101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3979

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Repeals provisions concerning armed habitual criminals, habitual criminals, and certain 3 time offenders. Provides that notwithstanding any provision of law to the contrary, a person convicted under those statutes shall be eligible for consideration of parole conditions if his or her final conviction was not first degree murder, aggravated criminal sexual assault, or predatory criminal sexual assault of a child. Provides that notwithstanding any provision of law to the contrary, a person convicted of being an armed habitual criminal, adjudged adjudged an habitual criminal, or 3 time offender for certain felonies before their repeal on the effective date of the amendatory Act shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any offense under the sex offender Article of the Criminal Code of 2012 or the Criminal Code of 1961. Amends the Illinois Vehicle Code and the Code of Criminal Procedure of 1963 to make conforming changes.


LRB101 15449 RLC 64779 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3979LRB101 15449 RLC 64779 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 Illinois Vehicle Code is amended by changing
5Sections 6-106.1 and 6-508 as follows:
 
6    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
7    Sec. 6-106.1. School bus driver permit.
8    (a) The Secretary of State shall issue a school bus driver
9permit to those applicants who have met all the requirements of
10the application and screening process under this Section to
11insure the welfare and safety of children who are transported
12on school buses throughout the State of Illinois. Applicants
13shall obtain the proper application required by the Secretary
14of State from their prospective or current employer and submit
15the completed application to the prospective or current
16employer along with the necessary fingerprint submission as
17required by the Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or

 

 

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1submitting proof of successful completion of the annual
2refresher course. Individuals who on July 1, 1995 (the
3effective date of Public Act 88-612) possess a valid school bus
4driver permit that has been previously issued by the
5appropriate Regional School Superintendent are not subject to
6the fingerprinting provisions of this Section as long as the
7permit remains valid and does not lapse. The applicant shall be
8required to pay all related application and fingerprinting fees
9as established by rule including, but not limited to, the
10amounts established by the Department of State Police and the
11Federal Bureau of Investigation to process fingerprint based
12criminal background investigations. All fees paid for
13fingerprint processing services under this Section shall be
14deposited into the State Police Services Fund for the cost
15incurred in processing the fingerprint based criminal
16background investigations. All other fees paid under this
17Section shall be deposited into the Road Fund for the purpose
18of defraying the costs of the Secretary of State in
19administering this Section. All applicants must:
20        1. be 21 years of age or older;
21        2. possess a valid and properly classified driver's
22    license issued by the Secretary of State;
23        3. possess a valid driver's license, which has not been
24    revoked, suspended, or canceled for 3 years immediately
25    prior to the date of application, or have not had his or
26    her commercial motor vehicle driving privileges

 

 

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1    disqualified within the 3 years immediately prior to the
2    date of application;
3        4. successfully pass a written test, administered by
4    the Secretary of State, on school bus operation, school bus
5    safety, and special traffic laws relating to school buses
6    and submit to a review of the applicant's driving habits by
7    the Secretary of State at the time the written test is
8    given;
9        5. demonstrate ability to exercise reasonable care in
10    the operation of school buses in accordance with rules
11    promulgated by the Secretary of State;
12        6. demonstrate physical fitness to operate school
13    buses by submitting the results of a medical examination,
14    including tests for drug use for each applicant not subject
15    to such testing pursuant to federal law, conducted by a
16    licensed physician, a licensed advanced practice
17    registered nurse, or a licensed physician assistant within
18    90 days of the date of application according to standards
19    promulgated by the Secretary of State;
20        7. affirm under penalties of perjury that he or she has
21    not made a false statement or knowingly concealed a
22    material fact in any application for permit;
23        8. have completed an initial classroom course,
24    including first aid procedures, in school bus driver safety
25    as promulgated by the Secretary of State; and after
26    satisfactory completion of said initial course an annual

 

 

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1    refresher course; such courses and the agency or
2    organization conducting such courses shall be approved by
3    the Secretary of State; failure to complete the annual
4    refresher course, shall result in cancellation of the
5    permit until such course is completed;
6        9. not have been under an order of court supervision
7    for or convicted of 2 or more serious traffic offenses, as
8    defined by rule, within one year prior to the date of
9    application that may endanger the life or safety of any of
10    the driver's passengers within the duration of the permit
11    period;
12        10. not have been under an order of court supervision
13    for or convicted of reckless driving, aggravated reckless
14    driving, driving while under the influence of alcohol,
15    other drug or drugs, intoxicating compound or compounds or
16    any combination thereof, or reckless homicide resulting
17    from the operation of a motor vehicle within 3 years of the
18    date of application;
19        11. not have been convicted of committing or attempting
20    to commit any one or more of the following offenses: (i)
21    those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2,
22    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4,
23    10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
24    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
25    11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1,
26    11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,

 

 

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1    11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
3    11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1,
4    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
5    12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3,
6    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
7    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10,
8    12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3,
9    18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
10    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7 before the
11    effective date of this amendatory Act of the 101st General
12    Assembly, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
13    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
14    of Section 24-3, and those offenses contained in Article
15    29D of the Criminal Code of 1961 or the Criminal Code of
16    2012; (ii) those offenses defined in the Cannabis Control
17    Act except those offenses defined in subsections (a) and
18    (b) of Section 4, and subsection (a) of Section 5 of the
19    Cannabis Control Act; (iii) those offenses defined in the
20    Illinois Controlled Substances Act; (iv) those offenses
21    defined in the Methamphetamine Control and Community
22    Protection Act; and (v) any offense committed or attempted
23    in any other state or against the laws of the United
24    States, which if committed or attempted in this State would
25    be punishable as one or more of the foregoing offenses;
26    (vi) the offenses defined in Section 4.1 and 5.1 of the

 

 

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1    Wrongs to Children Act or Section 11-9.1A of the Criminal
2    Code of 1961 or the Criminal Code of 2012; (vii) those
3    offenses defined in Section 6-16 of the Liquor Control Act
4    of 1934; and (viii) those offenses defined in the
5    Methamphetamine Precursor Control Act;
6        12. not have been repeatedly involved as a driver in
7    motor vehicle collisions or been repeatedly convicted of
8    offenses against laws and ordinances regulating the
9    movement of traffic, to a degree which indicates lack of
10    ability to exercise ordinary and reasonable care in the
11    safe operation of a motor vehicle or disrespect for the
12    traffic laws and the safety of other persons upon the
13    highway;
14        13. not have, through the unlawful operation of a motor
15    vehicle, caused an accident resulting in the death of any
16    person;
17        14. not have, within the last 5 years, been adjudged to
18    be afflicted with or suffering from any mental disability
19    or disease;
20        15. consent, in writing, to the release of results of
21    reasonable suspicion drug and alcohol testing under
22    Section 6-106.1c of this Code by the employer of the
23    applicant to the Secretary of State; and
24        16. not have been convicted of committing or attempting
25    to commit within the last 20 years: (i) an offense defined
26    in subsection (c) of Section 4, subsection (b) of Section

 

 

