|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2916 Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant SYNOPSIS AS INTRODUCED:
|
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 |
|
Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
| |
| | |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | SB2916 | | LRB102 20321 RLC 29176 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-6-3 as follows:
|
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
| 7 | | (Text of Section before amendment by P.A. 101-652) |
| 8 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
| 9 | | (a)(1) The Department of Corrections shall prescribe rules
|
| 10 | | and regulations for awarding and revoking sentence credit for |
| 11 | | persons committed to the Department which shall
be subject to |
| 12 | | review by the Prisoner Review Board.
|
| 13 | | (1.5) As otherwise provided by law, sentence credit may be |
| 14 | | awarded for the following: |
| 15 | | (A) successful completion of programming while in |
| 16 | | custody of the Department or while in custody prior to |
| 17 | | sentencing; |
| 18 | | (B) compliance with the rules and regulations of the |
| 19 | | Department; or |
| 20 | | (C) service to the institution, service to a |
| 21 | | community, or service to the State. |
| 22 | | (2) Except as provided in paragraph (4.7) of this |
| 23 | | subsection (a), the rules and regulations on sentence credit |
|
| | SB2916 | - 2 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | shall provide, with
respect to offenses listed in clause (i), |
| 2 | | (ii), or (iii) of this paragraph (2) committed on or after June |
| 3 | | 19, 1998 or with respect to the offense listed in clause (iv) |
| 4 | | of this paragraph (2) committed on or after June 23, 2005 (the |
| 5 | | effective date of Public Act 94-71) or with
respect to offense |
| 6 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
| 7 | | effective date of Public Act 95-625)
or with respect to the |
| 8 | | offense of being an armed habitual criminal committed on or |
| 9 | | after August 2, 2005 (the effective date of Public Act 94-398) |
| 10 | | or with respect to the offenses listed in clause (v) of this |
| 11 | | paragraph (2) committed on or after August 13, 2007 (the |
| 12 | | effective date of Public Act 95-134) or with respect to the |
| 13 | | offense of aggravated domestic battery committed on or after |
| 14 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
| 15 | | with respect to the offense of attempt to commit terrorism |
| 16 | | committed on or after January 1, 2013 (the effective date of |
| 17 | | Public Act 97-990), the following:
|
| 18 | | (i) that a prisoner who is serving a term of |
| 19 | | imprisonment for first
degree murder or for the offense of |
| 20 | | terrorism shall receive no sentence
credit and shall serve |
| 21 | | the entire
sentence imposed by the court;
|
| 22 | | (ii) that a prisoner serving a sentence for attempt to |
| 23 | | commit terrorism, attempt to commit first
degree murder, |
| 24 | | solicitation of murder, solicitation of murder for hire,
|
| 25 | | intentional homicide of an unborn child, predatory |
| 26 | | criminal sexual assault of a
child, aggravated criminal |
|
| | SB2916 | - 3 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | sexual assault, criminal sexual assault, aggravated
|
| 2 | | kidnapping, aggravated battery with a firearm as described |
| 3 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), |
| 4 | | or (e)(4) of Section 12-3.05, heinous battery as described |
| 5 | | in Section 12-4.1 or subdivision (a)(2) of Section |
| 6 | | 12-3.05, being an armed habitual criminal, aggravated
|
| 7 | | battery of a senior citizen as described in Section 12-4.6 |
| 8 | | or subdivision (a)(4) of Section 12-3.05, or aggravated |
| 9 | | battery of a child as described in Section 12-4.3 or |
| 10 | | subdivision (b)(1) of Section 12-3.05 shall receive no
|
| 11 | | more than 4.5 days of sentence credit for each month of his |
| 12 | | or her sentence
of imprisonment;
|
| 13 | | (iii) that a prisoner serving a sentence
for home |
| 14 | | invasion, armed robbery, aggravated vehicular hijacking,
|
| 15 | | aggravated discharge of a firearm, or armed violence with |
| 16 | | a category I weapon
or category II weapon, when the court
|
| 17 | | has made and entered a finding, pursuant to subsection |
| 18 | | (c-1) of Section 5-4-1
of this Code, that the conduct |
| 19 | | leading to conviction for the enumerated offense
resulted |
| 20 | | in great bodily harm to a victim, shall receive no more |
| 21 | | than 4.5 days
of sentence credit for each month of his or |
| 22 | | her sentence of imprisonment;
|
| 23 | | (iv) that a prisoner serving a sentence for aggravated |
| 24 | | discharge of a firearm, whether or not the conduct leading |
| 25 | | to conviction for the offense resulted in great bodily |
| 26 | | harm to the victim, shall receive no more than 4.5 days of |
|
| | SB2916 | - 4 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | sentence credit for each month of his or her sentence of |
| 2 | | imprisonment;
|
| 3 | | (v) that a person serving a sentence for gunrunning, |
| 4 | | narcotics racketeering, controlled substance trafficking, |
| 5 | | methamphetamine trafficking, drug-induced homicide, |
| 6 | | aggravated methamphetamine-related child endangerment, |
| 7 | | money laundering pursuant to clause (c) (4) or (5) of |
| 8 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
| 9 | | Code of 2012, or a Class X felony conviction for delivery |
| 10 | | of a controlled substance, possession of a controlled |
| 11 | | substance with intent to manufacture or deliver, |
| 12 | | calculated criminal drug conspiracy, criminal drug |
| 13 | | conspiracy, street gang criminal drug conspiracy, |
| 14 | | participation in methamphetamine manufacturing, |
| 15 | | aggravated participation in methamphetamine |
| 16 | | manufacturing, delivery of methamphetamine, possession |
| 17 | | with intent to deliver methamphetamine, aggravated |
| 18 | | delivery of methamphetamine, aggravated possession with |
| 19 | | intent to deliver methamphetamine, methamphetamine |
| 20 | | conspiracy when the substance containing the controlled |
| 21 | | substance or methamphetamine is 100 grams or more shall |
| 22 | | receive no more than 7.5 days sentence credit for each |
| 23 | | month of his or her sentence of imprisonment;
|
| 24 | | (vi)
that a prisoner serving a sentence for a second |
| 25 | | or subsequent offense of luring a minor shall receive no |
| 26 | | more than 4.5 days of sentence credit for each month of his |
|
| | SB2916 | - 5 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | or her sentence of imprisonment; and
|
| 2 | | (vii) that a prisoner serving a sentence for |
| 3 | | aggravated domestic battery shall receive no more than 4.5 |
| 4 | | days of sentence credit for each month of his or her |
| 5 | | sentence of imprisonment. |
| 6 | | (2.1) For all offenses, other than those enumerated in |
| 7 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
| 8 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
| 9 | | June 23, 2005 (the effective date of Public Act 94-71) or |
| 10 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
| 11 | | (the effective date of Public Act 95-134)
or subdivision |
| 12 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
| 13 | | date of Public Act 95-625) or subdivision (a)(2)(vii) |
| 14 | | committed on or after July 23, 2010 (the effective date of |
| 15 | | Public Act 96-1224), and other than the offense of aggravated |
| 16 | | driving under the influence of alcohol, other drug or drugs, |
| 17 | | or
intoxicating compound or compounds, or any combination |
| 18 | | thereof as defined in
subparagraph (F) of paragraph (1) of |
| 19 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, |
| 20 | | and other than the offense of aggravated driving under the |
| 21 | | influence of alcohol,
other drug or drugs, or intoxicating |
| 22 | | compound or compounds, or any combination
thereof as defined |
| 23 | | in subparagraph (C) of paragraph (1) of subsection (d) of
|
| 24 | | Section 11-501 of the Illinois Vehicle Code committed on or |
| 25 | | after January 1, 2011 (the effective date of Public Act |
| 26 | | 96-1230),
the rules and regulations shall
provide that a |
|
| | SB2916 | - 6 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | prisoner who is serving a term of
imprisonment shall receive |
| 2 | | one day of sentence credit for each day of
his or her sentence |
| 3 | | of imprisonment or recommitment under Section 3-3-9.
