97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3716
 
Introduced 2/10/2012, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:






730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3

 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.



LRB097 18995 RLC 64234 b


 
 
A BILL FOR
 


SB3716LRB097 18995 RLC 64234 b



1 AN ACT concerning corrections.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-6-3 as follows:



6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


7 Sec. 3-6-3. Rules and Regulations for Early Release. 


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.


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:


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;


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;


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;

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;

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;

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

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. 

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)

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.


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.


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.

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.

15  (3) The rules and regulations shall also provide that

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

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,

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).

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.

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

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.


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.


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 
 
 
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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 
 
 
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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

7several convictions, with separate sentences, the sentences

8shall be construed under Section 5-8-4 in granting and

9forfeiting of good time.

10 (c) The Department shall prescribe rules and regulations

11for revoking good conduct credit, or suspending or reducing
the 
12rate of accumulation of good conduct credit for specific
rule 
13violations, during imprisonment. These rules and regulations

14shall provide that no inmate may be penalized more than one

15year of good conduct credit for any one infraction.

16 When the Department seeks to revoke, suspend or reduce
the 
17rate of accumulation of any good conduct credits for
an alleged 
18infraction of its rules, it shall bring charges
therefor 
19against the prisoner sought to be so deprived of
good conduct 
20credits before the Prisoner Review Board as
provided in 
21subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
22amount of credit at issue exceeds 30 days or
when during any 12 
23month period, the cumulative amount of
credit revoked exceeds 
2430 days except where the infraction is committed
or discovered 
25within 60 days of scheduled release. In those cases,
the 
26Department of Corrections may revoke up to 30 days of good 
 
 
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1conduct credit.
The Board may subsequently approve the 
2revocation of additional good
conduct credit, if the Department 
3seeks to revoke good conduct credit in
excess of 30 days. 
4However, the Board shall not be empowered to review the

5Department's decision with respect to the loss of 30 days of 
6good conduct
credit within any calendar year for any prisoner 
7or to increase any penalty
beyond the length requested by the 
8Department.

9 The Director of the Department of Corrections, in 
10appropriate cases, may
restore up to 30 days good conduct 
11credits which have been revoked, suspended
or reduced. Any 
12restoration of good conduct credits in excess of 30 days shall

13be subject to review by the Prisoner Review Board. However, the 
14Board may not
restore good conduct credit in excess of the 
15amount requested by the Director.

16 Nothing contained in this Section shall prohibit the 
17Prisoner Review Board
from ordering, pursuant to Section 
183-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
19sentence imposed by the court that was not served due to the

20accumulation of good conduct credit.

21 (d) If a lawsuit is filed by a prisoner in an Illinois or 
22federal court
against the State, the Department of Corrections, 
23or the Prisoner Review Board,
or against any of
their officers 
24or employees, and the court makes a specific finding that a

25pleading, motion, or other paper filed by the prisoner is 
26frivolous, the
Department of Corrections shall conduct a 
 
 
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1hearing to revoke up to
180 days of good conduct credit by 
2bringing charges against the prisoner
sought to be deprived of 
3the good conduct credits before the Prisoner Review
Board as 
4provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

5If the prisoner has not accumulated 180 days of good conduct 
6credit at the
time of the finding, then the Prisoner Review 
7Board may revoke all
good conduct credit accumulated by the 
8prisoner.

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 
 
 
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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 
19validity of Public Act 89-404.

20 (f) Whenever the Department is to release any inmate who 
21has been convicted of a violation of an order of protection 
22under Section 12-3.4 or 12-30 of the Criminal Code of 1961, 
23earlier than it
otherwise would because of a grant of good 
24conduct credit, the Department, as a condition of such early 
25release, shall require that the person, upon release, be placed 
26under electronic surveillance as provided in Section 5-8A-7 of 
 
 
SB3716- 20 -LRB097 18995 RLC 64234 b


1this Code. 
2(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 
395-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 
495-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. 
57-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, 
6eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 
797-333, eff. 8-12-11.)