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1    5, and subsection (a) of Section 8 of the Cannabis Control
2    Act; or (ii) any offenses in any other state or against the
3    laws of the United States that, if committed or attempted
4    in this State, would be punishable as one or more of the
5    foregoing offenses.
6    (b) A school bus driver permit shall be valid for a period
7specified by the Secretary of State as set forth by rule. It
8shall be renewable upon compliance with subsection (a) of this
9Section.
10    (c) A school bus driver permit shall contain the holder's
11driver's license number, legal name, residence address, zip
12code, and date of birth, a brief description of the holder and
13a space for signature. The Secretary of State may require a
14suitable photograph of the holder.
15    (d) The employer shall be responsible for conducting a
16pre-employment interview with prospective school bus driver
17candidates, distributing school bus driver applications and
18medical forms to be completed by the applicant, and submitting
19the applicant's fingerprint cards to the Department of State
20Police that are required for the criminal background
21investigations. The employer shall certify in writing to the
22Secretary of State that all pre-employment conditions have been
23successfully completed including the successful completion of
24an Illinois specific criminal background investigation through
25the Department of State Police and the submission of necessary
26fingerprints to the Federal Bureau of Investigation for

 

 

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1criminal history information available through the Federal
2Bureau of Investigation system. The applicant shall present the
3certification to the Secretary of State at the time of
4submitting the school bus driver permit application.
5    (e) Permits shall initially be provisional upon receiving
6certification from the employer that all pre-employment
7conditions have been successfully completed, and upon
8successful completion of all training and examination
9requirements for the classification of the vehicle to be
10operated, the Secretary of State shall provisionally issue a
11School Bus Driver Permit. The permit shall remain in a
12provisional status pending the completion of the Federal Bureau
13of Investigation's criminal background investigation based
14upon fingerprinting specimens submitted to the Federal Bureau
15of Investigation by the Department of State Police. The Federal
16Bureau of Investigation shall report the findings directly to
17the Secretary of State. The Secretary of State shall remove the
18bus driver permit from provisional status upon the applicant's
19successful completion of the Federal Bureau of Investigation's
20criminal background investigation.
21    (f) A school bus driver permit holder shall notify the
22employer and the Secretary of State if he or she is issued an
23order of court supervision for or convicted in another state of
24an offense that would make him or her ineligible for a permit
25under subsection (a) of this Section. The written notification
26shall be made within 5 days of the entry of the order of court

 

 

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1supervision or conviction. Failure of the permit holder to
2provide the notification is punishable as a petty offense for a
3first violation and a Class B misdemeanor for a second or
4subsequent violation.
5    (g) Cancellation; suspension; notice and procedure.
6        (1) The Secretary of State shall cancel a school bus
7    driver permit of an applicant whose criminal background
8    investigation discloses that he or she is not in compliance
9    with the provisions of subsection (a) of this Section.
10        (2) The Secretary of State shall cancel a school bus
11    driver permit when he or she receives notice that the
12    permit holder fails to comply with any provision of this
13    Section or any rule promulgated for the administration of
14    this Section.
15        (3) The Secretary of State shall cancel a school bus
16    driver permit if the permit holder's restricted commercial
17    or commercial driving privileges are withdrawn or
18    otherwise invalidated.
19        (4) The Secretary of State may not issue a school bus
20    driver permit for a period of 3 years to an applicant who
21    fails to obtain a negative result on a drug test as
22    required in item 6 of subsection (a) of this Section or
23    under federal law.
24        (5) The Secretary of State shall forthwith suspend a
25    school bus driver permit for a period of 3 years upon
26    receiving notice that the holder has failed to obtain a

 

 

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1    negative result on a drug test as required in item 6 of
2    subsection (a) of this Section or under federal law.
3        (6) The Secretary of State shall suspend a school bus
4    driver permit for a period of 3 years upon receiving notice
5    from the employer that the holder failed to perform the
6    inspection procedure set forth in subsection (a) or (b) of
7    Section 12-816 of this Code.
8        (7) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving notice
10    from the employer that the holder refused to submit to an
11    alcohol or drug test as required by Section 6-106.1c or has
12    submitted to a test required by that Section which
13    disclosed an alcohol concentration of more than 0.00 or
14    disclosed a positive result on a National Institute on Drug
15    Abuse five-drug panel, utilizing federal standards set
16    forth in 49 CFR 40.87.
17    The Secretary of State shall notify the State
18Superintendent of Education and the permit holder's
19prospective or current employer that the applicant has (1) has
20failed a criminal background investigation or (2) is no longer
21eligible for a school bus driver permit; and of the related
22cancellation of the applicant's provisional school bus driver
23permit. The cancellation shall remain in effect pending the
24outcome of a hearing pursuant to Section 2-118 of this Code.
25The scope of the hearing shall be limited to the issuance
26criteria contained in subsection (a) of this Section. A

 

 

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1petition requesting a hearing shall be submitted to the
2Secretary of State and shall contain the reason the individual
3feels he or she is entitled to a school bus driver permit. The
4permit holder's employer shall notify in writing to the
5Secretary of State that the employer has certified the removal
6of the offending school bus driver from service prior to the
7start of that school bus driver's next workshift. An employing
8school board that fails to remove the offending school bus
9driver from service is subject to the penalties defined in
10Section 3-14.23 of the School Code. A school bus contractor who
11violates a provision of this Section is subject to the
12penalties defined in Section 6-106.11.
13    All valid school bus driver permits issued under this
14Section prior to January 1, 1995, shall remain effective until
15their expiration date unless otherwise invalidated.
16    (h) When a school bus driver permit holder who is a service
17member is called to active duty, the employer of the permit
18holder shall notify the Secretary of State, within 30 days of
19notification from the permit holder, that the permit holder has
20been called to active duty. Upon notification pursuant to this
21subsection, (i) the Secretary of State shall characterize the
22permit as inactive until a permit holder renews the permit as
23provided in subsection (i) of this Section, and (ii) if a
24permit holder fails to comply with the requirements of this
25Section while called to active duty, the Secretary of State
26shall not characterize the permit as invalid.

 

 

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1    (i) A school bus driver permit holder who is a service
2member returning from active duty must, within 90 days, renew a
3permit characterized as inactive pursuant to subsection (h) of
4this Section by complying with the renewal requirements of
5subsection (b) of this Section.
6    (j) For purposes of subsections (h) and (i) of this
7Section:
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
11    "Service member" means a member of the Armed Services or
12reserve forces of the United States or a member of the Illinois
13National Guard.
14    (k) A private carrier employer of a school bus driver
15permit holder, having satisfied the employer requirements of
16this Section, shall be held to a standard of ordinary care for
17intentional acts committed in the course of employment by the
18bus driver permit holder. This subsection (k) shall in no way
19limit the liability of the private carrier employer for
20violation of any provision of this Section or for the negligent
21hiring or retention of a school bus driver permit holder.
22(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
23    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
24    Sec. 6-508. Commercial Driver's License (CDL) -
25qualification standards.

