100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2882

 

Introduced , by Rep. Barbara Flynn Currie

 

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 who is serving a term of imprisonment for first degree murder shall receive no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than a prisoner receiving no sentence credit). Increases the maximum amount of sentence credit that a prisoner may receive for various offenses from 4.5 to 8.5 (from 7.5 to 10.5 for gunrunning, drug-induced homicide, or aggravated methamphetamine-related child endangerment) days of sentence credit for each month of his or her sentence of imprisonment. Provides that prisoners sentenced before the effective date of the amendatory Act may receive the additional sentence credit provided by the amendatory Act for their service of imprisonment on or after the effective date of the amendatory Act. Provides that nothing in the amendatory Act shall be construed to permit the award of any additional sentence credit provided in the amendatory Act for any service of imprisonment before the effective date of the amendatory Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2882LRB100 08496 RLC 18616 b

1    AN ACT concerning criminal law.
 
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 sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14        (A) successful completion of programming while in
15    custody of the Department or while in custody prior to
16    sentencing;
17        (B) compliance with the rules and regulations of the
18    Department; or
19        (C) service to the institution, service to a community,
20    or service to the State.
21    (2) The rules and regulations on sentence credit shall
22provide, with respect to offenses listed in clause (i), (ii),
23or (iii) of this paragraph (2) committed on or after June 19,

 

 

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11998 or with respect to the offense listed in clause (iv) of
2this paragraph (2) committed on or after June 23, 2005 (the
3effective date of Public Act 94-71) or with respect to offense
4listed in clause (vi) committed on or after June 1, 2008 (the
5effective date of Public Act 95-625) or with respect to the
6offense of being an armed habitual criminal committed on or
7after August 2, 2005 (the effective date of Public Act 94-398)
8or with respect to the offenses listed in clause (v) of this
9paragraph (2) committed on or after August 13, 2007 (the
10effective date of Public Act 95-134) or with respect to the
11offense of aggravated domestic battery committed on or after
12July 23, 2010 (the effective date of Public Act 96-1224) or
13with respect to the offense of attempt to commit terrorism
14committed on or after January 1, 2013 (the effective date of
15Public Act 97-990), the following:
16        (i) that a prisoner who is serving a term of
17    imprisonment for first degree murder or for the offense of
18    terrorism shall receive no sentence credit and shall serve
19    the entire sentence imposed by the court;
20        (i-5) that a prisoner who is serving a term of
21    imprisonment for first degree murder shall receive no more
22    than 7.5 days of sentence credit for each month of his or
23    her sentence of imprisonment;
24        (ii) that a prisoner serving a sentence for attempt to
25    commit terrorism, attempt to commit first degree murder,
26    solicitation of murder, solicitation of murder for hire,

 

 

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1    intentional homicide of an unborn child, predatory
2    criminal sexual assault of a child, aggravated criminal
3    sexual assault, criminal sexual assault, aggravated
4    kidnapping, aggravated battery with a firearm as described
5    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
6    (e)(4) of Section 12-3.05, heinous battery as described in
7    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
8    being an armed habitual criminal, aggravated battery of a
9    senior citizen as described in Section 12-4.6 or
10    subdivision (a)(4) of Section 12-3.05, or aggravated
11    battery of a child as described in Section 12-4.3 or
12    subdivision (b)(1) of Section 12-3.05 shall receive no more
13    than 8.5 4.5 days of sentence credit for each month of his
14    or her sentence of imprisonment;
15        (iii) that a prisoner serving a sentence for home
16    invasion, armed robbery, aggravated vehicular hijacking,
17    aggravated discharge of a firearm, or armed violence with a
18    category I weapon or category II weapon, when the court has
19    made and entered a finding, pursuant to subsection (c-1) of
20    Section 5-4-1 of this Code, that the conduct leading to
21    conviction for the enumerated offense resulted in great
22    bodily harm to a victim, shall receive no more than 8.5 4.5
23    days of sentence credit for each month of his or her
24    sentence of imprisonment;
25        (iv) that a prisoner serving a sentence for aggravated
26    discharge of a firearm, whether or not the conduct leading