Each day |
| 4 | | of sentence credit shall reduce by one day the prisoner's |
| 5 | | period
of imprisonment or recommitment under Section 3-3-9.
|
| 6 | | (2.2) A prisoner serving a term of natural life |
| 7 | | imprisonment or a
prisoner who has been sentenced to death |
| 8 | | shall receive no sentence
credit.
|
| 9 | | (2.3) Except as provided in paragraph (4.7) of this |
| 10 | | subsection (a), the rules and regulations on sentence credit |
| 11 | | shall provide that
a prisoner who is serving a sentence for |
| 12 | | aggravated driving under the influence of alcohol,
other drug |
| 13 | | or drugs, or intoxicating compound or compounds, or any |
| 14 | | combination
thereof as defined in subparagraph (F) of |
| 15 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
| 16 | | Illinois Vehicle Code, shall receive no more than 4.5
days of |
| 17 | | sentence credit for each month of his or her sentence of
|
| 18 | | imprisonment.
|
| 19 | | (2.4) Except as provided in paragraph (4.7) of this |
| 20 | | subsection (a), the rules and regulations on sentence credit |
| 21 | | shall provide with
respect to the offenses of aggravated |
| 22 | | battery with a machine gun or a firearm
equipped with any |
| 23 | | device or attachment designed or used for silencing the
report |
| 24 | | of a firearm or aggravated discharge of a machine gun or a |
| 25 | | firearm
equipped with any device or attachment designed or |
| 26 | | used for silencing the
report of a firearm, committed on or |
|
| | SB2916 | - 7 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | after
July 15, 1999 (the effective date of Public Act 91-121),
|
| 2 | | that a prisoner serving a sentence for any of these offenses |
| 3 | | shall receive no
more than 4.5 days of sentence credit for each |
| 4 | | month of his or her sentence
of imprisonment.
|
| 5 | | (2.5) Except as provided in paragraph (4.7) of this |
| 6 | | subsection (a), the rules and regulations on sentence credit |
| 7 | | shall provide that a
prisoner who is serving a sentence for |
| 8 | | aggravated arson committed on or after
July 27, 2001 (the |
| 9 | | effective date of Public Act 92-176) shall receive no more |
| 10 | | than
4.5 days of sentence credit for each month of his or her |
| 11 | | sentence of
imprisonment.
|
| 12 | | (2.6) Except as provided in paragraph (4.7) of this |
| 13 | | subsection (a), the rules and regulations on sentence credit |
| 14 | | shall provide that a
prisoner who is serving a sentence for |
| 15 | | aggravated driving under the influence of alcohol,
other drug |
| 16 | | or drugs, or intoxicating compound or compounds or any |
| 17 | | combination
thereof as defined in subparagraph (C) of |
| 18 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
| 19 | | Illinois Vehicle Code committed on or after January 1, 2011 |
| 20 | | (the effective date of Public Act 96-1230) shall receive no |
| 21 | | more than 4.5
days of sentence credit for each month of his or |
| 22 | | her sentence of
imprisonment. |
| 23 | | (3) In addition to the sentence credits earned under |
| 24 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection |
| 25 | | (a), the rules and regulations shall also provide that
the |
| 26 | | Director may award up to 180 days of earned sentence
credit for |
|
| | SB2916 | - 8 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | good conduct in specific instances as the
Director deems |
| 2 | | proper. The good conduct may include, but is not limited to, |
| 3 | | compliance with the rules and regulations of the Department, |
| 4 | | service to the Department, service to a community, or service |
| 5 | | to the State.
|
| 6 | | Eligible inmates for an award of earned sentence credit |
| 7 | | under
this paragraph (3) may be selected to receive the credit |
| 8 | | at
the Director's or his or her designee's sole discretion.
|
| 9 | | Eligibility for the additional earned sentence credit under |
| 10 | | this paragraph (3) shall be based on, but is not limited to, |
| 11 | | the results of any available risk/needs assessment or other |
| 12 | | relevant assessments or evaluations administered by the |
| 13 | | Department using a validated instrument, the circumstances of |
| 14 | | the crime, any history of conviction for a forcible felony |
| 15 | | enumerated in Section 2-8 of the Criminal Code of 2012, the |
| 16 | | inmate's behavior and disciplinary history while incarcerated, |
| 17 | | and the inmate's commitment to rehabilitation, including |
| 18 | | participation in programming offered by the Department. |
| 19 | | The Director shall not award sentence credit under this |
| 20 | | paragraph (3) to an inmate unless the inmate has served a |
| 21 | | minimum of 60 days of the sentence; except nothing in this |
| 22 | | paragraph shall be construed to permit the Director to extend |
| 23 | | an inmate's sentence beyond that which was imposed by the |
| 24 | | court. Prior to awarding credit under this paragraph (3), the |
| 25 | | Director shall make a written determination that the inmate: |
| 26 | | (A) is eligible for the earned sentence credit; |
|
| | SB2916 | - 9 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (B) has served a minimum of 60 days, or as close to 60 |
| 2 | | days as the sentence will allow; |
| 3 | | (B-1) has received a risk/needs assessment or other |
| 4 | | relevant evaluation or assessment administered by the |
| 5 | | Department using a validated instrument; and |
| 6 | | (C) has met the eligibility criteria established by |
| 7 | | rule for earned sentence credit. |
| 8 | | The Director shall determine the form and content of the |
| 9 | | written determination required in this subsection. |
| 10 | | (3.5) The Department shall provide annual written reports |
| 11 | | to the Governor and the General Assembly on the award of earned |
| 12 | | sentence credit no later than February 1 of each year. The |
| 13 | | Department must publish both reports on its website within 48 |
| 14 | | hours of transmitting the reports to the Governor and the |
| 15 | | General Assembly. The reports must include: |
| 16 | | (A) the number of inmates awarded earned sentence |
| 17 | | credit; |
| 18 | | (B) the average amount of earned sentence credit |
| 19 | | awarded; |
| 20 | | (C) the holding offenses of inmates awarded earned |
| 21 | | sentence credit; and |
| 22 | | (D) the number of earned sentence credit revocations. |
| 23 | | (4)(A) Except as provided in paragraph (4.7) of this |
| 24 | | subsection (a), the rules and regulations shall also provide |
| 25 | | that the sentence
credit accumulated and retained under |
| 26 | | paragraph (2.1) of subsection (a) of
this Section by any |
|
| | SB2916 | - 10 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | inmate during specific periods of time in which such
inmate is |
| 2 | | engaged full-time in substance abuse programs, correctional
|
| 3 | | industry assignments, educational programs, behavior |
| 4 | | modification programs, life skills courses, or re-entry |
| 5 | | planning provided by the Department
under this paragraph (4) |
| 6 | | and satisfactorily completes the assigned program as
|
| 7 | | determined by the standards of the Department, shall be |
| 8 | | multiplied by a factor
of 1.25 for program participation |
| 9 | | before August 11, 1993
and 1.50 for program participation on |
| 10 | | or after that date.
The rules and regulations shall also |
| 11 | | provide that sentence credit, subject to the same offense |
| 12 | | limits and multiplier provided in this paragraph, may be |
| 13 | | provided to an inmate who was held in pre-trial detention |
| 14 | | prior to his or her current commitment to the Department of |
| 15 | | Corrections and successfully completed a full-time, 60-day or |
| 16 | | longer substance abuse program, educational program, behavior |
| 17 | | modification program, life skills course, or re-entry planning |
| 18 | | provided by the county department of corrections or county |
| 19 | | jail. Calculation of this county program credit shall be done |
| 20 | | at sentencing as provided in Section 5-4.5-100 of this Code |
| 21 | | and shall be included in the sentencing order. However, no |
| 22 | | inmate shall be eligible for the additional sentence credit
|
| 23 | | under this paragraph (4) or (4.1) of this subsection (a) while |
| 24 | | assigned to a boot camp
or electronic detention.
|
| 25 | | (B) The Department shall award sentence credit under this |
| 26 | | paragraph (4) accumulated prior to January 1, 2020 (the |
|
| | SB2916 | - 11 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | effective date of Public Act 101-440) this amendatory Act of |
| 2 | | the 101st General Assembly in an amount specified in |
| 3 | | subparagraph (C) of this paragraph (4) to an inmate serving a |
| 4 | | sentence for an offense committed prior to June 19, 1998, if |
| 5 | | the Department determines that the inmate is entitled to this |
| 6 | | sentence credit, based upon: |
| 7 | | (i) documentation provided by the Department that the |
| 8 | | inmate engaged in any full-time substance abuse programs, |
| 9 | | correctional industry assignments, educational programs, |
| 10 | | behavior modification programs, life skills courses, or |
| 11 | | re-entry planning provided by the Department under this |
| 12 | | paragraph (4) and satisfactorily completed the assigned |
| 13 | | program as determined by the standards of the Department |
| 14 | | during the inmate's current term of incarceration; or |
| 15 | | (ii) the inmate's own testimony in the form of an |
| 16 | | affidavit or documentation, or a third party's |
| 17 | | documentation or testimony in the form of an affidavit |
| 18 | | that the inmate likely engaged in any full-time substance |
| 19 | | abuse programs, correctional industry assignments, |
| 20 | | educational programs, behavior modification programs, life |
| 21 | | skills courses, or re-entry planning provided by the |
| 22 | | Department under paragraph (4) and satisfactorily |
| 23 | | completed the assigned program as determined by the |
| 24 | | standards of the Department during the inmate's current |
| 25 | | term of incarceration. |
| 26 | | (C) If the inmate can provide documentation that he or she |
|
| | SB2916 | - 12 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | is entitled to sentence credit under subparagraph (B) in |
| 2 | | excess of 45 days of participation in those programs, the |
| 3 | | inmate shall receive 90 days of sentence credit. If the inmate |
| 4 | | cannot provide documentation of more than 45 days of |
| 5 | | participation in those programs, the inmate shall receive 45 |
| 6 | | days of sentence credit. In the event of a disagreement |
| 7 | | between the Department and the inmate as to the amount of |
| 8 | | credit accumulated under subparagraph (B), if the Department |
| 9 | | provides documented proof of a lesser amount of days of |
| 10 | | participation in those programs, that proof shall control. If |
| 11 | | the Department provides no documentary proof, the inmate's |
| 12 | | proof as set forth in clause (ii) of subparagraph (B) shall |
| 13 | | control as to the amount of sentence credit provided. |
| 14 | | (D) If the inmate has been convicted of a sex offense as |
| 15 | | defined in Section 2 of the Sex Offender Registration Act, |
| 16 | | sentencing credits under subparagraph (B) of this paragraph |
| 17 | | (4) shall be awarded by the Department only if the conditions |
| 18 | | set forth in paragraph (4.6) of subsection (a) are satisfied. |
| 19 | | No inmate serving a term of natural life imprisonment shall |
| 20 | | receive sentence credit under subparagraph (B) of this |
| 21 | | paragraph (4). |
| 22 | | Educational, vocational, substance abuse, behavior |
| 23 | | modification programs, life skills courses, re-entry planning, |
| 24 | | and correctional
industry programs under which sentence credit |
| 25 | | may be increased under
this paragraph (4) and paragraph (4.1) |
| 26 | | of this subsection (a) shall be evaluated by the Department on |
|
| | SB2916 | - 13 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | the basis of
documented standards. The Department shall report |
| 2 | | the results of these
evaluations to the Governor and the |
| 3 | | General Assembly by September 30th of each
year. The reports |
| 4 | | shall include data relating to the recidivism rate among
|
| 5 | | program participants.
|
| 6 | | Availability of these programs shall be subject to the
|
| 7 | | limits of fiscal resources appropriated by the General |
| 8 | | Assembly for these
purposes. Eligible inmates who are denied |
| 9 | | immediate admission shall be
placed on a waiting list under |
| 10 | | criteria established by the Department.