 

 

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1    (a) Testing.
2        (1) General. No person shall be issued an original or
3    renewal CDL unless that person is domiciled in this State
4    or is applying for a non-domiciled CDL under Sections 6-509
5    and 6-510 of this Code. The Secretary shall cause to be
6    administered such tests as the Secretary deems necessary to
7    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
8    H, and J.
9        (1.5) Effective July 1, 2014, no person shall be issued
10    an original CDL or an upgraded CDL that requires a skills
11    test unless that person has held a CLP, for a minimum of 14
12    calendar days, for the classification of vehicle and
13    endorsement, if any, for which the person is seeking a CDL.
14        (2) Third party testing. The Secretary of State may
15    authorize a "third party tester", pursuant to 49 C.F.R.
16    383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
17    skills test or tests specified by the Federal Motor Carrier
18    Safety Administration pursuant to the Commercial Motor
19    Vehicle Safety Act of 1986 and any appropriate federal
20    rule.
21        (3)(i) Effective February 7, 2020, unless the person is
22    exempted by 49 CFR 380.603, no person shall be issued an
23    original (first time issuance) CDL, an upgraded CDL or a
24    school bus (S), passenger (P), or hazardous Materials (H)
25    endorsement unless the person has successfully completed
26    entry-level driver training (ELDT) taught by a training

 

 

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1    provider listed on the federal Training Provider Registry.
2        (ii) Persons who obtain a CLP before February 7, 2020
3    are not required to complete ELDT if the person obtains a
4    CDL before the CLP or renewed CLP expires.
5        (iii) Except for persons seeking the H endorsement,
6    persons must complete the theory and behind-the-wheel
7    (range and public road) portions of ELDT within one year of
8    completing the first portion.
9        (iv) The Secretary shall adopt rules to implement this
10    subsection.
11    (b) Waiver of Skills Test. The Secretary of State may waive
12the skills test specified in this Section for a driver
13applicant for a commercial driver license who meets the
14requirements of 49 C.F.R. 383.77. The Secretary of State shall
15waive the skills tests specified in this Section for a driver
16applicant who has military commercial motor vehicle
17experience, subject to the requirements of 49 C.F.R. 383.77.
18    (b-1) No person shall be issued a CDL unless the person
19certifies to the Secretary one of the following types of
20driving operations in which he or she will be engaged:
21        (1) non-excepted interstate;
22        (2) non-excepted intrastate;
23        (3) excepted interstate; or
24        (4) excepted intrastate.
25    (b-2) (Blank).
26    (c) Limitations on issuance of a CDL. A CDL shall not be

 

 

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1issued to a person while the person is subject to a
2disqualification from driving a commercial motor vehicle, or
3unless otherwise permitted by this Code, while the person's
4driver's license is suspended, revoked or cancelled in any
5state, or any territory or province of Canada; nor may a CLP or
6CDL be issued to a person who has a CLP or CDL issued by any
7other state, or foreign jurisdiction, nor may a CDL be issued
8to a person who has an Illinois CLP unless the person first
9surrenders all of these licenses or permits. However, a person
10may hold an Illinois CLP and an Illinois CDL providing the CLP
11is necessary to train or practice for an endorsement or vehicle
12classification not present on the current CDL. No CDL shall be
13issued to or renewed for a person who does not meet the
14requirement of 49 CFR 391.41(b)(11). The requirement may be met
15with the aid of a hearing aid.
16    (c-1) The Secretary may issue a CDL with a school bus
17driver endorsement to allow a person to drive the type of bus
18described in subsection (d-5) of Section 6-104 of this Code.
19The CDL with a school bus driver endorsement may be issued only
20to a person meeting the following requirements:
21        (1) the person has submitted his or her fingerprints to
22    the Department of State Police in the form and manner
23    prescribed by the Department of State Police. These
24    fingerprints shall be checked against the fingerprint
25    records now and hereafter filed in the Department of State
26    Police and Federal Bureau of Investigation criminal

 

 

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1    history records databases;
2        (2) the person has passed a written test, administered
3    by the Secretary of State, on charter bus operation,
4    charter bus safety, and certain special traffic laws
5    relating to school buses determined by the Secretary of
6    State to be relevant to charter buses, and submitted to a
7    review of the driver applicant's driving habits by the
8    Secretary of State at the time the written test is given;
9        (3) the person has demonstrated physical fitness to
10    operate school buses by submitting the results of a medical
11    examination, including tests for drug use; and
12        (4) the person has not been convicted of committing or
13    attempting to commit any one or more of the following
14    offenses: (i) those offenses defined in Sections 8-1.2,
15    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
16    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
17    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
18    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
19    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
20    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
21    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
22    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
23    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
24    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
25    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
26    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

 

 

HB3979- 17 -LRB101 15449 RLC 64779 b

1    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
2    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
3    24-1.2-5, 24-1.6, 24-1.7 before the effective date of this
4    amendatory Act of the 101st General Assembly, 24-2.1,
5    24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
6    33D-1, and in subsection (b) of Section 8-1, and in
7    subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
8    (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
9    subsection (a) and subsection (b), clause (1), of Section
10    12-4, and in subsection (A), clauses (a) and (b), of
11    Section 24-3, and those offenses contained in Article 29D
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13    (ii) those offenses defined in the Cannabis Control Act
14    except those offenses defined in subsections (a) and (b) of
15    Section 4, and subsection (a) of Section 5 of the Cannabis
16    Control Act; (iii) those offenses defined in the Illinois
17    Controlled Substances Act; (iv) those offenses defined in
18    the Methamphetamine Control and Community Protection Act;
19    (v) any offense committed or attempted in any other state
20    or against the laws of the United States, which if
21    committed or attempted in this State would be punishable as
22    one or more of the foregoing offenses; (vi) the offenses
23    defined in Sections 4.1 and 5.1 of the Wrongs to Children
24    Act or Section 11-9.1A of the Criminal Code of 1961 or the
25    Criminal Code of 2012; (vii) those offenses defined in
26    Section 6-16 of the Liquor Control Act of 1934; and (viii)

 

 

HB3979- 18 -LRB101 15449 RLC 64779 b

1    those offenses defined in the Methamphetamine Precursor
2    Control Act.
3    The Department of State Police shall charge a fee for
4conducting the criminal history records check, which shall be
5deposited into the State Police Services Fund and may not
6exceed the actual cost of the records check.
7    (c-2) The Secretary shall issue a CDL with a school bus
8endorsement to allow a person to drive a school bus as defined
9in this Section. The CDL shall be issued according to the
10requirements outlined in 49 C.F.R. 383. A person may not
11operate a school bus as defined in this Section without a
12school bus endorsement. The Secretary of State may adopt rules
13consistent with Federal guidelines to implement this
14subsection (c-2).
15    (d) (Blank).
16(Source: P.A. 101-185, eff. 1-1-20.)
 
17    Section 10. The Criminal Code of 2012 is amended by
18changing Section 33A-3 as follows:
 
19    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)
20    Sec. 33A-3. Sentence.
21    (a) Violation of Section 33A-2(a) with a Category I weapon
22is a Class X felony for which the defendant shall be sentenced
23to a minimum term of imprisonment of 15 years.
24    (a-5) Violation of Section 33A-2(a) with a Category II

 

 

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1weapon is a Class X felony for which the defendant shall be
2sentenced to a minimum term of imprisonment of 10 years.
3    (b) Violation of Section 33A-2(a) with a Category III
4weapon is a Class 2 felony or the felony classification
5provided for the same act while unarmed, whichever permits the
6greater penalty. A second or subsequent violation of Section
733A-2(a) with a Category III weapon is a Class 1 felony or the
8felony classification provided for the same act while unarmed,
9whichever permits the greater penalty.
10    (b-5) Violation of Section 33A-2(b) with a firearm that is
11a Category I or Category II weapon is a Class X felony for
12which the defendant shall be sentenced to a minimum term of
13imprisonment of 20 years.
14    (b-10) Violation of Section 33A-2(c) with a firearm that is
15a Category I or Category II weapon is a Class X felony for
16which the defendant shall be sentenced to a term of
17imprisonment of not less than 25 years nor more than 40 years.
18    (c) Unless sentencing under subsection (a) of Section
195-4.5-95 of the Unified Code of Corrections (730 ILCS
205/5-4.5-95) before the effective date of this amendatory Act of
21the 101st General Assembly is applicable, any person who
22violates subsection (a) or (b) of Section 33A-2 with a firearm,
23when that person has been convicted in any state or federal
24court of 3 or more of the following offenses: treason, first
25degree murder, second degree murder, predatory criminal sexual
26assault of a child, aggravated criminal sexual assault,