 

 

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1    to conviction for the offense resulted in great bodily harm
2    to the victim, shall receive no more than 8.5 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment;
5        (v) that a person serving a sentence for gunrunning,
6    narcotics racketeering, controlled substance trafficking,
7    methamphetamine trafficking, drug-induced homicide, or
8    aggravated methamphetamine-related child endangerment,
9    money laundering pursuant to clause (c) (4) or (5) of
10    Section 29B-1 of the Criminal Code of 1961 or the Criminal
11    Code of 2012, or a Class X felony conviction for delivery
12    of a controlled substance, possession of a controlled
13    substance with intent to manufacture or deliver,
14    calculated criminal drug conspiracy, criminal drug
15    conspiracy, street gang criminal drug conspiracy,
16    participation in methamphetamine manufacturing, aggravated
17    participation in methamphetamine manufacturing, delivery
18    of methamphetamine, possession with intent to deliver
19    methamphetamine, aggravated delivery of methamphetamine,
20    aggravated possession with intent to deliver
21    methamphetamine, methamphetamine conspiracy when the
22    substance containing the controlled substance or
23    methamphetamine is 100 grams or more shall receive no more
24    than 10.5 7.5 days sentence credit for each month of his or
25    her sentence of imprisonment;
26        (vi) that a prisoner serving a sentence for a second or

 

 

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1    subsequent offense of luring a minor shall receive no more
2    than 8.5 4.5 days of sentence credit for each month of his
3    or her sentence of imprisonment; and
4        (vii) that a prisoner serving a sentence for aggravated
5    domestic battery shall receive no more than 8.5 4.5 days of
6    sentence credit for each month of his or her sentence of
7    imprisonment.
8    (2.1) For all offenses, other than those enumerated in
9subdivision (a)(2)(i), (i-5), (ii), or (iii) committed on or
10after June 19, 1998 or subdivision (a)(2)(iv) committed on or
11after June 23, 2005 (the effective date of Public Act 94-71) or
12subdivision (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
15date of Public Act 95-625) or subdivision (a)(2)(vii) committed
16on or after July 23, 2010 (the effective date of Public Act
1796-1224), and other than the offense of aggravated driving
18under the influence of alcohol, other drug or drugs, or
19intoxicating compound or compounds, or any combination thereof
20as defined in subparagraph (F) of paragraph (1) of subsection
21(d) of Section 11-501 of the Illinois Vehicle Code, and other
22than the offense of aggravated driving under the influence of
23alcohol, other drug or drugs, or intoxicating compound or
24compounds, or any combination thereof as defined in
25subparagraph (C) of paragraph (1) of subsection (d) of Section
2611-501 of the Illinois Vehicle Code committed on or after

 

 

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1January 1, 2011 (the effective date of Public Act 96-1230), the
2rules and regulations shall provide that a prisoner who is
3serving a term of imprisonment shall receive one day of
4sentence credit for each day of his or her sentence of
5imprisonment or recommitment under Section 3-3-9. Each day of
6sentence credit shall reduce by one day the prisoner's period
7of imprisonment or recommitment under Section 3-3-9.
8    (2.2) A prisoner serving a term of natural life
9imprisonment or a prisoner who has been sentenced to death
10shall receive no sentence credit.
11    (2.3) The rules and regulations on sentence credit shall
12provide that a prisoner who is serving a sentence for
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds, or any
15combination thereof as defined in subparagraph (F) of paragraph
16(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17Code, shall receive no more than 8.5 4.5 days of sentence
18credit for each month of his or her sentence of imprisonment.
19    (2.4) The rules and regulations on sentence credit shall
20provide with respect to the offenses of aggravated battery with
21a machine gun or a firearm equipped with any device or
22attachment designed or used for silencing the report of a
23firearm or aggravated discharge of a machine gun or a firearm
24equipped with any device or attachment designed or used for
25silencing the report of a firearm, committed on or after July
2615, 1999 (the effective date of Public Act 91-121), that a