The inability of any |
| 11 | | inmate to become engaged in any such programs
by reason of |
| 12 | | insufficient program resources or for any other reason
|
| 13 | | established under the rules and regulations of the Department |
| 14 | | shall not be
deemed a cause of action under which the |
| 15 | | Department or any employee or
agent of the Department shall be |
| 16 | | liable for damages to the inmate.
|
| 17 | | (4.1) Except as provided in paragraph (4.7) of this |
| 18 | | subsection (a), the rules and regulations shall also provide |
| 19 | | that an additional 90 days of sentence credit shall be awarded |
| 20 | | to any prisoner who passes high school equivalency testing |
| 21 | | while the prisoner is committed to the Department of |
| 22 | | Corrections. The sentence credit awarded under this paragraph |
| 23 | | (4.1) shall be in addition to, and shall not affect, the award |
| 24 | | of sentence credit under any other paragraph of this Section, |
| 25 | | but shall also be pursuant to the guidelines and restrictions |
| 26 | | set forth in paragraph (4) of subsection (a) of this Section.
|
|
| | SB2916 | - 14 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | The sentence credit provided for in this paragraph shall be |
| 2 | | available only to those prisoners who have not previously |
| 3 | | earned a high school diploma or a high school equivalency |
| 4 | | certificate. If, after an award of the high school equivalency |
| 5 | | testing sentence credit has been made, the Department |
| 6 | | determines that the prisoner was not eligible, then the award |
| 7 | | shall be revoked.
The Department may also award 90 days of |
| 8 | | sentence credit to any committed person who passed high school |
| 9 | | equivalency testing while he or she was held in pre-trial |
| 10 | | detention prior to the current commitment to the Department of |
| 11 | | Corrections. |
| 12 | | Except as provided in paragraph (4.7) of this subsection |
| 13 | | (a), the rules and regulations shall provide that an |
| 14 | | additional 180 days of sentence credit shall be awarded to any |
| 15 | | prisoner who obtains a bachelor's degree while the prisoner is |
| 16 | | committed to the Department of Corrections. The sentence |
| 17 | | credit awarded under this paragraph (4.1) shall be in addition |
| 18 | | to, and shall not affect, the award of sentence credit under |
| 19 | | any other paragraph of this Section, but shall also be under |
| 20 | | the guidelines and restrictions set forth in paragraph (4) of |
| 21 | | this subsection (a). The sentence credit provided for in this |
| 22 | | paragraph shall be available only to those prisoners who have |
| 23 | | not earned a bachelor's degree prior to the current commitment |
| 24 | | to the Department of Corrections. If, after an award of the |
| 25 | | bachelor's degree sentence credit has been made, the |
| 26 | | Department determines that the prisoner was not eligible, then |
|
| | SB2916 | - 15 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | the award shall be revoked. The Department may also award 180 |
| 2 | | days of sentence credit to any committed person who earned a |
| 3 | | bachelor's degree while he or she was held in pre-trial |
| 4 | | detention prior to the current commitment to the Department of |
| 5 | | Corrections. |
| 6 | | Except as provided in paragraph (4.7) of this subsection |
| 7 | | (a), the rules and regulations shall provide that an |
| 8 | | additional 180 days of sentence credit shall be awarded to any |
| 9 | | prisoner who obtains a master's or professional degree while |
| 10 | | the prisoner is committed to the Department of Corrections. |
| 11 | | The sentence credit awarded under this paragraph (4.1) shall |
| 12 | | be in addition to, and shall not affect, the award of sentence |
| 13 | | credit under any other paragraph of this Section, but shall |
| 14 | | also be under the guidelines and restrictions set forth in |
| 15 | | paragraph (4) of this subsection (a). The sentence credit |
| 16 | | provided for in this paragraph shall be available only to |
| 17 | | those prisoners who have not previously earned a master's or |
| 18 | | professional degree prior to the current commitment to the |
| 19 | | Department of Corrections. If, after an award of the master's |
| 20 | | or professional degree sentence credit has been made, the |
| 21 | | Department determines that the prisoner was not eligible, then |
| 22 | | the award shall be revoked. The Department may also award 180 |
| 23 | | days of sentence credit to any committed person who earned a |
| 24 | | master's or professional degree while he or she was held in |
| 25 | | pre-trial detention prior to the current commitment to the |
| 26 | | Department of Corrections. |
|
| | SB2916 | - 16 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (4.5) The rules and regulations on sentence credit shall |
| 2 | | also provide that
when the court's sentencing order recommends |
| 3 | | a prisoner for substance abuse treatment and the
crime was |
| 4 | | committed on or after September 1, 2003 (the effective date of
|
| 5 | | Public Act 93-354), the prisoner shall receive no sentence |
| 6 | | credit awarded under clause (3) of this subsection (a) unless |
| 7 | | he or she participates in and
completes a substance abuse |
| 8 | | treatment program. The Director may waive the requirement to |
| 9 | | participate in or complete a substance abuse treatment program |
| 10 | | in specific instances if the prisoner is not a good candidate |
| 11 | | for a substance abuse treatment program for medical, |
| 12 | | programming, or operational reasons. Availability of
substance |
| 13 | | abuse treatment shall be subject to the limits of fiscal |
| 14 | | resources
appropriated by the General Assembly for these |
| 15 | | purposes. If treatment is not
available and the requirement to |
| 16 | | participate and complete the treatment has not been waived by |
| 17 | | the Director, the prisoner shall be placed on a waiting list |
| 18 | | under criteria
established by the Department. The Director may |
| 19 | | allow a prisoner placed on
a waiting list to participate in and |
| 20 | | complete a substance abuse education class or attend substance
|
| 21 | | abuse self-help meetings in lieu of a substance abuse |
| 22 | | treatment program. A prisoner on a waiting list who is not |
| 23 | | placed in a substance abuse program prior to release may be |
| 24 | | eligible for a waiver and receive sentence credit under clause |
| 25 | | (3) of this subsection (a) at the discretion of the Director.
|
| 26 | | (4.6) The rules and regulations on sentence credit shall |
|
| | SB2916 | - 17 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | also provide that a prisoner who has been convicted of a sex |
| 2 | | offense as defined in Section 2 of the Sex Offender |
| 3 | | Registration Act shall receive no sentence credit unless he or |
| 4 | | she either has successfully completed or is participating in |
| 5 | | sex offender treatment as defined by the Sex Offender |
| 6 | | Management Board. However, prisoners who are waiting to |
| 7 | | receive treatment, but who are unable to do so due solely to |
| 8 | | the lack of resources on the part of the Department, may, at |
| 9 | | the Director's sole discretion, be awarded sentence credit at |
| 10 | | a rate as the Director shall determine. |
| 11 | | (4.7) On or after January 1, 2018 (the effective date of |
| 12 | | Public Act 100-3) this amendatory Act of the 100th General |
| 13 | | Assembly, sentence credit under paragraph (3), (4), or (4.1) |
| 14 | | of this subsection (a) may be awarded to a prisoner who is |
| 15 | | serving a sentence for an offense described in paragraph (2), |
| 16 | | (2.3), (2.4), (2.5), or (2.6) for credit earned on or after |
| 17 | | January 1, 2018 (the effective date of Public Act 100-3) this |
| 18 | | amendatory Act of the 100th General Assembly; provided, the |
| 19 | | award of the credits under this paragraph (4.7) shall not |
| 20 | | reduce the sentence of the prisoner to less than the following |
| 21 | | amounts: |
| 22 | | (i) 85% of his or her sentence if the prisoner is |
| 23 | | required to serve 85% of his or her sentence; or |
| 24 | | (ii) 60% of his or her sentence if the prisoner is |
| 25 | | required to serve 75% of his or her sentence, except if the |
| 26 | | prisoner is serving a sentence for gunrunning his or her |
|
| | SB2916 | - 18 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | sentence shall not be reduced to less than 75%. |
| 2 | | (iii) 100% of his or her sentence if the prisoner is |
| 3 | | required to serve 100% of his or her sentence. |
| 4 | | (5) Whenever the Department is to release any inmate |
| 5 | | earlier than it
otherwise would because of a grant of earned |
| 6 | | sentence credit under paragraph (3) of subsection (a) of this |
| 7 | | Section given at any time during the term, the Department |
| 8 | | shall give
reasonable notice of the impending release not less |
| 9 | | than 14 days prior to the date of the release to the State's
|
| 10 | | Attorney of the county where the prosecution of the inmate |
| 11 | | took place, and if applicable, the State's Attorney of the |
| 12 | | county into which the inmate will be released. The Department |
| 13 | | must also make identification information and a recent photo |
| 14 | | of the inmate being released accessible on the Internet by |
| 15 | | means of a hyperlink labeled "Community Notification of Inmate |
| 16 | | Early Release" on the Department's World Wide Web homepage.