 

 

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1criminal sexual assault, robbery, burglary, arson, kidnaping,
2aggravated battery resulting in great bodily harm or permanent
3disability or disfigurement, a violation of the
4Methamphetamine Control and Community Protection Act, or a
5violation of Section 401(a) of the Illinois Controlled
6Substances Act, when the third offense was committed after
7conviction on the second, the second offense was committed
8after conviction on the first, and the violation of Section
933A-2 was committed after conviction on the third, shall be
10sentenced to a term of imprisonment of not less than 25 years
11nor more than 50 years.
12    (c-5) Except as otherwise provided in paragraph (b-10) or
13(c) of this Section, a person who violates Section 33A-2(a)
14with a firearm that is a Category I weapon or Section 33A-2(b)
15in any school, in any conveyance owned, leased, or contracted
16by a school to transport students to or from school or a school
17related activity, or on the real property comprising any school
18or public park, and where the offense was related to the
19activities of an organized gang, shall be sentenced to a term
20of imprisonment of not less than the term set forth in
21subsection (a) or (b-5) of this Section, whichever is
22applicable, and not more than 30 years. For the purposes of
23this subsection (c-5), "organized gang" has the meaning
24ascribed to it in Section 10 of the Illinois Streetgang
25Terrorism Omnibus Prevention Act.
26    (d) For armed violence based upon a predicate offense

 

 

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1listed in this subsection (d) the court shall enter the
2sentence for armed violence to run consecutively to the
3sentence imposed for the predicate offense. The offenses
4covered by this provision are:
5        (i) solicitation of murder,
6        (ii) solicitation of murder for hire,
7        (iii) heinous battery as described in Section 12-4.1 or
8    subdivision (a)(2) of Section 12-3.05,
9        (iv) aggravated battery of a senior citizen as
10    described in Section 12-4.6 or subdivision (a)(4) of
11    Section 12-3.05,
12        (v) (blank),
13        (vi) a violation of subsection (g) of Section 5 of the
14    Cannabis Control Act,
15        (vii) cannabis trafficking,
16        (viii) a violation of subsection (a) of Section 401 of
17    the Illinois Controlled Substances Act,
18        (ix) controlled substance trafficking involving a
19    Class X felony amount of controlled substance under Section
20    401 of the Illinois Controlled Substances Act,
21        (x) calculated criminal drug conspiracy,
22        (xi) streetgang criminal drug conspiracy, or
23        (xii) a violation of the Methamphetamine Control and
24    Community Protection Act.
25(Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09;
2696-1551, eff. 7-1-11.)
 

 

 

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1    (720 ILCS 5/24-1.7 rep.)
2    Section 15. The Criminal Code of 2012 is amended by
3repealing Section 24-1.7.
 
4    Section 20. The Code of Criminal Procedure of 1963 is
5amended by changing Section 111-3 as follows:
 
6    (725 ILCS 5/111-3)  (from Ch. 38, par. 111-3)
7    Sec. 111-3. Form of charge.
8    (a) A charge shall be in writing and allege the commission
9of an offense by:
10        (1) Stating the name of the offense;
11        (2) Citing the statutory provision alleged to have been
12    violated;
13        (3) Setting forth the nature and elements of the
14    offense charged;
15        (4) Stating the date and county of the offense as
16    definitely as can be done; and
17        (5) Stating the name of the accused, if known, and if
18    not known, designate the accused by any name or description
19    by which he can be identified with reasonable certainty.
20    (a-5) If the victim is alleged to have been subjected to an
21offense involving an illegal sexual act including, but not
22limited to, a sexual offense defined in Article 11 or Section
2310-9 of the Criminal Code of 2012, the charge shall state the

 

 

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1identity of the victim by name, initials, or description.
2    (b) An indictment shall be signed by the foreman of the
3Grand Jury and an information shall be signed by the State's
4Attorney and sworn to by him or another. A complaint shall be
5sworn to and signed by the complainant; provided, that when a
6peace officer observes the commission of a misdemeanor and is
7the complaining witness, the signing of the complaint by the
8peace officer is sufficient to charge the defendant with the
9commission of the offense, and the complaint need not be sworn
10to if the officer signing the complaint certifies that the
11statements set forth in the complaint are true and correct and
12are subject to the penalties provided by law for false
13certification under Section 1-109 of the Code of Civil
14Procedure and perjury under Section 32-2 of the Criminal Code
15of 2012; and further provided, however, that when a citation is
16issued on a Uniform Traffic Ticket or Uniform Conservation
17Ticket (in a form prescribed by the Conference of Chief Circuit
18Judges and filed with the Supreme Court), the copy of such
19Uniform Ticket which is filed with the circuit court
20constitutes a complaint to which the defendant may plead,
21unless he specifically requests that a verified complaint be
22filed.
23    (c) When the State seeks an enhanced sentence because of a
24prior conviction, the charge shall also state the intention to
25seek an enhanced sentence and shall state such prior conviction
26so as to give notice to the defendant. However, the fact of

 

 

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1such prior conviction and the State's intention to seek an
2enhanced sentence are not elements of the offense and may not
3be disclosed to the jury during trial unless otherwise
4permitted by issues properly raised during such trial. For the
5purposes of this Section, "enhanced sentence" means a sentence
6which is increased by a prior conviction from one
7classification of offense to another higher level
8classification of offense set forth in Section 5-4.5-10 of the
9Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
10include an increase in the sentence applied within the same
11level of classification of offense.
12    (c-5) Notwithstanding any other provision of law, in all
13cases in which the imposition of the death penalty is not a
14possibility, if an alleged fact (other than the fact of a prior
15conviction) is not an element of an offense but is sought to be
16used to increase the range of penalties for the offense beyond
17the statutory maximum that could otherwise be imposed for the
18offense, the alleged fact must be included in the charging
19instrument or otherwise provided to the defendant through a
20written notification before trial, submitted to a trier of fact
21as an aggravating factor, and proved beyond a reasonable doubt.
22Failure to prove the fact beyond a reasonable doubt is not a
23bar to a conviction for commission of the offense, but is a bar
24to increasing, based on that fact, the range of penalties for
25the offense beyond the statutory maximum that could otherwise
26be imposed for that offense. Nothing in this subsection (c-5)

 

 

HB3979- 25 -LRB101 15449 RLC 64779 b

1requires the imposition of a sentence that increases the range
2of penalties for the offense beyond the statutory maximum that
3could otherwise be imposed for the offense if the imposition of
4that sentence is not required by law.
5    (d) At any time prior to trial, the State on motion shall
6be permitted to amend the charge, whether brought by
7indictment, information or complaint, to make the charge comply
8with subsection (c) or (c-5) of this Section. Nothing in
9Section 103-5 of this Code precludes such an amendment or a
10written notification made in accordance with subsection (c-5)
11of this Section.
12    (e) The provisions of subsection (a) of Section 5-4.5-95 of
13the Unified Code of Corrections (730 ILCS 5/5-4.5-95) before
14its repeal on the effective date of this amendatory Act of the
15101st General Assembly shall not be affected by this Section.
16(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
 