 

 

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1prisoner serving a sentence for any of these offenses shall
2receive no more than 8.5 4.5 days of sentence credit for each
3month of his or her sentence of imprisonment.
4    (2.5) The rules and regulations on sentence credit shall
5provide that a prisoner who is serving a sentence for
6aggravated arson committed on or after July 27, 2001 (the
7effective date of Public Act 92-176) shall receive no more than
88.5 4.5 days of sentence credit for each month of his or her
9sentence of imprisonment.
10    (2.6) The rules and regulations on sentence credit shall
11provide that a prisoner who is serving a sentence for
12aggravated driving under the influence of alcohol, other drug
13or drugs, or intoxicating compound or compounds or any
14combination thereof as defined in subparagraph (C) of paragraph
15(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
16Code committed on or after January 1, 2011 (the effective date
17of Public Act 96-1230) shall receive no more than 8.5 4.5 days
18of sentence credit for each month of his or her sentence of
19imprisonment.
20    (3) The rules and regulations shall also provide that the
21Director may award up to 180 days additional sentence credit
22for good conduct in specific instances as the Director deems
23proper. The good conduct may include, but is not limited to,
24compliance with the rules and regulations of the Department,
25service to the Department, service to a community, or service
26to the State. However, the Director shall not award more than

 

 

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190 days of sentence credit for good conduct to any prisoner who
2is serving a sentence for conviction of first degree murder,
3reckless homicide while under the influence of alcohol or any
4other drug, or aggravated driving under the influence of
5alcohol, other drug or drugs, or intoxicating compound or
6compounds, or any combination thereof as defined in
7subparagraph (F) of paragraph (1) of subsection (d) of Section
811-501 of the Illinois Vehicle Code, aggravated kidnapping,
9kidnapping, predatory criminal sexual assault of a child,
10aggravated criminal sexual assault, criminal sexual assault,
11deviate sexual assault, aggravated criminal sexual abuse,
12aggravated indecent liberties with a child, indecent liberties
13with a child, child pornography, heinous battery as described
14in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
15aggravated battery of a spouse, aggravated battery of a spouse
16with a firearm, stalking, aggravated stalking, aggravated
17battery of a child as described in Section 12-4.3 or
18subdivision (b)(1) of Section 12-3.05, endangering the life or
19health of a child, or cruelty to a child. Notwithstanding the
20foregoing, sentence credit for good conduct shall not be
21awarded on a sentence of imprisonment imposed for conviction
22of: (i) one of the offenses enumerated in subdivision
23(a)(2)(i), (i-5), (ii), or (iii) when the offense is committed
24on or after June 19, 1998 or subdivision (a)(2)(iv) when the
25offense is committed on or after June 23, 2005 (the effective
26date of Public Act 94-71) or subdivision (a)(2)(v) when the

 

 

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1offense is committed on or after August 13, 2007 (the effective
2date of Public Act 95-134) or subdivision (a)(2)(vi) when the
3offense is committed on or after June 1, 2008 (the effective
4date of Public Act 95-625) or subdivision (a)(2)(vii) when the
5offense is committed on or after July 23, 2010 (the effective
6date of Public Act 96-1224), (ii) aggravated driving under the
7influence of alcohol, other drug or drugs, or intoxicating
8compound or compounds, or any combination thereof as defined in
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code, (iii) one of the offenses
11enumerated in subdivision (a)(2.4) when the offense is
12committed on or after July 15, 1999 (the effective date of
13Public Act 91-121), (iv) aggravated arson when the offense is
14committed on or after July 27, 2001 (the effective date of
15Public Act 92-176), (v) offenses that may subject the offender
16to commitment under the Sexually Violent Persons Commitment
17Act, or (vi) aggravated driving under the influence of alcohol,
18other drug or drugs, or intoxicating compound or compounds or
19any combination thereof as defined in subparagraph (C) of
20paragraph (1) of subsection (d) of Section 11-501 of the
21Illinois Vehicle Code committed on or after January 1, 2011
22(the effective date of Public Act 96-1230).
23    Eligible inmates for an award of sentence credit under this
24paragraph (3) may be selected to receive the credit at the
25Director's or his or her designee's sole discretion.
26Consideration may be based on, but not limited to, any

