Bill Text: IL SB3716 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning rules and regulations for early release on account of good conduct of persons committed to the Department of Corrections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3716 Detail]
Download: Illinois-2011-SB3716-Introduced.html
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1 | AN ACT concerning corrections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 3-6-3 as follows:
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6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | Sec. 3-6-3. Rules and Regulations for Early Release.
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8 | (a) (1) The Department of Corrections shall shall | |||||||||||||||||||
9 | prescribe rules
and regulations for the early release on | |||||||||||||||||||
10 | account of good
conduct of persons committed to the | |||||||||||||||||||
11 | Department which shall
be subject to review by the Prisoner | |||||||||||||||||||
12 | Review Board.
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13 | (2) The rules and regulations on early release shall | |||||||||||||||||||
14 | provide, with
respect to offenses listed in clause (i), | |||||||||||||||||||
15 | (ii), or (iii) of this paragraph (2) committed on or after | |||||||||||||||||||
16 | June 19, 1998 or with respect to the offense listed in | |||||||||||||||||||
17 | clause (iv) of this paragraph (2) committed on or after | |||||||||||||||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | |||||||||||||||||||
19 | with
respect to offense listed in clause (vi)
committed on | |||||||||||||||||||
20 | or after June 1, 2008 (the effective date of Public Act | |||||||||||||||||||
21 | 95-625)
or with respect to the offense of being an armed | |||||||||||||||||||
22 | habitual criminal committed on or after August 2, 2005 (the | |||||||||||||||||||
23 | effective date of Public Act 94-398) or with respect to the |
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1 | offenses listed in clause (v) of this paragraph (2) | ||||||
2 | committed on or after August 13, 2007 (the effective date | ||||||
3 | of Public Act 95-134) or with respect to the offense of | ||||||
4 | aggravated domestic battery committed on or after July 23, | ||||||
5 | 2010 (the effective date of Public Act 96-1224), the | ||||||
6 | following:
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7 | (i) that a prisoner who is serving a term of | ||||||
8 | imprisonment for first
degree murder or for the offense | ||||||
9 | of terrorism shall receive no good conduct
credit and | ||||||
10 | shall serve the entire
sentence imposed by the court;
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11 | (ii) that a prisoner serving a sentence for attempt | ||||||
12 | to commit first
degree murder, solicitation of murder, | ||||||
13 | solicitation of murder for hire,
intentional homicide | ||||||
14 | of an unborn child, predatory criminal sexual assault | ||||||
15 | of a
child, aggravated criminal sexual assault, | ||||||
16 | criminal sexual assault, aggravated
kidnapping, | ||||||
17 | aggravated battery with a firearm as described in | ||||||
18 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
19 | or (e)(4) of Section 12-3.05, heinous battery as | ||||||
20 | described in Section 12-4.1 or subdivision (a)(2) of | ||||||
21 | Section 12-3.05, being an armed habitual criminal, | ||||||
22 | aggravated
battery of a senior citizen as described in | ||||||
23 | Section 12-4.6 or subdivision (a)(4) of Section | ||||||
24 | 12-3.05, or aggravated battery of a child as described | ||||||
25 | in Section 12-4.3 or subdivision (b)(1) of Section | ||||||
26 | 12-3.05 shall receive no
more than 4.5 days of good |
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1 | conduct credit for each month of his or her sentence
of | ||||||
2 | imprisonment;
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3 | (iii) that a prisoner serving a sentence
for home | ||||||
4 | invasion, armed robbery, aggravated vehicular | ||||||
5 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
6 | violence with a category I weapon
or category II | ||||||
7 | weapon, when the court
has made and entered a finding, | ||||||
8 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
9 | Code, that the conduct leading to conviction for the | ||||||
10 | enumerated offense
resulted in great bodily harm to a | ||||||
11 | victim, shall receive no more than 4.5 days
of good | ||||||
12 | conduct credit for each month of his or her sentence of | ||||||
13 | imprisonment;
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14 | (iv) that a prisoner serving a sentence for | ||||||
15 | aggravated discharge of a firearm, whether or not the | ||||||
16 | conduct leading to conviction for the offense resulted | ||||||