17    Section 25. The Unified Code of Corrections is amended by
18changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
 
19    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
20    Sec. 3-2-2. Powers and duties of the Department.
21    (1) In addition to the powers, duties, and responsibilities
22which are otherwise provided by law, the Department shall have
23the following powers:
24        (a) To accept persons committed to it by the courts of

 

 

HB3979- 26 -LRB101 15449 RLC 64779 b

1    this State for care, custody, treatment and
2    rehabilitation, and to accept federal prisoners and aliens
3    over whom the Office of the Federal Detention Trustee is
4    authorized to exercise the federal detention function for
5    limited purposes and periods of time.
6        (b) To develop and maintain reception and evaluation
7    units for purposes of analyzing the custody and
8    rehabilitation needs of persons committed to it and to
9    assign such persons to institutions and programs under its
10    control or transfer them to other appropriate agencies. In
11    consultation with the Department of Alcoholism and
12    Substance Abuse (now the Department of Human Services), the
13    Department of Corrections shall develop a master plan for
14    the screening and evaluation of persons committed to its
15    custody who have alcohol or drug abuse problems, and for
16    making appropriate treatment available to such persons;
17    the Department shall report to the General Assembly on such
18    plan not later than April 1, 1987. The maintenance and
19    implementation of such plan shall be contingent upon the
20    availability of funds.
21        (b-1) To create and implement, on January 1, 2002, a
22    pilot program to establish the effectiveness of
23    pupillometer technology (the measurement of the pupil's
24    reaction to light) as an alternative to a urine test for
25    purposes of screening and evaluating persons committed to
26    its custody who have alcohol or drug problems. The pilot

 

 

HB3979- 27 -LRB101 15449 RLC 64779 b

1    program shall require the pupillometer technology to be
2    used in at least one Department of Corrections facility.
3    The Director may expand the pilot program to include an
4    additional facility or facilities as he or she deems
5    appropriate. A minimum of 4,000 tests shall be included in
6    the pilot program. The Department must report to the
7    General Assembly on the effectiveness of the program by
8    January 1, 2003.
9        (b-5) To develop, in consultation with the Department
10    of State Police, a program for tracking and evaluating each
11    inmate from commitment through release for recording his or
12    her gang affiliations, activities, or ranks.
13        (c) To maintain and administer all State correctional
14    institutions and facilities under its control and to
15    establish new ones as needed. Pursuant to its power to
16    establish new institutions and facilities, the Department
17    may, with the written approval of the Governor, authorize
18    the Department of Central Management Services to enter into
19    an agreement of the type described in subsection (d) of
20    Section 405-300 of the Department of Central Management
21    Services Law (20 ILCS 405/405-300). The Department shall
22    designate those institutions which shall constitute the
23    State Penitentiary System.
24        Pursuant to its power to establish new institutions and
25    facilities, the Department may authorize the Department of
26    Central Management Services to accept bids from counties

 

 

HB3979- 28 -LRB101 15449 RLC 64779 b

1    and municipalities for the construction, remodeling or
2    conversion of a structure to be leased to the Department of
3    Corrections for the purposes of its serving as a
4    correctional institution or facility. Such construction,
5    remodeling or conversion may be financed with revenue bonds
6    issued pursuant to the Industrial Building Revenue Bond Act
7    by the municipality or county. The lease specified in a bid
8    shall be for a term of not less than the time needed to
9    retire any revenue bonds used to finance the project, but
10    not to exceed 40 years. The lease may grant to the State
11    the option to purchase the structure outright.
12        Upon receipt of the bids, the Department may certify
13    one or more of the bids and shall submit any such bids to
14    the General Assembly for approval. Upon approval of a bid
15    by a constitutional majority of both houses of the General
16    Assembly, pursuant to joint resolution, the Department of
17    Central Management Services may enter into an agreement
18    with the county or municipality pursuant to such bid.
19        (c-5) To build and maintain regional juvenile
20    detention centers and to charge a per diem to the counties
21    as established by the Department to defray the costs of
22    housing each minor in a center. In this subsection (c-5),
23    "juvenile detention center" means a facility to house
24    minors during pendency of trial who have been transferred
25    from proceedings under the Juvenile Court Act of 1987 to
26    prosecutions under the criminal laws of this State in

 

 

HB3979- 29 -LRB101 15449 RLC 64779 b

1    accordance with Section 5-805 of the Juvenile Court Act of
2    1987, whether the transfer was by operation of law or
3    permissive under that Section. The Department shall
4    designate the counties to be served by each regional
5    juvenile detention center.
6        (d) To develop and maintain programs of control,
7    rehabilitation and employment of committed persons within
8    its institutions.
9        (d-5) To provide a pre-release job preparation program
10    for inmates at Illinois adult correctional centers.
11        (d-10) To provide educational and visitation
12    opportunities to committed persons within its institutions
13    through temporary access to content-controlled tablets
14    that may be provided as a privilege to committed persons to
15    induce or reward compliance.
16        (e) To establish a system of supervision and guidance
17    of committed persons in the community.
18        (f) To establish in cooperation with the Department of
19    Transportation to supply a sufficient number of prisoners
20    for use by the Department of Transportation to clean up the
21    trash and garbage along State, county, township, or
22    municipal highways as designated by the Department of
23    Transportation. The Department of Corrections, at the
24    request of the Department of Transportation, shall furnish
25    such prisoners at least annually for a period to be agreed
26    upon between the Director of Corrections and the Secretary

 

 

HB3979- 30 -LRB101 15449 RLC 64779 b

1    of Transportation. The prisoners used on this program shall
2    be selected by the Director of Corrections on whatever
3    basis he deems proper in consideration of their term,
4    behavior and earned eligibility to participate in such
5    program - where they will be outside of the prison facility
6    but still in the custody of the Department of Corrections.
7    Prisoners convicted of first degree murder, or a Class X
8    felony, or armed violence, or aggravated kidnapping, or
9    criminal sexual assault, aggravated criminal sexual abuse
10    or a subsequent conviction for criminal sexual abuse, or
11    forcible detention, or arson, or a prisoner adjudged a
12    Habitual Criminal before the effective date of this
13    amendatory Act of the 101st General Assembly shall not be
14    eligible for selection to participate in such program. The
15    prisoners shall remain as prisoners in the custody of the
16    Department of Corrections and such Department shall
17    furnish whatever security is necessary. The Department of
18    Transportation shall furnish trucks and equipment for the
19    highway cleanup program and personnel to supervise and
20    direct the program. Neither the Department of Corrections
21    nor the Department of Transportation shall replace any
22    regular employee with a prisoner.
23        (g) To maintain records of persons committed to it and
24    to establish programs of research, statistics and
25    planning.
26        (h) To investigate the grievances of any person

 

 