 

 

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1available risk assessment analysis on the inmate, any history
2of conviction for violent crimes as defined by the Rights of
3Crime Victims and Witnesses Act, facts and circumstances of the
4inmate's holding offense or offenses, and the potential for
5rehabilitation.
6    The Director shall not award sentence credit under this
7paragraph (3) to an inmate unless the inmate has served a
8minimum of 60 days of the sentence; except nothing in this
9paragraph shall be construed to permit the Director to extend
10an inmate's sentence beyond that which was imposed by the
11court. Prior to awarding credit under this paragraph (3), the
12Director shall make a written determination that the inmate:
13        (A) is eligible for the sentence credit;
14        (B) has served a minimum of 60 days, or as close to 60
15    days as the sentence will allow; and
16        (C) has met the eligibility criteria established by
17    rule.
18    The Director shall determine the form and content of the
19written determination required in this subsection.
20    (3.5) The Department shall provide annual written reports
21to the Governor and the General Assembly on the award of
22sentence credit for good conduct, with the first report due
23January 1, 2014. The Department must publish both reports on
24its website within 48 hours of transmitting the reports to the
25Governor and the General Assembly. The reports must include:
26        (A) the number of inmates awarded sentence credit for

 

 

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1    good conduct;
2        (B) the average amount of sentence credit for good
3    conduct awarded;
4        (C) the holding offenses of inmates awarded sentence
5    credit for good conduct; and
6        (D) the number of sentence credit for good conduct
7    revocations.
8    (4) The rules and regulations shall also provide that the
9sentence credit accumulated and retained under paragraph (2.1)
10of subsection (a) of this Section by any inmate during specific
11periods of time in which such inmate is engaged full-time in
12substance abuse programs, correctional industry assignments,
13educational programs, behavior modification programs, life
14skills courses, or re-entry planning provided by the Department
15under this paragraph (4) and satisfactorily completes the
16assigned program as determined by the standards of the
17Department, shall be multiplied by a factor of 1.25 for program
18participation before August 11, 1993 and 1.50 for program
19participation on or after that date. The rules and regulations
20shall also provide that sentence credit, subject to the same
21offense limits and multiplier provided in this paragraph, may
22be provided to an inmate who was held in pre-trial detention
23prior to his or her current commitment to the Department of
24Corrections and successfully completed a full-time, 60-day or
25longer substance abuse program, educational program, behavior
26modification program, life skills course, or re-entry planning

 

 