17 | in great bodily harm to the victim, shall receive no | ||||||
18 | more than 4.5 days of good conduct credit for each | ||||||
19 | month of his or her sentence of imprisonment;
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20 | (v) that a person serving a sentence for | ||||||
21 | gunrunning, narcotics racketeering, controlled | ||||||
22 | substance trafficking, methamphetamine trafficking, | ||||||
23 | drug-induced homicide, aggravated | ||||||
24 | methamphetamine-related child endangerment, money | ||||||
25 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
26 | 29B-1 of the Criminal Code of 1961, or a Class X felony |
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1 | conviction for delivery of a controlled substance, | ||||||
2 | possession of a controlled substance with intent to | ||||||
3 | manufacture or deliver, calculated criminal drug | ||||||
4 | conspiracy, criminal drug conspiracy, street gang | ||||||
5 | criminal drug conspiracy, participation in | ||||||
6 | methamphetamine manufacturing, aggravated | ||||||
7 | participation in methamphetamine manufacturing, | ||||||
8 | delivery of methamphetamine, possession with intent to | ||||||
9 | deliver methamphetamine, aggravated delivery of | ||||||
10 | methamphetamine, aggravated possession with intent to | ||||||
11 | deliver methamphetamine, methamphetamine conspiracy | ||||||
12 | when the substance containing the controlled substance | ||||||
13 | or methamphetamine is 100 grams or more shall receive | ||||||
14 | no more than 7.5 days good conduct credit for each | ||||||
15 | month of his or her sentence of imprisonment;
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16 | (vi)
that a prisoner serving a sentence for a | ||||||
17 | second or subsequent offense of luring a minor shall | ||||||
18 | receive no more than 4.5 days of good conduct credit | ||||||
19 | for each month of his or her sentence of imprisonment; | ||||||
20 | and
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21 | (vii) that a prisoner serving a sentence for | ||||||
22 | aggravated domestic battery shall receive no more than | ||||||
23 | 4.5 days of good conduct credit for each month of his | ||||||
24 | or her sentence of imprisonment.
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25 | (2.1) For all offenses, other than those enumerated in | ||||||
26 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
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1 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
2 | after June 23, 2005 (the effective date of Public Act | ||||||
3 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
4 | August 13, 2007 (the effective date of Public Act 95-134)
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5 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
6 | 2008 (the effective date of Public Act 95-625) or | ||||||
7 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
8 | (the effective date of Public Act 96-1224), and other than | ||||||
9 | the offense of aggravated driving under the influence of | ||||||
10 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
11 | compounds, or any combination thereof as defined in
| ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
13 | Section 11-501 of the
Illinois Vehicle Code, and other than | ||||||
14 | the offense of aggravated driving under the influence of | ||||||
15 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
19 | after January 1, 2011 (the effective date of Public Act | ||||||
20 | 96-1230),
the rules and regulations shall
provide that a | ||||||
21 | prisoner who is serving a term of
imprisonment shall | ||||||
22 | receive one day of good conduct credit for each day of
his | ||||||
23 | or her sentence of imprisonment or recommitment under | ||||||
24 | Section 3-3-9.
Each day of good conduct credit shall reduce | ||||||
25 | by one day the prisoner's period
of imprisonment or | ||||||
26 | recommitment under Section 3-3-9.
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1 | (2.2) A prisoner serving a term of natural life | ||||||
2 | imprisonment or a
prisoner who has been sentenced to death | ||||||
3 | shall receive no good conduct
credit.
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4 | (2.3) The rules and regulations on early release shall | ||||||
5 | provide that
a prisoner who is serving a sentence for | ||||||
6 | aggravated driving under the influence of alcohol,
other | ||||||
7 | drug or drugs, or intoxicating compound or compounds, or | ||||||
8 | any combination
thereof as defined in subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
10 | Illinois Vehicle Code, shall receive no more than 4.5
days | ||||||
11 | of good conduct credit for each month of his or her | ||||||
12 | sentence of
imprisonment.