|
| 17 | | The identification information shall include the inmate's: |
| 18 | | name, any known alias, date of birth, physical |
| 19 | | characteristics, commitment offense, and county where |
| 20 | | conviction was imposed. The identification information shall |
| 21 | | be placed on the website within 3 days of the inmate's release |
| 22 | | and the information may not be removed until either: |
| 23 | | completion of the first year of mandatory supervised release |
| 24 | | or return of the inmate to custody of the Department.
|
| 25 | | (b) Whenever a person is or has been committed under
|
| 26 | | several convictions, with separate sentences, the sentences
|
|
| | SB2916 | - 19 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | shall be construed under Section 5-8-4 in granting and
|
| 2 | | forfeiting of sentence credit.
|
| 3 | | (c) The Department shall prescribe rules and regulations
|
| 4 | | for revoking sentence credit, including revoking sentence |
| 5 | | credit awarded under paragraph (3) of subsection (a) of this |
| 6 | | Section. The Department shall prescribe rules and regulations |
| 7 | | for suspending or reducing
the rate of accumulation of |
| 8 | | sentence credit for specific
rule violations, during |
| 9 | | imprisonment. These rules and regulations
shall provide that |
| 10 | | no inmate may be penalized more than one
year of sentence |
| 11 | | credit for any one infraction.
|
| 12 | | When the Department seeks to revoke, suspend, or reduce
|
| 13 | | the rate of accumulation of any sentence credits for
an |
| 14 | | alleged infraction of its rules, it shall bring charges
|
| 15 | | therefor against the prisoner sought to be so deprived of
|
| 16 | | sentence credits before the Prisoner Review Board as
provided |
| 17 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
| 18 | | amount of credit at issue exceeds 30 days or
when, during any |
| 19 | | 12-month 12 month period, the cumulative amount of
credit |
| 20 | | revoked exceeds 30 days except where the infraction is |
| 21 | | committed
or discovered within 60 days of scheduled release. |
| 22 | | In those cases,
the Department of Corrections may revoke up to |
| 23 | | 30 days of sentence credit.
The Board may subsequently approve |
| 24 | | the revocation of additional sentence credit, if the |
| 25 | | Department seeks to revoke sentence credit in
excess of 30 |
| 26 | | days. However, the Board shall not be empowered to review the
|
|
| | SB2916 | - 20 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | Department's decision with respect to the loss of 30 days of |
| 2 | | sentence
credit within any calendar year for any prisoner or |
| 3 | | to increase any penalty
beyond the length requested by the |
| 4 | | Department.
|
| 5 | | The Director of the Department of Corrections, in |
| 6 | | appropriate cases, may
restore up to 30 days of sentence |
| 7 | | credits which have been revoked, suspended,
or reduced. Any |
| 8 | | restoration of sentence credits in excess of 30 days shall
be |
| 9 | | subject to review by the Prisoner Review Board. However, the |
| 10 | | Board may not
restore sentence credit in excess of the amount |
| 11 | | requested by the Director.
|
| 12 | | Nothing contained in this Section shall prohibit the |
| 13 | | Prisoner Review Board
from ordering, pursuant to Section |
| 14 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
| 15 | | sentence imposed by the court that was not served due to the
|
| 16 | | accumulation of sentence credit.
|
| 17 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| 18 | | federal court
against the State, the Department of |
| 19 | | Corrections, or the Prisoner Review Board,
or against any of
|
| 20 | | their officers or employees, and the court makes a specific |
| 21 | | finding that a
pleading, motion, or other paper filed by the |
| 22 | | prisoner is frivolous, the
Department of Corrections shall |
| 23 | | conduct a hearing to revoke up to
180 days of sentence credit |
| 24 | | by bringing charges against the prisoner
sought to be deprived |
| 25 | | of the sentence credits before the Prisoner Review
Board as |
| 26 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
|
|
| | SB2916 | - 21 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | If the prisoner has not accumulated 180 days of sentence |
| 2 | | credit at the
time of the finding, then the Prisoner Review |
| 3 | | Board may revoke all
sentence credit accumulated by the |
| 4 | | prisoner.
|
| 5 | | For purposes of this subsection (d):
|
| 6 | | (1) "Frivolous" means that a pleading, motion, or |
| 7 | | other filing which
purports to be a legal document filed |
| 8 | | by a prisoner in his or her lawsuit meets
any or all of the |
| 9 | | following criteria:
|
| 10 | | (A) it lacks an arguable basis either in law or in |
| 11 | | fact;
|
| 12 | | (B) it is being presented for any improper |
| 13 | | purpose, such as to harass or
to cause unnecessary |
| 14 | | delay or needless increase in the cost of litigation;
|
| 15 | | (C) the claims, defenses, and other legal |
| 16 | | contentions therein are not
warranted by existing law |
| 17 | | or by a nonfrivolous argument for the extension,
|
| 18 | | modification, or reversal of existing law or the |
| 19 | | establishment of new law;
|
| 20 | | (D) the allegations and other factual contentions |
| 21 | | do not have
evidentiary
support or, if specifically so |
| 22 | | identified, are not likely to have evidentiary
support |
| 23 | | after a reasonable opportunity for further |
| 24 | | investigation or discovery;
or
|
| 25 | | (E) the denials of factual contentions are not |
| 26 | | warranted on the
evidence, or if specifically so |
|
| | SB2916 | - 22 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | identified, are not reasonably based on a lack
of |
| 2 | | information or belief.
|
| 3 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
| 4 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
| 5 | | action under
Article X of the Code of Civil Procedure or |
| 6 | | under federal law (28 U.S.C. 2254),
a petition for claim |
| 7 | | under the Court of Claims Act, an action under the
federal |
| 8 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
| 9 | | subsequent petition for post-conviction relief under |
| 10 | | Article 122 of the Code of Criminal Procedure of 1963 |
| 11 | | whether filed with or without leave of court or a second or |
| 12 | | subsequent petition for relief from judgment under Section |
| 13 | | 2-1401 of the Code of Civil Procedure.
|
| 14 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
| 15 | | validity of Public Act 89-404.
|
| 16 | | (f) Whenever the Department is to release any inmate who |
| 17 | | has been convicted of a violation of an order of protection |
| 18 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
| 19 | | the Criminal Code of 2012, earlier than it
otherwise would |
| 20 | | because of a grant of sentence credit, the Department, as a |
| 21 | | condition of release, shall require that the person, upon |
| 22 | | release, be placed under electronic surveillance as provided |
| 23 | | in Section 5-8A-7 of this Code. |
| 24 | | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; |
| 25 | | 101-440, eff. 1-1-20; revised 8-19-20.)
|
|
| | SB2916 | - 23 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (Text of Section after amendment by P.A. 101-652) |
| 2 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
| 3 | | (a)(1) The Department of Corrections shall prescribe rules
|
| 4 | | and regulations for awarding and revoking sentence credit for |
| 5 | | persons committed to the Department which shall
be subject to |
| 6 | | review by the Prisoner Review Board.