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1provided by the county department of corrections or county
2jail. Calculation of this county program credit shall be done
3at sentencing as provided in Section 5-4.5-100 of this Code and
4shall be included in the sentencing order. However, no inmate
5shall be eligible for the additional sentence credit under this
6paragraph (4) or (4.1) of this subsection (a) while assigned to
7a boot camp or electronic detention, or if convicted of an
8offense enumerated in subdivision (a)(2)(i), (i-5), (ii), or
9(iii) of this Section that is committed on or after June 19,
101998 or subdivision (a)(2)(iv) of this Section that is
11committed on or after June 23, 2005 (the effective date of
12Public Act 94-71) or subdivision (a)(2)(v) of this Section that
13is committed on or after August 13, 2007 (the effective date of
14Public Act 95-134) or subdivision (a)(2)(vi) when the offense
15is committed on or after June 1, 2008 (the effective date of
16Public Act 95-625) or subdivision (a)(2)(vii) when the offense
17is committed on or after July 23, 2010 (the effective date of
18Public Act 96-1224), or if convicted of aggravated driving
19under the influence of alcohol, other drug or drugs, or
20intoxicating compound or compounds or any combination thereof
21as defined in subparagraph (F) of paragraph (1) of subsection
22(d) of Section 11-501 of the Illinois Vehicle Code, or if
23convicted of aggravated driving under the influence of alcohol,
24other drug or drugs, or intoxicating compound or compounds or
25any combination thereof as defined in subparagraph (C) of
26paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1Illinois Vehicle Code committed on or after January 1, 2011
2(the effective date of Public Act 96-1230), or if convicted of
3an offense enumerated in paragraph (a)(2.4) of this Section
4that is committed on or after July 15, 1999 (the effective date
5of Public Act 91-121), or first degree murder, a Class X
6felony, criminal sexual assault, felony criminal sexual abuse,
7aggravated criminal sexual abuse, aggravated battery with a
8firearm as described in Section 12-4.2 or subdivision (e)(1),
9(e)(2), (e)(3), or (e)(4) of Section 12-3.05, or any
10predecessor or successor offenses with the same or
11substantially the same elements, or any inchoate offenses
12relating to the foregoing offenses. No inmate shall be eligible
13for the additional good conduct credit under this paragraph (4)
14who (i) has previously received increased good conduct credit
15under this paragraph (4) and has subsequently been convicted of
16a felony, or (ii) has previously served more than one prior
17sentence of imprisonment for a felony in an adult correctional
18facility.
19    Educational, vocational, substance abuse, behavior
20modification programs, life skills courses, re-entry planning,
21and correctional industry programs under which sentence credit
22may be increased under this paragraph (4) and paragraph (4.1)
23of this subsection (a) shall be evaluated by the Department on
24the basis of documented standards. The Department shall report
25the results of these evaluations to the Governor and the
26General Assembly by September 30th of each year. The reports

 

 

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1shall include data relating to the recidivism rate among
2program participants.
3    Availability of these programs shall be subject to the
4limits of fiscal resources appropriated by the General Assembly
5for these purposes. Eligible inmates who are denied immediate
6admission shall be placed on a waiting list under criteria
7established by the Department. The inability of any inmate to
8become engaged in any such programs by reason of insufficient
9program resources or for any other reason established under the
10rules and regulations of the Department shall not be deemed a
11cause of action under which the Department or any employee or
12agent of the Department shall be liable for damages to the
13inmate.
14    (4.1) The rules and regulations shall also provide that an
15additional 90 days of sentence credit shall be awarded to any
16prisoner who passes high school equivalency testing while the
17prisoner is committed to the Department of Corrections. The
18sentence credit awarded under this paragraph (4.1) shall be in
19addition to, and shall not affect, the award of sentence credit
20under any other paragraph of this Section, but shall also be
21pursuant to the guidelines and restrictions set forth in
22paragraph (4) of subsection (a) of this Section. The sentence
23credit provided for in this paragraph shall be available only
24to those prisoners who have not previously earned a high school
25diploma or a high school equivalency certificate. If, after an
26award of the high school equivalency testing sentence credit

 

 

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1has been made, the Department determines that the prisoner was
2not eligible, then the award shall be revoked. The Department
3may also award 90 days of sentence credit to any committed
4person who passed high school equivalency testing while he or
5she was held in pre-trial detention prior to the current
6commitment to the Department of Corrections.
7    (4.5) The rules and regulations on sentence credit shall
8also provide that when the court's sentencing order recommends
9a prisoner for substance abuse treatment and the crime was
10committed on or after September 1, 2003 (the effective date of
11Public Act 93-354), the prisoner shall receive no sentence
12credit awarded under clause (3) of this subsection (a) unless
13he or she participates in and completes a substance abuse
14treatment program. The Director may waive the requirement to
15participate in or complete a substance abuse treatment program
16and award the sentence credit in specific instances if the
17prisoner is not a good candidate for a substance abuse
18treatment program for medical, programming, or operational
19reasons. Availability of substance abuse treatment shall be
20subject to the limits of fiscal resources appropriated by the
21General Assembly for these purposes. If treatment is not
22available and the requirement to participate and complete the
23treatment has not been waived by the Director, the prisoner
24shall be placed on a waiting list under criteria established by
25the Department. The Director may allow a prisoner placed on a
26waiting list to participate in and complete a substance abuse