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13 | (2.4) The rules and regulations on early release shall | ||||||
14 | provide with
respect to the offenses of aggravated battery | ||||||
15 | with a machine gun or a firearm
equipped with any device or | ||||||
16 | attachment designed or used for silencing the
report of a | ||||||
17 | firearm or aggravated discharge of a machine gun or a | ||||||
18 | firearm
equipped with any device or attachment designed or | ||||||
19 | used for silencing the
report of a firearm, committed on or | ||||||
20 | after
July 15, 1999 (the effective date of Public Act | ||||||
21 | 91-121),
that a prisoner serving a sentence for any of | ||||||
22 | these offenses shall receive no
more than 4.5 days of good | ||||||
23 | conduct credit for each month of his or her sentence
of | ||||||
24 | imprisonment.
| ||||||
25 | (2.5) The rules and regulations on early release shall | ||||||
26 | provide that a
prisoner who is serving a sentence for |
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1 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
2 | effective date of Public Act 92-176) shall receive no more | ||||||
3 | than
4.5 days of good conduct credit for each month of his | ||||||
4 | or her sentence of
imprisonment.
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5 | (2.6) The rules and regulations on early release shall | ||||||
6 | provide that a
prisoner who is serving a sentence for | ||||||
7 | aggravated driving under the influence of alcohol,
other | ||||||
8 | drug or drugs, or intoxicating compound or compounds or any | ||||||
9 | combination
thereof as defined in subparagraph (C) of | ||||||
10 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
11 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
12 | (the effective date of Public Act 96-1230) shall receive no | ||||||
13 | more than 4.5
days of good conduct credit for each month of | ||||||
14 | his or her sentence of
imprisonment.
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15 | (3) The rules and regulations shall also provide that
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16 | the Director may award up to 180 days additional good | ||||||
17 | conduct
credit for meritorious service in specific | ||||||
18 | instances as the
Director deems proper; except that no more | ||||||
19 | than 90 days
of good conduct credit for meritorious service
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20 | shall be awarded to any prisoner who is serving a sentence | ||||||
21 | for
conviction of first degree murder, reckless homicide | ||||||
22 | while under the
influence of alcohol or any other drug,
or | ||||||
23 | aggravated driving under the influence of alcohol, other | ||||||
24 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
25 | any combination thereof as defined in
subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of the
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1 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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2 | predatory criminal sexual assault of a child,
aggravated | ||||||
3 | criminal sexual assault, criminal sexual assault, deviate | ||||||
4 | sexual
assault, aggravated criminal sexual abuse, | ||||||
5 | aggravated indecent liberties
with a child, indecent | ||||||
6 | liberties with a child, child pornography, heinous
battery | ||||||
7 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
8 | Section 12-3.05, aggravated battery of a spouse, | ||||||
9 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
10 | aggravated stalking, aggravated battery of a child as | ||||||
11 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
12 | Section 12-3.05,
endangering the life or health of a child, | ||||||
13 | or cruelty to a child. Notwithstanding the foregoing, good | ||||||
14 | conduct credit for
meritorious service shall not be awarded | ||||||
15 | on a
sentence of imprisonment imposed for conviction of: | ||||||
16 | (i) one of the offenses
enumerated in subdivision | ||||||
17 | (a)(2)(i), (ii), or (iii) when the offense is committed on | ||||||
18 | or after
June 19, 1998 or subdivision (a)(2)(iv) when the | ||||||
19 | offense is committed on or after June 23, 2005 (the | ||||||
20 | effective date of Public Act 94-71) or subdivision | ||||||
21 | (a)(2)(v) when the offense is committed on or after August | ||||||
22 | 13, 2007 (the effective date of Public Act 95-134)
or | ||||||
23 | subdivision (a)(2)(vi) when the offense is committed on or | ||||||
24 | after June 1, 2008 (the effective date of Public Act | ||||||
25 | 95-625) or subdivision (a)(2)(vii) when the offense is | ||||||
26 | committed on or after July 23, 2010 (the effective date of |
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1 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
2 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
3 | compound or compounds, or any combination thereof as | ||||||
4 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
5 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
6 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
7 | the offense is committed on or after
July 15, 1999 (the | ||||||
8 | effective date of Public Act 91-121),
(iv) aggravated arson | ||||||
9 | when the offense is committed
on or after July 27, 2001 | ||||||
10 | (the effective date of Public Act 92-176), (v) offenses | ||||||
11 | that may subject the offender to commitment under the | ||||||
12 | Sexually Violent Persons Commitment Act, or (vi) | ||||||
13 | aggravated driving under the influence of alcohol,
other | ||||||
14 | drug or drugs, or intoxicating compound or compounds or any | ||||||
15 | combination
thereof as defined in subparagraph (C) of | ||||||
16 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
17 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
18 | (the effective date of Public Act 96-1230).