|
| 7 | | (1.5) As otherwise provided by law, sentence credit may be |
| 8 | | awarded for the following: |
| 9 | | (A) successful completion of programming while in |
| 10 | | custody of the Department or while in custody prior to |
| 11 | | sentencing; |
| 12 | | (B) compliance with the rules and regulations of the |
| 13 | | Department; or |
| 14 | | (C) service to the institution, service to a |
| 15 | | community, or service to the State. |
| 16 | | (2) Except as provided in paragraph (4.7) of this |
| 17 | | subsection (a), the rules and regulations on sentence credit |
| 18 | | shall provide, with
respect to offenses listed in clause (i), |
| 19 | | (ii), or (iii) of this paragraph (2) committed on or after June |
| 20 | | 19, 1998 or with respect to the offense listed in clause (iv) |
| 21 | | of this paragraph (2) committed on or after June 23, 2005 (the |
| 22 | | effective date of Public Act 94-71) or with
respect to offense |
| 23 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
| 24 | | effective date of Public Act 95-625)
or with respect to the |
| 25 | | offense of being an armed habitual criminal committed on or |
| 26 | | after August 2, 2005 (the effective date of Public Act 94-398) |
|
| | SB2916 | - 24 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | or with respect to the offenses listed in clause (v) of this |
| 2 | | paragraph (2) committed on or after August 13, 2007 (the |
| 3 | | effective date of Public Act 95-134) or with respect to the |
| 4 | | offense of aggravated domestic battery committed on or after |
| 5 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
| 6 | | with respect to the offense of attempt to commit terrorism |
| 7 | | committed on or after January 1, 2013 (the effective date of |
| 8 | | Public Act 97-990) or with respect to the offense of |
| 9 | | aggravated battery under paragraph (4) of subsection (d) of |
| 10 | | Section 12-3.05 of the Criminal Code of 2012 in which the |
| 11 | | victim was a peace officer committed on or after the effective |
| 12 | | date of this amendatory Act of the 102nd General Assembly, the |
| 13 | | following:
|
| 14 | | (i) that a prisoner who is serving a term of |
| 15 | | imprisonment for first
degree murder or for the offense of |
| 16 | | terrorism shall receive no sentence
credit and shall serve |
| 17 | | the entire
sentence imposed by the court;
|
| 18 | | (ii) that a prisoner serving a sentence for attempt to |
| 19 | | commit terrorism, attempt to commit first
degree murder, |
| 20 | | solicitation of murder, solicitation of murder for hire,
|
| 21 | | intentional homicide of an unborn child, predatory |
| 22 | | criminal sexual assault of a
child, aggravated criminal |
| 23 | | sexual assault, criminal sexual assault, aggravated
|
| 24 | | kidnapping, aggravated battery with a firearm as described |
| 25 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), |
| 26 | | or (e)(4) of Section 12-3.05, heinous battery as described |
|
| | SB2916 | - 25 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | in Section 12-4.1 or subdivision (a)(2) of Section |
| 2 | | 12-3.05, being an armed habitual criminal, aggravated
|
| 3 | | battery of a senior citizen as described in Section 12-4.6 |
| 4 | | or subdivision (a)(4) of Section 12-3.05, or aggravated |
| 5 | | battery of a child as described in Section 12-4.3 or |
| 6 | | subdivision (b)(1) of Section 12-3.05 shall receive no
|
| 7 | | more than 4.5 days of sentence credit for each month of his |
| 8 | | or her sentence
of imprisonment;
|
| 9 | | (iii) that a prisoner serving a sentence
for home |
| 10 | | invasion, armed robbery, aggravated vehicular hijacking,
|
| 11 | | aggravated discharge of a firearm, or armed violence with |
| 12 | | a category I weapon
or category II weapon, when the court
|
| 13 | | has made and entered a finding, pursuant to subsection |
| 14 | | (c-1) of Section 5-4-1
of this Code, that the conduct |
| 15 | | leading to conviction for the enumerated offense
resulted |
| 16 | | in great bodily harm to a victim, shall receive no more |
| 17 | | than 4.5 days
of sentence credit for each month of his or |
| 18 | | her sentence of imprisonment;
|
| 19 | | (iv) that a prisoner serving a sentence for aggravated |
| 20 | | discharge of a firearm, whether or not the conduct leading |
| 21 | | to conviction for the offense resulted in great bodily |
| 22 | | harm to the victim, shall receive no more than 4.5 days of |
| 23 | | sentence credit for each month of his or her sentence of |
| 24 | | imprisonment;
|
| 25 | | (v) that a person serving a sentence for gunrunning, |
| 26 | | narcotics racketeering, controlled substance trafficking, |
|
| | SB2916 | - 26 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | methamphetamine trafficking, drug-induced homicide, |
| 2 | | aggravated methamphetamine-related child endangerment, |
| 3 | | money laundering pursuant to clause (c) (4) or (5) of |
| 4 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
| 5 | | Code of 2012, or a Class X felony conviction for delivery |
| 6 | | of a controlled substance, possession of a controlled |
| 7 | | substance with intent to manufacture or deliver, |
| 8 | | calculated criminal drug conspiracy, criminal drug |
| 9 | | conspiracy, street gang criminal drug conspiracy, |
| 10 | | participation in methamphetamine manufacturing, |
| 11 | | aggravated participation in methamphetamine |
| 12 | | manufacturing, delivery of methamphetamine, possession |
| 13 | | with intent to deliver methamphetamine, aggravated |
| 14 | | delivery of methamphetamine, aggravated possession with |
| 15 | | intent to deliver methamphetamine, methamphetamine |
| 16 | | conspiracy when the substance containing the controlled |
| 17 | | substance or methamphetamine is 100 grams or more shall |
| 18 | | receive no more than 7.5 days sentence credit for each |
| 19 | | month of his or her sentence of imprisonment;
|
| 20 | | (vi)
that a prisoner serving a sentence for a second |
| 21 | | or subsequent offense of luring a minor shall receive no |
| 22 | | more than 4.5 days of sentence credit for each month of his |
| 23 | | or her sentence of imprisonment; and
|
| 24 | | (vii) that a prisoner serving a sentence for |
| 25 | | aggravated domestic battery shall receive no more than 4.5 |
| 26 | | days of sentence credit for each month of his or her |
|
| | SB2916 | - 27 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | sentence of imprisonment; and |
| 2 | | (viii) that a prisoner serving a sentence for |
| 3 | | aggravated battery under paragraph (4) of subsection (d) |
| 4 | | of Section 12-3.05 of the Criminal Code of 2012 in which |
| 5 | | the victim was a peace officer shall receive no more than |
| 6 | | 4.5 days of sentence credit for each month of his or her |
| 7 | | sentence of imprisonment. |
| 8 | | (2.1) For all offenses, other than those enumerated in |
| 9 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
| 10 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
| 11 | | June 23, 2005 (the effective date of Public Act 94-71) or |
| 12 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
| 13 | | (the effective date of Public Act 95-134)
or subdivision |
| 14 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
| 15 | | date of Public Act 95-625) or subdivision (a)(2)(vii) |
| 16 | | committed on or after July 23, 2010 (the effective date of |
| 17 | | Public Act 96-1224) or subdivision (a)(2)(viii) committed on |
| 18 | | or after the effective date of this amendatory Act of the 102nd |
| 19 | | General Assembly, and other than the offense of aggravated |
| 20 | | driving under the influence of alcohol, other drug or drugs, |
| 21 | | or
intoxicating compound or compounds, or any combination |
| 22 | | thereof as defined in
subparagraph (F) of paragraph (1) of |
| 23 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, |
| 24 | | and other than the offense of aggravated driving under the |
| 25 | | influence of alcohol,
other drug or drugs, or intoxicating |
| 26 | | compound or compounds, or any combination
thereof as defined |
|
| | SB2916 | - 28 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | in subparagraph (C) of paragraph (1) of subsection (d) of
|
| 2 | | Section 11-501 of the Illinois Vehicle Code committed on or |
| 3 | | after January 1, 2011 (the effective date of Public Act |
| 4 | | 96-1230),
the rules and regulations shall
provide that a |
| 5 | | prisoner who is serving a term of
imprisonment shall receive |
| 6 | | one day of sentence credit for each day of
his or her sentence |
| 7 | | of imprisonment or recommitment under Section 3-3-9.
Each day |
| 8 | | of sentence credit shall reduce by one day the prisoner's |
| 9 | | period
of imprisonment or recommitment under Section 3-3-9.
|
| 10 | | (2.2) A prisoner serving a term of natural life |
| 11 | | imprisonment or a
prisoner who has been sentenced to death |
| 12 | | shall receive no sentence
credit.
|
| 13 | | (2.3) Except as provided in paragraph (4.7) of this |
| 14 | | subsection (a), the rules and regulations on sentence credit |
| 15 | | shall provide that
a prisoner who is serving a sentence for |
| 16 | | aggravated driving under the influence of alcohol,
other drug |
| 17 | | or drugs, or intoxicating compound or compounds, or any |
| 18 | | combination
thereof as defined in subparagraph (F) of |
| 19 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
| 20 | | Illinois Vehicle Code, shall receive no more than 4.5
days of |
| 21 | | sentence credit for each month of his or her sentence of
|
| 22 | | imprisonment.
|
| 23 | | (2.4) Except as provided in paragraph (4.7) of this |
| 24 | | subsection (a), the rules and regulations on sentence credit |
| 25 | | shall provide with
respect to the offenses of aggravated |
| 26 | | battery with a machine gun or a firearm
equipped with any |
|
| | SB2916 | - 29 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | device or attachment designed or used for silencing the
report |
| 2 | | of a firearm or aggravated discharge of a machine gun or a |
| 3 | | firearm
equipped with any device or attachment designed or |
| 4 | | used for silencing the
report of a firearm, committed on or |
| 5 | | after
July 15, 1999 (the effective date of Public Act 91-121),
|
| 6 | | that a prisoner serving a sentence for any of these offenses |
| 7 | | shall receive no
more than 4.5 days of sentence credit for each |
| 8 | | month of his or her sentence
of imprisonment.
|
| 9 | | (2.5) Except as provided in paragraph (4.7) of this |
| 10 | | subsection (a), the rules and regulations on sentence credit |
| 11 | | shall provide that a
prisoner who is serving a sentence for |
| 12 | | aggravated arson committed on or after
July 27, 2001 (the |
| 13 | | effective date of Public Act 92-176) shall receive no more |
| 14 | | than
4.5 days of sentence credit for each month of his or her |
| 15 | | sentence of
imprisonment.