 

 

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1education class or attend substance abuse self-help meetings in
2lieu of a substance abuse treatment program. A prisoner on a
3waiting list who is not placed in a substance abuse program
4prior to release may be eligible for a waiver and receive
5sentence credit under clause (3) of this subsection (a) at the
6discretion of the Director.
7    (4.6) The rules and regulations on sentence credit shall
8also provide that a prisoner who has been convicted of a sex
9offense as defined in Section 2 of the Sex Offender
10Registration Act shall receive no sentence credit unless he or
11she either has successfully completed or is participating in
12sex offender treatment as defined by the Sex Offender
13Management Board. However, prisoners who are waiting to receive
14treatment, but who are unable to do so due solely to the lack
15of resources on the part of the Department, may, at the
16Director's sole discretion, be awarded sentence credit at a
17rate as the Director shall determine.
18    (5) Whenever the Department is to release any inmate
19earlier than it otherwise would because of a grant of sentence
20credit for good conduct under paragraph (3) of subsection (a)
21of this Section given at any time during the term, the
22Department shall give reasonable notice of the impending
23release not less than 14 days prior to the date of the release
24to the State's Attorney of the county where the prosecution of
25the inmate took place, and if applicable, the State's Attorney
26of the county into which the inmate will be released. The

 

 

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1Department must also make identification information and a
2recent photo of the inmate being released accessible on the
3Internet by means of a hyperlink labeled "Community
4Notification of Inmate Early Release" on the Department's World
5Wide Web homepage. The identification information shall
6include the inmate's: name, any known alias, date of birth,
7physical characteristics, commitment offense and county where
8conviction was imposed. The identification information shall
9be placed on the website within 3 days of the inmate's release
10and the information may not be removed until either: completion
11of the first year of mandatory supervised release or return of
12the inmate to custody of the Department.
13    (b) Whenever a person is or has been committed under
14several convictions, with separate sentences, the sentences
15shall be construed under Section 5-8-4 in granting and
16forfeiting of sentence credit.
17    (c) The Department shall prescribe rules and regulations
18for revoking sentence credit, including revoking sentence
19credit awarded for good conduct under paragraph (3) of
20subsection (a) of this Section. The Department shall prescribe
21rules and regulations for suspending or reducing the rate of
22accumulation of sentence credit for specific rule violations,
23during imprisonment. These rules and regulations shall provide
24that no inmate may be penalized more than one year of sentence
25credit for any one infraction.
26    When the Department seeks to revoke, suspend or reduce the

 

 

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1rate of accumulation of any sentence credits for an alleged
2infraction of its rules, it shall bring charges therefor
3against the prisoner sought to be so deprived of sentence
4credits before the Prisoner Review Board as provided in
5subparagraph (a)(4) of Section 3-3-2 of this Code, if the
6amount of credit at issue exceeds 30 days or when during any 12
7month period, the cumulative amount of credit revoked exceeds
830 days except where the infraction is committed or discovered
9within 60 days of scheduled release. In those cases, the
10Department of Corrections may revoke up to 30 days of sentence
11credit. The Board may subsequently approve the revocation of
12additional sentence credit, if the Department seeks to revoke
13sentence credit in excess of 30 days. However, the Board shall
14not be empowered to review the Department's decision with
15respect to the loss of 30 days of sentence credit within any
16calendar year for any prisoner or to increase any penalty
17beyond the length requested by the Department.
18    The Director of the Department of Corrections, in
19appropriate cases, may restore up to 30 days of sentence
20credits which have been revoked, suspended or reduced. Any
21restoration of sentence credits in excess of 30 days shall be
22subject to review by the Prisoner Review Board. However, the
23Board may not restore sentence credit in excess of the amount
24requested by the Director.
25    Nothing contained in this Section shall prohibit the
26Prisoner Review Board from ordering, pursuant to Section