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19 | The Director shall not award good conduct credit for | ||||||
20 | meritorious service under this paragraph (3) to an inmate | ||||||
21 | unless the inmate has served a minimum of 60 days of the | ||||||
22 | sentence; except nothing in this paragraph shall be | ||||||
23 | construed to permit the Director to extend an inmate's | ||||||
24 | sentence beyond that which was imposed by the court. Prior | ||||||
25 | to awarding credit under this paragraph (3), the Director | ||||||
26 | shall make a written determination that the inmate: |
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1 | (A) is eligible for good conduct credit for | ||||||
2 | meritorious service; | ||||||
3 | (B) has served a minimum of 60 days, or as close to | ||||||
4 | 60 days as the sentence will allow; and | ||||||
5 | (C) has met the eligibility criteria established | ||||||
6 | by rule. | ||||||
7 | The Director shall determine the form and content of | ||||||
8 | the written determination required in this subsection.
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9 | (4) The rules and regulations shall also provide that | ||||||
10 | the good conduct
credit accumulated and retained under | ||||||
11 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
12 | inmate during specific periods of time in which such
inmate | ||||||
13 | is engaged full-time in substance abuse programs, | ||||||
14 | correctional
industry assignments, or educational programs | ||||||
15 | provided by the Department
under this paragraph (4) and | ||||||
16 | satisfactorily completes the assigned program as
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17 | determined by the standards of the Department, shall be | ||||||
18 | multiplied by a factor
of 1.25 for program participation | ||||||
19 | before August 11, 1993
and 1.50 for program participation | ||||||
20 | on or after that date.
However, no inmate shall be eligible | ||||||
21 | for the additional good conduct credit
under this paragraph | ||||||
22 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
23 | boot camp
or electronic detention, or if convicted of an | ||||||
24 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
25 | (iii) of this Section that is committed on or after June | ||||||
26 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is |
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1 | committed on or after June 23, 2005 (the effective date of | ||||||
2 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
3 | that is committed on or after August 13, 2007 (the | ||||||
4 | effective date of Public Act 95-134)
or subdivision | ||||||
5 | (a)(2)(vi) when the offense is committed on or after June | ||||||
6 | 1, 2008 (the effective date of Public Act 95-625) or | ||||||
7 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
8 | after July 23, 2010 (the effective date of Public Act | ||||||
9 | 96-1224), or if convicted of aggravated driving under the | ||||||
10 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
11 | compound or compounds or any combination thereof as defined | ||||||
12 | in
subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
13 | Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
14 | convicted of aggravated driving under the influence of | ||||||
15 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
19 | after January 1, 2011 (the effective date of Public Act | ||||||
20 | 96-1230), or if convicted of an offense enumerated in | ||||||
21 | paragraph
(a)(2.4) of this Section that is committed on or | ||||||
22 | after
July 15, 1999 (the effective date of Public Act | ||||||
23 | 91-121),
or first degree murder, a Class X felony, criminal | ||||||
24 | sexual
assault, felony criminal sexual abuse, aggravated | ||||||
25 | criminal sexual abuse,
aggravated battery with a firearm as | ||||||
26 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
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1 | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||||||
2 | successor offenses
with the same or substantially the same | ||||||
3 | elements, or any inchoate offenses
relating to the | ||||||
4 | foregoing offenses. No inmate shall be eligible for the
| ||||||
5 | additional good conduct credit under this paragraph (4) who | ||||||
6 | (i) has previously
received increased good conduct credit | ||||||
7 | under this paragraph (4) and has
subsequently been | ||||||
8 | convicted of a
felony, or (ii) has previously served more | ||||||
9 | than one prior sentence of
imprisonment for a felony in an | ||||||
10 | adult correctional facility.