HB3979- 31 -LRB101 15449 RLC 64779 b

1    committed to the Department and to inquire into any alleged
2    misconduct by employees or committed persons; and for these
3    purposes it may issue subpoenas and compel the attendance
4    of witnesses and the production of writings and papers, and
5    may examine under oath any witnesses who may appear before
6    it; to also investigate alleged violations of a parolee's
7    or releasee's conditions of parole or release; and for this
8    purpose it may issue subpoenas and compel the attendance of
9    witnesses and the production of documents only if there is
10    reason to believe that such procedures would provide
11    evidence that such violations have occurred.
12        If any person fails to obey a subpoena issued under
13    this subsection, the Director may apply to any circuit
14    court to secure compliance with the subpoena. The failure
15    to comply with the order of the court issued in response
16    thereto shall be punishable as contempt of court.
17        (i) To appoint and remove the chief administrative
18    officers, and administer programs of training and
19    development of personnel of the Department. Personnel
20    assigned by the Department to be responsible for the
21    custody and control of committed persons or to investigate
22    the alleged misconduct of committed persons or employees or
23    alleged violations of a parolee's or releasee's conditions
24    of parole shall be conservators of the peace for those
25    purposes, and shall have the full power of peace officers
26    outside of the facilities of the Department in the

 

 

HB3979- 32 -LRB101 15449 RLC 64779 b

1    protection, arrest, retaking and reconfining of committed
2    persons or where the exercise of such power is necessary to
3    the investigation of such misconduct or violations. This
4    subsection shall not apply to persons committed to the
5    Department of Juvenile Justice under the Juvenile Court Act
6    of 1987 on aftercare release.
7        (j) To cooperate with other departments and agencies
8    and with local communities for the development of standards
9    and programs for better correctional services in this
10    State.
11        (k) To administer all moneys and properties of the
12    Department.
13        (l) To report annually to the Governor on the committed
14    persons, institutions and programs of the Department.
15        (l-5) (Blank).
16        (m) To make all rules and regulations and exercise all
17    powers and duties vested by law in the Department.
18        (n) To establish rules and regulations for
19    administering a system of sentence credits, established in
20    accordance with Section 3-6-3, subject to review by the
21    Prisoner Review Board.
22        (o) To administer the distribution of funds from the
23    State Treasury to reimburse counties where State penal
24    institutions are located for the payment of assistant
25    state's attorneys' salaries under Section 4-2001 of the
26    Counties Code.

 

 

HB3979- 33 -LRB101 15449 RLC 64779 b

1        (p) To exchange information with the Department of
2    Human Services and the Department of Healthcare and Family
3    Services for the purpose of verifying living arrangements
4    and for other purposes directly connected with the
5    administration of this Code and the Illinois Public Aid
6    Code.
7        (q) To establish a diversion program.
8        The program shall provide a structured environment for
9    selected technical parole or mandatory supervised release
10    violators and committed persons who have violated the rules
11    governing their conduct while in work release. This program
12    shall not apply to those persons who have committed a new
13    offense while serving on parole or mandatory supervised
14    release or while committed to work release.
15        Elements of the program shall include, but shall not be
16    limited to, the following:
17            (1) The staff of a diversion facility shall provide
18        supervision in accordance with required objectives set
19        by the facility.
20            (2) Participants shall be required to maintain
21        employment.
22            (3) Each participant shall pay for room and board
23        at the facility on a sliding-scale basis according to
24        the participant's income.
25            (4) Each participant shall:
26                (A) provide restitution to victims in

 

 

HB3979- 34 -LRB101 15449 RLC 64779 b

1            accordance with any court order;
2                (B) provide financial support to his
3            dependents; and
4                (C) make appropriate payments toward any other
5            court-ordered obligations.
6            (5) Each participant shall complete community
7        service in addition to employment.
8            (6) Participants shall take part in such
9        counseling, educational and other programs as the
10        Department may deem appropriate.
11            (7) Participants shall submit to drug and alcohol
12        screening.
13            (8) The Department shall promulgate rules
14        governing the administration of the program.
15        (r) To enter into intergovernmental cooperation
16    agreements under which persons in the custody of the
17    Department may participate in a county impact
18    incarceration program established under Section 3-6038 or
19    3-15003.5 of the Counties Code.
20        (r-5) (Blank).
21        (r-10) To systematically and routinely identify with
22    respect to each streetgang active within the correctional
23    system: (1) each active gang; (2) every existing inter-gang
24    affiliation or alliance; and (3) the current leaders in
25    each gang. The Department shall promptly segregate leaders
26    from inmates who belong to their gangs and allied gangs.

 

 

HB3979- 35 -LRB101 15449 RLC 64779 b

1    "Segregate" means no physical contact and, to the extent
2    possible under the conditions and space available at the
3    correctional facility, prohibition of visual and sound
4    communication. For the purposes of this paragraph (r-10),
5    "leaders" means persons who:
6            (i) are members of a criminal streetgang;
7            (ii) with respect to other individuals within the
8        streetgang, occupy a position of organizer,
9        supervisor, or other position of management or
10        leadership; and
11            (iii) are actively and personally engaged in
12        directing, ordering, authorizing, or requesting
13        commission of criminal acts by others, which are
14        punishable as a felony, in furtherance of streetgang
15        related activity both within and outside of the
16        Department of Corrections.
17    "Streetgang", "gang", and "streetgang related" have the
18    meanings ascribed to them in Section 10 of the Illinois
19    Streetgang Terrorism Omnibus Prevention Act.
20        (s) To operate a super-maximum security institution,
21    in order to manage and supervise inmates who are disruptive
22    or dangerous and provide for the safety and security of the
23    staff and the other inmates.
24        (t) To monitor any unprivileged conversation or any
25    unprivileged communication, whether in person or by mail,
26    telephone, or other means, between an inmate who, before

 

 

HB3979- 36 -LRB101 15449 RLC 64779 b

1    commitment to the Department, was a member of an organized
2    gang and any other person without the need to show cause or
3    satisfy any other requirement of law before beginning the
4    monitoring, except as constitutionally required. The
5    monitoring may be by video, voice, or other method of
6    recording or by any other means. As used in this
7    subdivision (1)(t), "organized gang" has the meaning
8    ascribed to it in Section 10 of the Illinois Streetgang
9    Terrorism Omnibus Prevention Act.
10        As used in this subdivision (1)(t), "unprivileged
11    conversation" or "unprivileged communication" means a
12    conversation or communication that is not protected by any
13    privilege recognized by law or by decision, rule, or order
14    of the Illinois Supreme Court.
15        (u) To establish a Women's and Children's Pre-release
16    Community Supervision Program for the purpose of providing
17    housing and services to eligible female inmates, as
18    determined by the Department, and their newborn and young
19    children.
20        (u-5) To issue an order, whenever a person committed to
21    the Department absconds or absents himself or herself,
22    without authority to do so, from any facility or program to
23    which he or she is assigned. The order shall be certified
24    by the Director, the Supervisor of the Apprehension Unit,
25    or any person duly designated by the Director, with the
26    seal of the Department affixed. The order shall be directed

 

 

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1    to all sheriffs, coroners, and police officers, or to any
2    particular person named in the order. Any order issued
3    pursuant to this subdivision (1) (u-5) shall be sufficient
4    warrant for the officer or person named in the order to
5    arrest and deliver the committed person to the proper
6    correctional officials and shall be executed the same as
7    criminal process.
8        (v) To do all other acts necessary to carry out the
9    provisions of this Chapter.
10    (2) The Department of Corrections shall by January 1, 1998,
11consider building and operating a correctional facility within
12100 miles of a county of over 2,000,000 inhabitants, especially
13a facility designed to house juvenile participants in the
14impact incarceration program.
15    (3) When the Department lets bids for contracts for medical
16services to be provided to persons committed to Department
17facilities by a health maintenance organization, medical
18service corporation, or other health care provider, the bid may
19only be let to a health care provider that has obtained an
20irrevocable letter of credit or performance bond issued by a
21company whose bonds have an investment grade or higher rating
22by a bond rating organization.
23    (4) When the Department lets bids for contracts for food or
24commissary services to be provided to Department facilities,
25the bid may only be let to a food or commissary services
26provider that has obtained an irrevocable letter of credit or