 

 

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13-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
2sentence imposed by the court that was not served due to the
3accumulation of sentence credit.
4    (d) If a lawsuit is filed by a prisoner in an Illinois or
5federal court against the State, the Department of Corrections,
6or the Prisoner Review Board, or against any of their officers
7or employees, and the court makes a specific finding that a
8pleading, motion, or other paper filed by the prisoner is
9frivolous, the Department of Corrections shall conduct a
10hearing to revoke up to 180 days of sentence credit by bringing
11charges against the prisoner sought to be deprived of the
12sentence credits before the Prisoner Review Board as provided
13in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
14prisoner has not accumulated 180 days of sentence credit at the
15time of the finding, then the Prisoner Review Board may revoke
16all sentence credit accumulated by the prisoner.
17    For purposes of this subsection (d):
18        (1) "Frivolous" means that a pleading, motion, or other
19    filing which purports to be a legal document filed by a
20    prisoner in his or her lawsuit meets any or all of the
21    following criteria:
22            (A) it lacks an arguable basis either in law or in
23        fact;
24            (B) it is being presented for any improper purpose,
25        such as to harass or to cause unnecessary delay or
26        needless increase in the cost of litigation;

 

 

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1            (C) the claims, defenses, and other legal
2        contentions therein are not warranted by existing law
3        or by a nonfrivolous argument for the extension,
4        modification, or reversal of existing law or the
5        establishment of new law;
6            (D) the allegations and other factual contentions
7        do not have evidentiary support or, if specifically so
8        identified, are not likely to have evidentiary support
9        after a reasonable opportunity for further
10        investigation or discovery; or
11            (E) the denials of factual contentions are not
12        warranted on the evidence, or if specifically so
13        identified, are not reasonably based on a lack of
14        information or belief.
15        (2) "Lawsuit" means a motion pursuant to Section 116-3
16    of the Code of Criminal Procedure of 1963, a habeas corpus
17    action under Article X of the Code of Civil Procedure or
18    under federal law (28 U.S.C. 2254), a petition for claim
19    under the Court of Claims Act, an action under the federal
20    Civil Rights Act (42 U.S.C. 1983), or a second or
21    subsequent petition for post-conviction relief under
22    Article 122 of the Code of Criminal Procedure of 1963
23    whether filed with or without leave of court or a second or
24    subsequent petition for relief from judgment under Section
25    2-1401 of the Code of Civil Procedure.
26    (e) Nothing in Public Act 90-592 or 90-593 affects the

 

 

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1validity of Public Act 89-404.
2    (f) Whenever the Department is to release any inmate who
3has been convicted of a violation of an order of protection
4under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
5the Criminal Code of 2012, earlier than it otherwise would
6because of a grant of sentence credit, the Department, as a
7condition of release, shall require that the person, upon
8release, be placed under electronic surveillance as provided in
9Section 5-8A-7 of this Code.
10    (g) The changes made to this Section by this amendatory Act
11of the 100th General Assembly apply to prisoners sentenced
12before the effective date of this amendatory Act of the 100th
13General Assembly for their serving sentences of imprisonment on
14or after the effective date of this amendatory Act of the 100th
15General Assembly and to prisoners sentenced on or after the
16effective date of this amendatory Act of the 100th General
17Assembly. Nothing in this amendatory Act of the 100th General
18Assembly shall be construed to permit the award of any
19additional sentence credit provided in this amendatory Act of
20the 100th General Assembly for any service of imprisonment
21before the effective date of this amendatory Act of the 100th
22General Assembly.
23(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
24eff. 1-1-16; 99-642, eff. 7-28-16.)