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11 | Educational, vocational, substance abuse and | ||||||
12 | correctional
industry programs under which good conduct | ||||||
13 | credit may be increased under
this paragraph (4) and | ||||||
14 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
15 | by the Department on the basis of
documented standards. The | ||||||
16 | Department shall report the results of these
evaluations to | ||||||
17 | the Governor and the General Assembly by September 30th of | ||||||
18 | each
year. The reports shall include data relating to the | ||||||
19 | recidivism rate among
program participants.
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20 | Availability of these programs shall be subject to the
| ||||||
21 | limits of fiscal resources appropriated by the General | ||||||
22 | Assembly for these
purposes. Eligible inmates who are | ||||||
23 | denied immediate admission shall be
placed on a waiting | ||||||
24 | list under criteria established by the Department.
The | ||||||
25 | inability of any inmate to become engaged in any such | ||||||
26 | programs
by reason of insufficient program resources or for |
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1 | any other reason
established under the rules and | ||||||
2 | regulations of the Department shall not be
deemed a cause | ||||||
3 | of action under which the Department or any employee or
| ||||||
4 | agent of the Department shall be liable for damages to the | ||||||
5 | inmate.
| ||||||
6 | (4.1) The rules and regulations shall also provide that | ||||||
7 | an additional 60 days of good conduct credit shall be | ||||||
8 | awarded to any prisoner who passes the high school level | ||||||
9 | Test of General Educational Development (GED) while the | ||||||
10 | prisoner is incarcerated. The good conduct credit awarded | ||||||
11 | under this paragraph (4.1) shall be in addition to, and | ||||||
12 | shall not affect, the award of good conduct under any other | ||||||
13 | paragraph of this Section, but shall also be pursuant to | ||||||
14 | the guidelines and restrictions set forth in paragraph (4) | ||||||
15 | of subsection (a) of this Section.
The good conduct credit | ||||||
16 | provided for in this paragraph shall be available only to | ||||||
17 | those prisoners who have not previously earned a high | ||||||
18 | school diploma or a GED. If, after an award of the GED good | ||||||
19 | conduct credit has been made and the Department determines | ||||||
20 | that the prisoner was not eligible, then the award shall be | ||||||
21 | revoked.
| ||||||
22 | (4.5) The rules and regulations on early release shall | ||||||
23 | also provide that
when the court's sentencing order | ||||||
24 | recommends a prisoner for substance abuse treatment and the
| ||||||
25 | crime was committed on or after September 1, 2003 (the | ||||||
26 | effective date of
Public Act 93-354), the prisoner shall |
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1 | receive no good conduct credit awarded under clause (3) of | ||||||
2 | this subsection (a) unless he or she participates in and
| ||||||
3 | completes a substance abuse treatment program. The | ||||||
4 | Director may waive the requirement to participate in or | ||||||
5 | complete a substance abuse treatment program and award the | ||||||
6 | good conduct credit in specific instances if the prisoner | ||||||
7 | is not a good candidate for a substance abuse treatment | ||||||
8 | program for medical, programming, or operational reasons. | ||||||
9 | Availability of
substance abuse treatment shall be subject | ||||||
10 | to the limits of fiscal resources
appropriated by the | ||||||
11 | General Assembly for these purposes. If treatment is not
| ||||||
12 | available and the requirement to participate and complete | ||||||
13 | the treatment has not been waived by the Director, the | ||||||
14 | prisoner shall be placed on a waiting list under criteria
| ||||||
15 | established by the Department. The Director may allow a | ||||||
16 | prisoner placed on
a waiting list to participate in and | ||||||
17 | complete a substance abuse education class or attend | ||||||
18 | substance
abuse self-help meetings in lieu of a substance | ||||||
19 | abuse treatment program. A prisoner on a waiting list who | ||||||
20 | is not placed in a substance abuse program prior to release | ||||||
21 | may be eligible for a waiver and receive good conduct | ||||||
22 | credit under clause (3) of this subsection (a) at the | ||||||
23 | discretion of the Director.