 

 

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1performance bond issued by a company whose bonds have an
2investment grade or higher rating by a bond rating
3organization.
4    (5) On and after the date 6 months after August 16, 2013
5(the effective date of Public Act 98-488), as provided in the
6Executive Order 1 (2012) Implementation Act, all of the powers,
7duties, rights, and responsibilities related to State
8healthcare purchasing under this Code that were transferred
9from the Department of Corrections to the Department of
10Healthcare and Family Services by Executive Order 3 (2005) are
11transferred back to the Department of Corrections; however,
12powers, duties, rights, and responsibilities related to State
13healthcare purchasing under this Code that were exercised by
14the Department of Corrections before the effective date of
15Executive Order 3 (2005) but that pertain to individuals
16resident in facilities operated by the Department of Juvenile
17Justice are transferred to the Department of Juvenile Justice.
18(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
19101-235, eff. 1-1-20.)
 
20    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
21    Sec. 3-3-3. Eligibility for parole or release.
22    (a) Except for those offenders who accept the fixed release
23date established by the Prisoner Review Board under Section
243-3-2.1, every person serving a term of imprisonment under the
25law in effect prior to the effective date of this amendatory

 

 

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1Act of 1977 shall be eligible for parole when he or she has
2served:
3        (1) the minimum term of an indeterminate sentence less
4    time credit for good behavior, or 20 years less time credit
5    for good behavior, whichever is less; or
6        (2) 20 years of a life sentence less time credit for
7    good behavior; or
8        (3) 20 years or one-third of a determinate sentence,
9    whichever is less, less time credit for good behavior.
10    (b) No person sentenced under this amendatory Act of 1977
11or who accepts a release date under Section 3-3-2.1 shall be
12eligible for parole.
13    (c) Except for those sentenced to a term of natural life
14imprisonment, every person sentenced to imprisonment under
15this amendatory Act of 1977 or given a release date under
16Section 3-3-2.1 of this Act shall serve the full term of a
17determinate sentence less time credit for good behavior and
18shall then be released under the mandatory supervised release
19provisions of paragraph (d) of Section 5-8-1 of this Code.
20    (d) No person serving a term of natural life imprisonment
21may be paroled or released except through executive clemency.
22    (d-5) Notwithstanding any provision of law to the contrary,
23a person convicted under Section 24-1.7 of the Criminal Code of
242012 or Section 5-4.5-95 of this Code before their repeal on
25the effective date of this amendatory Act of the 101st General
26Assembly shall not be eligible for consideration of conditions

 

 

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1of parole or mandatory supervised release if any of his or her
2convictions under those statutes were for first degree murder,
3second degree murder, or any offense under Article 11 of the
4Criminal Code of 2012 or the Criminal Code of 1961.
5    (e) Every person committed to the Department of Juvenile
6Justice under the Juvenile Court Act of 1987 and confined in
7the State correctional institutions or facilities if such
8juvenile has not been tried as an adult shall be eligible for
9aftercare release under Section 3-2.5-85 of this Code. However,
10if a juvenile has been tried as an adult he or she shall only be
11eligible for parole or mandatory supervised release as an adult
12under this Section.
13(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
14    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
15    Sec. 3-6-3. Rules and regulations for sentence credit.
16    (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department which shall be subject to
19review by the Prisoner Review Board.
20    (1.5) As otherwise provided by law, sentence credit may be
21awarded for the following:
22        (A) successful completion of programming while in
23    custody of the Department or while in custody prior to
24    sentencing;
25        (B) compliance with the rules and regulations of the

 

 

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1    Department; or
2        (C) service to the institution, service to a community,
3    or service to the State.
4    (2) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide, with respect to offenses listed in clause (i),
7(ii), or (iii) of this paragraph (2) committed on or after June
819, 1998 or with respect to the offense listed in clause (iv)
9of this paragraph (2) committed on or after June 23, 2005 (the
10effective date of Public Act 94-71) or with respect to offense
11listed in clause (vi) committed on or after June 1, 2008 (the
12effective date of Public Act 95-625) but before the effective
13date of this amendatory Act of the 101st General Assembly or
14with respect to the offense of being an armed habitual criminal
15committed on or after August 2, 2005 (the effective date of
16Public Act 94-398) or with respect to the offenses listed in
17clause (v) of this paragraph (2) committed on or after August
1813, 2007 (the effective date of Public Act 95-134) or with
19respect to the offense of aggravated domestic battery committed
20on or after July 23, 2010 (the effective date of Public Act
2196-1224) or with respect to the offense of attempt to commit
22terrorism committed on or after January 1, 2013 (the effective
23date of Public Act 97-990), the following:
24        (i) that a prisoner who is serving a term of
25    imprisonment for first degree murder or for the offense of
26    terrorism shall receive no sentence credit and shall serve

 

 

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1    the entire sentence imposed by the court;
2        (ii) that a prisoner serving a sentence for attempt to
3    commit terrorism, attempt to commit first degree murder,
4    solicitation of murder, solicitation of murder for hire,
5    intentional homicide of an unborn child, predatory
6    criminal sexual assault of a child, aggravated criminal
7    sexual assault, criminal sexual assault, aggravated
8    kidnapping, aggravated battery with a firearm as described
9    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
10    (e)(4) of Section 12-3.05, heinous battery as described in
11    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
12    being an armed habitual criminal before the effective date
13    of this amendatory Act of the 101st General Assembly,
14    aggravated battery of a senior citizen as described in
15    Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or
16    aggravated battery of a child as described in Section
17    12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
18    receive no more than 4.5 days of sentence credit for each
19    month of his or her sentence of imprisonment;
20        (iii) that a prisoner serving a sentence for home
21    invasion, armed robbery, aggravated vehicular hijacking,
22    aggravated discharge of a firearm, or armed violence with a
23    category I weapon or category II weapon, when the court has
24    made and entered a finding, pursuant to subsection (c-1) of
25    Section 5-4-1 of this Code, that the conduct leading to
26    conviction for the enumerated offense resulted in great

 

 

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1    bodily harm to a victim, shall receive no more than 4.5
2    days of sentence credit for each month of his or her
3    sentence of imprisonment;
4        (iv) that a prisoner serving a sentence for aggravated
5    discharge of a firearm, whether or not the conduct leading
6    to conviction for the offense resulted in great bodily harm
7    to the victim, shall receive no more than 4.5 days of
8    sentence credit for each month of his or her sentence of
9    imprisonment;
10        (v) that a person serving a sentence for gunrunning,
11    narcotics racketeering, controlled substance trafficking,
12    methamphetamine trafficking, drug-induced homicide,
13    aggravated methamphetamine-related child endangerment,
14    money laundering pursuant to clause (c) (4) or (5) of
15    Section 29B-1 of the Criminal Code of 1961 or the Criminal
16    Code of 2012, or a Class X felony conviction for delivery
17    of a controlled substance, possession of a controlled
18    substance with intent to manufacture or deliver,
19    calculated criminal drug conspiracy, criminal drug
20    conspiracy, street gang criminal drug conspiracy,
21    participation in methamphetamine manufacturing, aggravated
22    participation in methamphetamine manufacturing, delivery
23    of methamphetamine, possession with intent to deliver
24    methamphetamine, aggravated delivery of methamphetamine,
25    aggravated possession with intent to deliver
26    methamphetamine, methamphetamine conspiracy when the