|
| 16 | | (2.6) Except as provided in paragraph (4.7) of this |
| 17 | | subsection (a), the rules and regulations on sentence credit |
| 18 | | shall provide that a
prisoner who is serving a sentence for |
| 19 | | aggravated driving under the influence of alcohol,
other drug |
| 20 | | or drugs, or intoxicating compound or compounds or any |
| 21 | | combination
thereof as defined in subparagraph (C) of |
| 22 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
| 23 | | Illinois Vehicle Code committed on or after January 1, 2011 |
| 24 | | (the effective date of Public Act 96-1230) shall receive no |
| 25 | | more than 4.5
days of sentence credit for each month of his or |
| 26 | | her sentence of
imprisonment. |
|
| | SB2916 | - 30 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (3) In addition to the sentence credits earned under |
| 2 | | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this |
| 3 | | subsection (a), the rules and regulations shall also provide |
| 4 | | that
the Director may award up to 180 days of earned sentence
|
| 5 | | credit for prisoners serving a sentence of incarceration of |
| 6 | | less than 5 years, and up to 365 days of earned sentence credit |
| 7 | | for prisoners serving a sentence of 5 years or longer. The |
| 8 | | Director may grant this credit for good conduct in specific |
| 9 | | instances as the
Director deems proper. The good conduct may |
| 10 | | include, but is not limited to, compliance with the rules and |
| 11 | | regulations of the Department, service to the Department, |
| 12 | | service to a community, or service to the State.
|
| 13 | | Eligible inmates for an award of earned sentence credit |
| 14 | | under
this paragraph (3) may be selected to receive the credit |
| 15 | | at
the Director's or his or her designee's sole discretion.
|
| 16 | | Eligibility for the additional earned sentence credit under |
| 17 | | this paragraph (3) may be based on, but is not limited to, |
| 18 | | participation in programming offered by the Department |
| 19 | | department as appropriate for the prisoner based on the |
| 20 | | results of any available risk/needs assessment or other |
| 21 | | relevant assessments or evaluations administered by the |
| 22 | | Department using a validated instrument, the circumstances of |
| 23 | | the crime, demonstrated commitment to rehabilitation by a |
| 24 | | prisoner with a history of conviction for a forcible felony |
| 25 | | enumerated in Section 2-8 of the Criminal Code of 2012, the |
| 26 | | inmate's behavior and improvements in disciplinary history |
|
| | SB2916 | - 31 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | while incarcerated, and the inmate's commitment to |
| 2 | | rehabilitation, including participation in programming offered |
| 3 | | by the Department. |
| 4 | | The Director shall not award sentence credit under this |
| 5 | | paragraph (3) to an inmate unless the inmate has served a |
| 6 | | minimum of 60 days of the sentence; except nothing in this |
| 7 | | paragraph shall be construed to permit the Director to extend |
| 8 | | an inmate's sentence beyond that which was imposed by the |
| 9 | | court. Prior to awarding credit under this paragraph (3), the |
| 10 | | Director shall make a written determination that the inmate: |
| 11 | | (A) is eligible for the earned sentence credit; |
| 12 | | (B) has served a minimum of 60 days, or as close to 60 |
| 13 | | days as the sentence will allow; |
| 14 | | (B-1) has received a risk/needs assessment or other |
| 15 | | relevant evaluation or assessment administered by the |
| 16 | | Department using a validated instrument; and |
| 17 | | (C) has met the eligibility criteria established by |
| 18 | | rule for earned sentence credit. |
| 19 | | The Director shall determine the form and content of the |
| 20 | | written determination required in this subsection. |
| 21 | | (3.5) The Department shall provide annual written reports |
| 22 | | to the Governor and the General Assembly on the award of earned |
| 23 | | sentence credit no later than February 1 of each year. The |
| 24 | | Department must publish both reports on its website within 48 |
| 25 | | hours of transmitting the reports to the Governor and the |
| 26 | | General Assembly. The reports must include: |
|
| | SB2916 | - 32 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (A) the number of inmates awarded earned sentence |
| 2 | | credit; |
| 3 | | (B) the average amount of earned sentence credit |
| 4 | | awarded; |
| 5 | | (C) the holding offenses of inmates awarded earned |
| 6 | | sentence credit; and |
| 7 | | (D) the number of earned sentence credit revocations. |
| 8 | | (4)(A) Except as provided in paragraph (4.7) of this |
| 9 | | subsection (a), the rules and regulations shall also provide |
| 10 | | that any prisoner who is engaged full-time in substance abuse |
| 11 | | programs, correctional
industry assignments, educational |
| 12 | | programs, work-release programs or activities in accordance |
| 13 | | with Article 13 of Chapter III of this Code 730 ILCS 5/3-13-1 |
| 14 | | et seq., behavior modification programs, life skills courses, |
| 15 | | or re-entry planning provided by the Department
under this |
| 16 | | paragraph (4) and satisfactorily completes the assigned |
| 17 | | program as
determined by the standards of the Department, |
| 18 | | shall receive [one day] of sentence credit for each day in |
| 19 | | which that prisoner is engaged in the activities described in |
| 20 | | this paragraph.
The rules and regulations shall also provide |
| 21 | | that sentence credit may be provided to an inmate who was held |
| 22 | | in pre-trial detention prior to his or her current commitment |
| 23 | | to the Department of Corrections and successfully completed a |
| 24 | | full-time, 60-day or longer substance abuse program, |
| 25 | | educational program, behavior modification program, life |
| 26 | | skills course, or re-entry planning provided by the county |
|
| | SB2916 | - 33 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | department of corrections or county jail. Calculation of this |
| 2 | | county program credit shall be done at sentencing as provided |
| 3 | | in Section 5-4.5-100 of this Code and shall be included in the |
| 4 | | sentencing order. The rules and regulations shall also provide |
| 5 | | that sentence credit may be provided to an inmate who is in |
| 6 | | compliance with programming requirements in an adult |
| 7 | | transition center.
|
| 8 | | (B) The Department shall award sentence credit under this |
| 9 | | paragraph (4) accumulated prior to January 1, 2020 (the |
| 10 | | effective date of Public Act 101-440) in an amount specified |
| 11 | | in subparagraph (C) of this paragraph (4) to an inmate serving |
| 12 | | a sentence for an offense committed prior to June 19, 1998, if |
| 13 | | the Department determines that the inmate is entitled to this |
| 14 | | sentence credit, based upon: |
| 15 | | (i) documentation provided by the Department that the |
| 16 | | inmate engaged in any full-time substance abuse programs, |
| 17 | | correctional industry assignments, educational programs, |
| 18 | | behavior modification programs, life skills courses, or |
| 19 | | re-entry planning provided by the Department under this |
| 20 | | paragraph (4) and satisfactorily completed the assigned |
| 21 | | program as determined by the standards of the Department |
| 22 | | during the inmate's current term of incarceration; or |
| 23 | | (ii) the inmate's own testimony in the form of an |
| 24 | | affidavit or documentation, or a third party's |
| 25 | | documentation or testimony in the form of an affidavit |
| 26 | | that the inmate likely engaged in any full-time substance |
|
| | SB2916 | - 34 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | abuse programs, correctional industry assignments, |
| 2 | | educational programs, behavior modification programs, life |
| 3 | | skills courses, or re-entry planning provided by the |
| 4 | | Department under paragraph (4) and satisfactorily |
| 5 | | completed the assigned program as determined by the |
| 6 | | standards of the Department during the inmate's current |
| 7 | | term of incarceration. |
| 8 | | (C) If the inmate can provide documentation that he or she |
| 9 | | is entitled to sentence credit under subparagraph (B) in |
| 10 | | excess of 45 days of participation in those programs, the |
| 11 | | inmate shall receive 90 days of sentence credit. If the inmate |
| 12 | | cannot provide documentation of more than 45 days of |
| 13 | | participation in those programs, the inmate shall receive 45 |
| 14 | | days of sentence credit. In the event of a disagreement |
| 15 | | between the Department and the inmate as to the amount of |
| 16 | | credit accumulated under subparagraph (B), if the Department |
| 17 | | provides documented proof of a lesser amount of days of |
| 18 | | participation in those programs, that proof shall control. If |
| 19 | | the Department provides no documentary proof, the inmate's |
| 20 | | proof as set forth in clause (ii) of subparagraph (B) shall |
| 21 | | control as to the amount of sentence credit provided. |
| 22 | | (D) If the inmate has been convicted of a sex offense as |
| 23 | | defined in Section 2 of the Sex Offender Registration Act, |
| 24 | | sentencing credits under subparagraph (B) of this paragraph |
| 25 | | (4) shall be awarded by the Department only if the conditions |
| 26 | | set forth in paragraph (4.6) of subsection (a) are satisfied. |
|
| | SB2916 | - 35 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | No inmate serving a term of natural life imprisonment shall |
| 2 | | receive sentence credit under subparagraph (B) of this |
| 3 | | paragraph (4). |
| 4 | | Educational, vocational, substance abuse, behavior |
| 5 | | modification programs, life skills courses, re-entry planning, |
| 6 | | and correctional
industry programs under which sentence credit |
| 7 | | may be earned increased under
this paragraph (4) and paragraph |
| 8 | | (4.1) of this subsection (a) shall be evaluated by the |
| 9 | | Department on the basis of
documented standards. The |
| 10 | | Department shall report the results of these
evaluations to |
| 11 | | the Governor and the General Assembly by September 30th of |
| 12 | | each
year. The reports shall include data relating to the |
| 13 | | recidivism rate among
program participants.
|
| 14 | | Availability of these programs shall be subject to the
|
| 15 | | limits of fiscal resources appropriated by the General |
| 16 | | Assembly for these
purposes. Eligible inmates who are denied |
| 17 | | immediate admission shall be
placed on a waiting list under |
| 18 | | criteria established by the Department. The rules and |
| 19 | | regulations shall provide that a prisoner who has been placed |
| 20 | | on a waiting list but is transferred for non-disciplinary |
| 21 | | reasons before beginning a program shall receive priority |
| 22 | | placement on the waitlist for appropriate programs at the new |
| 23 | | facility.