| ||||||
24 | (4.6) The rules and regulations on early release shall | ||||||
25 | also provide that a prisoner who has been convicted of a | ||||||
26 | sex offense as defined in Section 2 of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act shall receive no good conduct credit | ||||||
2 | unless he or she either has successfully completed or is | ||||||
3 | participating in sex offender treatment as defined by the | ||||||
4 | Sex Offender Management Board. However, prisoners who are | ||||||
5 | waiting to receive such treatment, but who are unable to do | ||||||
6 | so due solely to the lack of resources on the part of the | ||||||
7 | Department, may, at the Director's sole discretion, be | ||||||
8 | awarded good conduct credit at such rate as the Director | ||||||
9 | shall determine.
| ||||||
10 | (5) Whenever the Department is to release any inmate | ||||||
11 | earlier than it
otherwise would because of a grant of good | ||||||
12 | conduct credit for meritorious
service given at any time | ||||||
13 | during the term, the Department shall give
reasonable | ||||||
14 | notice of the impending release not less than 14 days prior | ||||||
15 | to the date of the release to the State's
Attorney of the | ||||||
16 | county where the prosecution of the inmate took place, and | ||||||
17 | if applicable, the State's Attorney of the county into | ||||||
18 | which the inmate will be released. The Department must also | ||||||
19 | make identification information and a recent photo of the | ||||||
20 | inmate being released accessible on the Internet by means | ||||||
21 | of a hyperlink labeled "Community Notification of Inmate | ||||||
22 | Early Release" on the Department's World Wide Web homepage.
| ||||||
23 | The identification information shall include the inmate's: | ||||||
24 | name, any known alias, date of birth, physical | ||||||
25 | characteristics, residence address, commitment offense and | ||||||
26 | county where conviction was imposed. The identification |
| |||||||
| |||||||
1 | information shall be placed on the website within 3 days of | ||||||
2 | the inmate's release and the information may not be removed | ||||||
3 | until either: completion of the first year of mandatory | ||||||
4 | supervised release or return of the inmate to custody of | ||||||
5 | the Department.
| ||||||
6 | (b) Whenever a person is or has been committed under
| ||||||
7 | several convictions, with separate sentences, the sentences
| ||||||
8 | shall be construed under Section 5-8-4 in granting and
| ||||||
9 | forfeiting of good time.
| ||||||
10 | (c) The Department shall prescribe rules and regulations
| ||||||
11 | for revoking good conduct credit, or suspending or reducing
the | ||||||
12 | rate of accumulation of good conduct credit for specific
rule | ||||||
13 | violations, during imprisonment. These rules and regulations
| ||||||
14 | shall provide that no inmate may be penalized more than one
| ||||||
15 | year of good conduct credit for any one infraction.
| ||||||
16 | When the Department seeks to revoke, suspend or reduce
the | ||||||
17 | rate of accumulation of any good conduct credits for
an alleged | ||||||
18 | infraction of its rules, it shall bring charges
therefor | ||||||
19 | against the prisoner sought to be so deprived of
good conduct | ||||||
20 | credits before the Prisoner Review Board as
provided in | ||||||
21 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
22 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
23 | month period, the cumulative amount of
credit revoked exceeds | ||||||
24 | 30 days except where the infraction is committed
or discovered | ||||||
25 | within 60 days of scheduled release. In those cases,
the | ||||||
26 | Department of Corrections may revoke up to 30 days of good |
| |||||||
| |||||||
1 | conduct credit.
