committed under

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several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. 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 incarcerated person inmate may be
penalized more than one year of sentence credit for any one
infraction.
(2) 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 incarcerated person 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,
whether from one infraction or cumulatively from multiple
infractions arising out of a single event, or when, during any
12-month period, the cumulative amount of credit revoked
exceeds 30 days except where the infraction is committed or

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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 calendar year for any incarcerated person prisoner
or to increase any penalty beyond the length requested by the
Department.
(3) The Director of Corrections or the Director of
Juvenile Justice, in appropriate cases, may restore sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the incarcerated person
prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that an incarcerated person 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 an incarcerated person a
prisoner in an Illinois or federal court against the State,
the Department of Corrections, or the Prisoner Review Board,

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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 incarcerated person 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 incarcerated person 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 incarcerated person prisoner has not accumulated 180
days of sentence credit at the time of the finding, then the
Prisoner Review Board may revoke all sentence credit
accumulated by the incarcerated person 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 an incarcerated person 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

HB5219 - 26 - LRB103 37610 RLC 67736 b
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
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 incarcerated
person inmate who has been convicted of a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal

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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. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
12-15-23.)