The inability of any inmate to become engaged in any |
| 24 | | such programs
by reason of insufficient program resources or |
| 25 | | for any other reason
established under the rules and |
| 26 | | regulations of the Department shall not be
deemed a cause of |
|
| | SB2916 | - 36 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | action under which the Department or any employee or
agent of |
| 2 | | the Department shall be liable for damages to the inmate. The |
| 3 | | rules and regulations shall provide that a prisoner who begins |
| 4 | | an educational, vocational, substance abuse, work-release |
| 5 | | programs or activities in accordance with Article 13 of |
| 6 | | Chapter III of this Code 730 ILCS 5/3-13-1 et seq., behavior |
| 7 | | modification program, life skills course, re-entry planning, |
| 8 | | or correctional industry programs but is unable to complete |
| 9 | | the program due to illness, disability, transfer, lockdown, or |
| 10 | | another reason outside of the prisoner's control shall receive |
| 11 | | prorated sentence credits for the days in which the prisoner |
| 12 | | did participate.
|
| 13 | | (4.1) Except as provided in paragraph (4.7) of this |
| 14 | | subsection (a), the rules and regulations shall also provide |
| 15 | | that an additional 90 days of sentence credit shall be awarded |
| 16 | | to any prisoner who passes high school equivalency testing |
| 17 | | while the prisoner is committed to the Department of |
| 18 | | Corrections. The sentence credit awarded under this paragraph |
| 19 | | (4.1) shall be in addition to, and shall not affect, the award |
| 20 | | of sentence credit under any other paragraph of this Section, |
| 21 | | but shall also be pursuant to the guidelines and restrictions |
| 22 | | set forth in paragraph (4) of subsection (a) of this Section.
|
| 23 | | The sentence credit provided for in this paragraph shall be |
| 24 | | available only to those prisoners who have not previously |
| 25 | | earned a high school diploma or a high school equivalency |
| 26 | | certificate. If, after an award of the high school equivalency |
|
| | SB2916 | - 37 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | testing sentence credit has been made, the Department |
| 2 | | determines that the prisoner was not eligible, then the award |
| 3 | | shall be revoked.
The Department may also award 90 days of |
| 4 | | sentence credit to any committed person who passed high school |
| 5 | | equivalency testing while he or she was held in pre-trial |
| 6 | | detention prior to the current commitment to the Department of |
| 7 | | Corrections. Except as provided in paragraph (4.7) of this |
| 8 | | subsection (a), the rules and regulations shall provide that |
| 9 | | an additional 120 days of sentence credit shall be awarded to |
| 10 | | any prisoner who obtains an a associate degree while the |
| 11 | | prisoner is committed to the Department of Corrections, |
| 12 | | regardless of the date that the associate degree was obtained, |
| 13 | | including if prior to July 1, 2021 (the effective date of |
| 14 | | Public Act 101-652) this amendatory Act of the 101st General |
| 15 | | Assembly. The sentence credit awarded under this paragraph |
| 16 | | (4.1) shall be in addition to, and shall not affect, the award |
| 17 | | of sentence credit under any other paragraph of this Section, |
| 18 | | but shall also be under the guidelines and restrictions set |
| 19 | | forth in paragraph (4) of subsection (a) of this Section. The |
| 20 | | sentence credit provided for in this paragraph (4.1) shall be |
| 21 | | available only to those prisoners who have not previously |
| 22 | | earned an associate degree prior to the current commitment to |
| 23 | | the Department of Corrections. If, after an award of the |
| 24 | | associate degree sentence credit has been made and the |
| 25 | | Department determines that the prisoner was not eligible, then |
| 26 | | the award shall be revoked. The Department may also award 120 |
|
| | SB2916 | - 38 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | days of sentence credit to any committed person who earned an |
| 2 | | associate degree while he or she was held in pre-trial |
| 3 | | detention prior to the current commitment to the Department of |
| 4 | | Corrections. |
| 5 | | Except as provided in paragraph (4.7) of this subsection |
| 6 | | (a), the rules and regulations shall provide that an |
| 7 | | additional 180 days of sentence credit shall be awarded to any |
| 8 | | prisoner who obtains a bachelor's degree while the prisoner is |
| 9 | | committed to the Department of Corrections. The sentence |
| 10 | | credit awarded under this paragraph (4.1) shall be in addition |
| 11 | | to, and shall not affect, the award of sentence credit under |
| 12 | | any other paragraph of this Section, but shall also be under |
| 13 | | the guidelines and restrictions set forth in paragraph (4) of |
| 14 | | this subsection (a). The sentence credit provided for in this |
| 15 | | paragraph shall be available only to those prisoners who have |
| 16 | | not earned a bachelor's degree prior to the current commitment |
| 17 | | to the Department of Corrections. If, after an award of the |
| 18 | | bachelor's degree sentence credit has been made, the |
| 19 | | Department determines that the prisoner was not eligible, then |
| 20 | | the award shall be revoked. The Department may also award 180 |
| 21 | | days of sentence credit to any committed person who earned a |
| 22 | | bachelor's degree while he or she was held in pre-trial |
| 23 | | detention prior to the current commitment to the Department of |
| 24 | | Corrections. |
| 25 | | Except as provided in paragraph (4.7) of this subsection |
| 26 | | (a), the rules and regulations shall provide that an |
|
| | SB2916 | - 39 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | additional 180 days of sentence credit shall be awarded to any |
| 2 | | prisoner who obtains a master's or professional degree while |
| 3 | | the prisoner is committed to the Department of Corrections. |
| 4 | | The sentence credit awarded under this paragraph (4.1) shall |
| 5 | | be in addition to, and shall not affect, the award of sentence |
| 6 | | credit under any other paragraph of this Section, but shall |
| 7 | | also be under the guidelines and restrictions set forth in |
| 8 | | paragraph (4) of this subsection (a). The sentence credit |
| 9 | | provided for in this paragraph shall be available only to |
| 10 | | those prisoners who have not previously earned a master's or |
| 11 | | professional degree prior to the current commitment to the |
| 12 | | Department of Corrections. If, after an award of the master's |
| 13 | | or professional degree sentence credit has been made, the |
| 14 | | Department determines that the prisoner was not eligible, then |
| 15 | | the award shall be revoked. The Department may also award 180 |
| 16 | | days of sentence credit to any committed person who earned a |
| 17 | | master's or professional degree while he or she was held in |
| 18 | | pre-trial detention prior to the current commitment to the |
| 19 | | Department of Corrections. |
| 20 | | (4.2) The rules and regulations shall also provide that |
| 21 | | any prisoner engaged in self-improvement programs, volunteer |
| 22 | | work, or work assignments that are not otherwise eligible |
| 23 | | activities under paragraph section (4), shall receive up to |
| 24 | | 0.5 days of sentence credit for each day in which the prisoner |
| 25 | | is engaged in activities described in this paragraph. |
| 26 | | (4.5) The rules and regulations on sentence credit shall |
|
| | SB2916 | - 40 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | also provide that
when the court's sentencing order recommends |
| 2 | | a prisoner for substance abuse treatment and the
crime was |
| 3 | | committed on or after September 1, 2003 (the effective date of
|
| 4 | | Public Act 93-354), the prisoner shall receive no sentence |
| 5 | | credit awarded under clause (3) of this subsection (a) unless |
| 6 | | he or she participates in and
completes a substance abuse |
| 7 | | treatment program. The Director may waive the requirement to |
| 8 | | participate in or complete a substance abuse treatment program |
| 9 | | in specific instances if the prisoner is not a good candidate |
| 10 | | for a substance abuse treatment program for medical, |
| 11 | | programming, or operational reasons. Availability of
substance |
| 12 | | abuse treatment shall be subject to the limits of fiscal |
| 13 | | resources
appropriated by the General Assembly for these |
| 14 | | purposes. If treatment is not
available and the requirement to |
| 15 | | participate and complete the treatment has not been waived by |
| 16 | | the Director, the prisoner shall be placed on a waiting list |
| 17 | | under criteria
established by the Department. The Director may |
| 18 | | allow a prisoner placed on
a waiting list to participate in and |
| 19 | | complete a substance abuse education class or attend substance
|
| 20 | | abuse self-help meetings in lieu of a substance abuse |
| 21 | | treatment program. A prisoner on a waiting list who is not |
| 22 | | placed in a substance abuse program prior to release may be |
| 23 | | eligible for a waiver and receive sentence credit under clause |
| 24 | | (3) of this subsection (a) at the discretion of the Director.