The Board may subsequently approve the | ||||||
2 | revocation of additional good
conduct credit, if the Department | ||||||
3 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
4 | However, the Board shall not be empowered to review the
| ||||||
5 | Department's decision with respect to the loss of 30 days of | ||||||
6 | good conduct
credit within any calendar year for any prisoner | ||||||
7 | or to increase any penalty
beyond the length requested by the | ||||||
8 | Department.
| ||||||
9 | The Director of the Department of Corrections, in | ||||||
10 | appropriate cases, may
restore up to 30 days good conduct | ||||||
11 | credits which have been revoked, suspended
or reduced. Any | ||||||
12 | restoration of good conduct credits in excess of 30 days shall
| ||||||
13 | be subject to review by the Prisoner Review Board. However, the | ||||||
14 | Board may not
restore good conduct credit in excess of the | ||||||
15 | amount requested by the Director.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of good conduct credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of Corrections, | ||||||
23 | or the Prisoner Review Board,
or against any of
their officers | ||||||
24 | or employees, and the court makes a specific finding that a
| ||||||
25 | pleading, motion, or other paper filed by the prisoner is | ||||||
26 | frivolous, the
Department of Corrections shall conduct a |
| |||||||
| |||||||
1 | hearing to revoke up to
180 days of good conduct credit by | ||||||
2 | bringing charges against the prisoner
sought to be deprived of | ||||||
3 | the good conduct credits before the Prisoner Review
Board as | ||||||
4 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
5 | If the prisoner has not accumulated 180 days of good conduct | ||||||
6 | credit at the
time of the finding, then the Prisoner Review | ||||||
7 | Board may revoke all
good conduct credit accumulated by the | ||||||
8 | prisoner.
| ||||||
9 | For purposes of this subsection (d):
| ||||||
10 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
11 | filing which
purports to be a legal document filed by a | ||||||
12 | prisoner in his or her lawsuit meets
any or all of the | ||||||
13 | following criteria:
| ||||||
14 | (A) it lacks an arguable basis either in law or in | ||||||
15 | fact;
| ||||||
16 | (B) it is being presented for any improper purpose, | ||||||
17 | such as to harass or
to cause unnecessary delay or | ||||||
18 | needless increase in the cost of litigation;
| ||||||
19 | (C) the claims, defenses, and other legal | ||||||
20 | contentions therein are not
warranted by existing law | ||||||
21 | or by a nonfrivolous argument for the extension,
| ||||||
22 | modification, or reversal of existing law or the | ||||||
23 | establishment of new law;
| ||||||
24 | (D) the allegations and other factual contentions | ||||||
25 | do not have
evidentiary
support or, if specifically so | ||||||
26 | identified, are not likely to have evidentiary
support |
| |||||||
| |||||||
1 | after a reasonable opportunity for further | ||||||
2 | investigation or discovery;
or
| ||||||
3 | (E) the denials of factual contentions are not | ||||||
4 | warranted on the
evidence, or if specifically so | ||||||
5 | identified, are not reasonably based on a lack
of | ||||||
6 | information or belief.
| ||||||
7 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
8 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
9 | action under
Article X of the Code of Civil Procedure or | ||||||
10 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
11 | under the Court of Claims Act, an action under the
federal | ||||||
12 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
13 | subsequent petition for post-conviction relief under | ||||||
14 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
15 | whether filed with or without leave of court or a second or | ||||||
16 | subsequent petition for relief from judgment under Section | ||||||
17 | 2-1401 of the Code of Civil Procedure.
| ||||||
18 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
19 | validity of Public Act 89-404.
| ||||||
20 | (f) Whenever the Department is to release any inmate who | ||||||
21 | has been convicted of a violation of an order of protection | ||||||
22 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961, | ||||||
23 | earlier than it
otherwise would because of a grant of good | ||||||
24 | conduct credit, the Department, as a condition of such early | ||||||
25 | release, shall require that the person, upon release, be placed | ||||||
26 | under electronic surveillance as provided in Section 5-8A-7 of |
| |||||||
| |||||||
1 | this Code. | ||||||
2 | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | ||||||
3 | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
4 | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. | ||||||
5 | 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, | ||||||
6 | eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; | ||||||
7 | 97-333, eff. 8-12-11.)
|