|
| 25 | | (4.6) The rules and regulations on sentence credit shall |
| 26 | | also provide that a prisoner who has been convicted of a sex |
|
| | SB2916 | - 41 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | offense as defined in Section 2 of the Sex Offender |
| 2 | | Registration Act shall receive no sentence credit unless he or |
| 3 | | she either has successfully completed or is participating in |
| 4 | | sex offender treatment as defined by the Sex Offender |
| 5 | | Management Board. However, prisoners who are waiting to |
| 6 | | receive treatment, but who are unable to do so due solely to |
| 7 | | the lack of resources on the part of the Department, may, at |
| 8 | | the Director's sole discretion, be awarded sentence credit at |
| 9 | | a rate as the Director shall determine. |
| 10 | | (4.7) On or after January 1, 2018 (the effective date of |
| 11 | | Public Act 100-3), sentence credit under paragraph (3), (4), |
| 12 | | or (4.1) of this subsection (a) may be awarded to a prisoner |
| 13 | | who is serving a sentence for an offense described in |
| 14 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
| 15 | | on or after January 1, 2018 (the effective date of Public Act |
| 16 | | 100-3); provided, the award of the credits under this |
| 17 | | paragraph (4.7) shall not reduce the sentence of the prisoner |
| 18 | | to less than the following amounts: |
| 19 | | (i) 85% of his or her sentence if the prisoner is |
| 20 | | required to serve 85% of his or her sentence; or |
| 21 | | (ii) 60% of his or her sentence if the prisoner is |
| 22 | | required to serve 75% of his or her sentence, except if the |
| 23 | | prisoner is serving a sentence for gunrunning his or her |
| 24 | | sentence shall not be reduced to less than 75%. |
| 25 | | (iii) 100% of his or her sentence if the prisoner is |
| 26 | | required to serve 100% of his or her sentence. |
|
| | SB2916 | - 42 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | (5) Whenever the Department is to release any inmate |
| 2 | | earlier than it
otherwise would because of a grant of earned |
| 3 | | sentence credit under paragraph (3) of subsection (a) of this |
| 4 | | Section given at any time during the term, the Department |
| 5 | | shall give
reasonable notice of the impending release not less |
| 6 | | than 14 days prior to the date of the release to the State's
|
| 7 | | Attorney of the county where the prosecution of the inmate |
| 8 | | took place, and if applicable, the State's Attorney of the |
| 9 | | county into which the inmate will be released. The Department |
| 10 | | must also make identification information and a recent photo |
| 11 | | of the inmate being released accessible on the Internet by |
| 12 | | means of a hyperlink labeled "Community Notification of Inmate |
| 13 | | Early Release" on the Department's World Wide Web homepage.
|
| 14 | | The identification information shall include the inmate's: |
| 15 | | name, any known alias, date of birth, physical |
| 16 | | characteristics, commitment offense, and county where |
| 17 | | conviction was imposed. The identification information shall |
| 18 | | be placed on the website within 3 days of the inmate's release |
| 19 | | and the information may not be removed until either: |
| 20 | | completion of the first year of mandatory supervised release |
| 21 | | or return of the inmate to custody of the Department.
|
| 22 | | (b) Whenever a person is or has been committed under
|
| 23 | | several convictions, with separate sentences, the sentences
|
| 24 | | shall be construed under Section 5-8-4 in granting and
|
| 25 | | forfeiting of sentence credit.
|
| 26 | | (c) (1) The Department shall prescribe rules and |
|
| | SB2916 | - 43 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | regulations
for revoking sentence credit, including revoking |
| 2 | | sentence credit awarded under paragraph (3) of subsection (a) |
| 3 | | of this Section. The Department shall prescribe rules and |
| 4 | | regulations establishing and requiring the use of a sanctions |
| 5 | | matrix for revoking sentence credit. The Department shall |
| 6 | | prescribe rules and regulations for suspending or reducing
the |
| 7 | | rate of accumulation of sentence credit for specific
rule |
| 8 | | violations, during imprisonment. These rules and regulations
|
| 9 | | shall provide that no inmate may be penalized more than one
|
| 10 | | year of sentence credit for any one infraction.
|
| 11 | | (2) When the Department seeks to revoke, suspend, or |
| 12 | | reduce
the rate of accumulation of any sentence credits for
an |
| 13 | | alleged infraction of its rules, it shall bring charges
|
| 14 | | therefor against the prisoner sought to be so deprived of
|
| 15 | | sentence credits before the Prisoner Review Board as
provided |
| 16 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
| 17 | | amount of credit at issue exceeds 30 days, whether from one |
| 18 | | infraction or cumulatively from multiple infractions arising |
| 19 | | out of a single event, or
when, during any 12-month period, the |
| 20 | | cumulative amount of
credit revoked exceeds 30 days except |
| 21 | | where the infraction is committed
or discovered within 60 days |
| 22 | | of scheduled release. In those cases,
the Department of |
| 23 | | Corrections may revoke up to 30 days of sentence credit.
The |
| 24 | | Board may subsequently approve the revocation of additional |
| 25 | | sentence credit, if the Department seeks to revoke sentence |
| 26 | | credit in
excess of 30 days. However, the Board shall not be |
|
| | SB2916 | - 44 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | empowered to review the
Department's decision with respect to |
| 2 | | the loss of 30 days of sentence
credit within any calendar year |
| 3 | | for any prisoner or to increase any penalty
beyond the length |
| 4 | | requested by the Department.
|
| 5 | | (3) The Director of the Department of Corrections, in |
| 6 | | appropriate cases, may
restore sentence credits which have |
| 7 | | been revoked, suspended,
or reduced. The Department shall |
| 8 | | prescribe rules and regulations governing the restoration of |
| 9 | | sentence credits. These rules and regulations shall provide |
| 10 | | for the automatic restoration of sentence credits following a |
| 11 | | period in which the prisoner maintains a record without a |
| 12 | | disciplinary violation.
|
| 13 | | Nothing contained in this Section shall prohibit the |
| 14 | | Prisoner Review Board
from ordering, pursuant to Section |
| 15 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
| 16 | | sentence imposed by the court that was not served due to the
|
| 17 | | accumulation of sentence credit.
|
| 18 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| 19 | | federal court
against the State, the Department of |
| 20 | | Corrections, or the Prisoner Review Board,
or against any of
|
| 21 | | their officers or employees, and the court makes a specific |
| 22 | | finding that a
pleading, motion, or other paper filed by the |
| 23 | | prisoner is frivolous, the
Department of Corrections shall |
| 24 | | conduct a hearing to revoke up to
180 days of sentence credit |
| 25 | | by bringing charges against the prisoner
sought to be deprived |
| 26 | | of the sentence credits before the Prisoner Review
Board as |
|
| | SB2916 | - 45 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
|
| 2 | | If the prisoner has not accumulated 180 days of sentence |
| 3 | | credit at the
time of the finding, then the Prisoner Review |
| 4 | | Board may revoke all
sentence credit accumulated by the |
| 5 | | prisoner.
|
| 6 | | For purposes of this subsection (d):
|
| 7 | | (1) "Frivolous" means that a pleading, motion, or |
| 8 | | other filing which
purports to be a legal document filed |
| 9 | | by a prisoner in his or her lawsuit meets
any or all of the |
| 10 | | following criteria:
|
| 11 | | (A) it lacks an arguable basis either in law or in |
| 12 | | fact;
|
| 13 | | (B) it is being presented for any improper |
| 14 | | purpose, such as to harass or
to cause unnecessary |
| 15 | | delay or needless increase in the cost of litigation;
|
| 16 | | (C) the claims, defenses, and other legal |
| 17 | | contentions therein are not
warranted by existing law |
| 18 | | or by a nonfrivolous argument for the extension,
|
| 19 | | modification, or reversal of existing law or the |
| 20 | | establishment of new law;
|
| 21 | | (D) the allegations and other factual contentions |
| 22 | | do not have
evidentiary
support or, if specifically so |
| 23 | | identified, are not likely to have evidentiary
support |
| 24 | | after a reasonable opportunity for further |
| 25 | | investigation or discovery;
or
|
| 26 | | (E) the denials of factual contentions are not |
|
| | SB2916 | - 46 - | LRB102 20321 RLC 29176 b |
|
|
|
| 1 | | warranted on the
evidence, or if specifically so |
| 2 | | identified, are not reasonably based on a lack
of |
| 3 | | information or belief.
|
| 4 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
| 5 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
| 6 | | action under
Article X of the Code of Civil Procedure or |
| 7 | | under federal law (28 U.S.C. 2254),
a petition for claim |
| 8 | | under the Court of Claims Act, an action under the
federal |
| 9 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
| 10 | | subsequent petition for post-conviction relief under |
| 11 | | Article 122 of the Code of Criminal Procedure of 1963 |
| 12 | | whether filed with or without leave of court or a second or |
| 13 | | subsequent petition for relief from judgment under Section |
| 14 | | 2-1401 of the Code of Civil Procedure.
|
| 15 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
| 16 | | validity of Public Act 89-404.
|
| 17 | | (f) Whenever the Department is to release any inmate who |
| 18 | | has been convicted of a violation of an order of protection |
| 19 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
| 20 | | the Criminal Code of 2012, earlier than it
otherwise would |
| 21 | | because of a grant of sentence credit, the Department, as a |
| 22 | | condition of release, shall require that the person, upon |
| 23 | | release, be placed under electronic surveillance as provided |
| 24 | | in Section 5-8A-7 of this Code. |
| 25 | | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; |
| 26 | | 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; revised 4-28-21.)
|