 

 

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1    substance containing the controlled substance or
2    methamphetamine is 100 grams or more shall receive no more
3    than 7.5 days sentence credit for each month of his or her
4    sentence of imprisonment;
5        (vi) that a prisoner serving a sentence for a second or
6    subsequent offense of luring a minor shall receive no more
7    than 4.5 days of sentence credit for each month of his or
8    her sentence of imprisonment; and
9        (vii) that a prisoner serving a sentence for aggravated
10    domestic battery shall receive no more than 4.5 days of
11    sentence credit for each month of his or her sentence of
12    imprisonment.
13    (2.1) For all offenses, other than those enumerated in
14subdivision (a)(2)(i), (ii), or (iii) committed on or after
15June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16June 23, 2005 (the effective date of Public Act 94-71) or
17subdivision (a)(2)(v) committed on or after August 13, 2007
18(the effective date of Public Act 95-134) or subdivision
19(a)(2)(vi) committed on or after June 1, 2008 (the effective
20date of Public Act 95-625) or subdivision (a)(2)(vii) committed
21on or after July 23, 2010 (the effective date of Public Act
2296-1224), and other than the offense of aggravated driving
23under the influence of alcohol, other drug or drugs, or
24intoxicating compound or compounds, or any combination thereof
25as defined in subparagraph (F) of paragraph (1) of subsection
26(d) of Section 11-501 of the Illinois Vehicle Code, and other

 

 

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1than the offense of aggravated driving under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof as defined in
4subparagraph (C) of paragraph (1) of subsection (d) of Section
511-501 of the Illinois Vehicle Code committed on or after
6January 1, 2011 (the effective date of Public Act 96-1230), the
7rules and regulations shall provide that a prisoner who is
8serving a term of imprisonment shall receive one day of
9sentence credit for each day of his or her sentence of
10imprisonment or recommitment under Section 3-3-9. Each day of
11sentence credit shall reduce by one day the prisoner's period
12of imprisonment or recommitment under Section 3-3-9.
13    (2.2) A prisoner serving a term of natural life
14imprisonment or a prisoner who has been sentenced to death
15shall receive no sentence credit.
16    (2.3) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds, or any
21combination thereof as defined in subparagraph (F) of paragraph
22(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
23Code, shall receive no more than 4.5 days of sentence credit
24for each month of his or her sentence of imprisonment.
25    (2.4) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations on sentence credit

 

 

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1shall provide with respect to the offenses of aggravated
2battery with a machine gun or a firearm equipped with any
3device or attachment designed or used for silencing the report
4of a firearm or aggravated discharge of a machine gun or a
5firearm equipped with any device or attachment designed or used
6for silencing the report of a firearm, committed on or after
7July 15, 1999 (the effective date of Public Act 91-121), that a
8prisoner serving a sentence for any of these offenses shall
9receive no more than 4.5 days of sentence credit for each month
10of his or her sentence of imprisonment.
11    (2.5) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated arson committed on or after July 27, 2001 (the
15effective date of Public Act 92-176) shall receive no more than
164.5 days of sentence credit for each month of his or her
17sentence of imprisonment.
18    (2.6) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide that a prisoner who is serving a sentence for
21aggravated driving under the influence of alcohol, other drug
22or drugs, or intoxicating compound or compounds or any
23combination thereof as defined in subparagraph (C) of paragraph
24(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
25Code committed on or after January 1, 2011 (the effective date
26of Public Act 96-1230) shall receive no more than 4.5 days of

 

 

HB3979- 47 -LRB101 15449 RLC 64779 b

1sentence credit for each month of his or her sentence of
2imprisonment.
3    (3) In addition to the sentence credits earned under
4paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
5the rules and regulations shall also provide that the Director
6may award up to 180 days of earned sentence credit for good
7conduct in specific instances as the Director deems proper. The
8good conduct may include, but is not limited to, compliance
9with the rules and regulations of the Department, service to
10the Department, service to a community, or service to the
11State.
12    Eligible inmates for an award of earned sentence credit
13under this paragraph (3) may be selected to receive the credit
14at the Director's or his or her designee's sole discretion.
15Eligibility for the additional earned sentence credit under
16this paragraph (3) shall be based on, but is not limited to,
17the results of any available risk/needs assessment or other
18relevant assessments or evaluations administered by the
19Department using a validated instrument, the circumstances of
20the crime, any history of conviction for a forcible felony
21enumerated in Section 2-8 of the Criminal Code of 2012, the
22inmate's behavior and disciplinary history while incarcerated,
23and the inmate's commitment to rehabilitation, including
24participation in programming offered by the Department.
25    The Director shall not award sentence credit under this
26paragraph (3) to an inmate unless the inmate has served a

 

 

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1minimum of 60 days of the sentence; except nothing in this
2paragraph shall be construed to permit the Director to extend
3an inmate's sentence beyond that which was imposed by the
4court. Prior to awarding credit under this paragraph (3), the
5Director shall make a written determination that the inmate:
6        (A) is eligible for the earned sentence credit;
7        (B) has served a minimum of 60 days, or as close to 60
8    days as the sentence will allow;
9        (B-1) has received a risk/needs assessment or other
10    relevant evaluation or assessment administered by the
11    Department using a validated instrument; and
12        (C) has met the eligibility criteria established by
13    rule for earned sentence credit.
14    The Director shall determine the form and content of the
15written determination required in this subsection.
16    (3.5) The Department shall provide annual written reports
17to the Governor and the General Assembly on the award of earned
18sentence credit no later than February 1 of each year. The
19Department must publish both reports on its website within 48
20hours of transmitting the reports to the Governor and the
21General Assembly. The reports must include:
22        (A) the number of inmates awarded earned sentence
23    credit;
24        (B) the average amount of earned sentence credit
25    awarded;
26        (C) the holding offenses of inmates awarded earned

 

 

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1    sentence credit; and
2        (D) the number of earned sentence credit revocations.
3    (4)(A) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations shall also provide
5that the sentence credit accumulated and retained under
6paragraph (2.1) of subsection (a) of this Section by any inmate
7during specific periods of time in which such inmate is engaged
8full-time in substance abuse programs, correctional industry
9assignments, educational programs, behavior modification
10programs, life skills courses, or re-entry planning provided by
11the Department under this paragraph (4) and satisfactorily
12completes the assigned program as determined by the standards
13of the Department, shall be multiplied by a factor of 1.25 for
14program participation before August 11, 1993 and 1.50 for
15program participation on or after that date. The rules and
16regulations shall also provide that sentence credit, subject to
17the same offense limits and multiplier provided in this
18paragraph, may be provided to an inmate who was held in
19pre-trial detention prior to his or her current commitment to
20the Department of Corrections and successfully completed a
21full-time, 60-day or longer substance abuse program,
22educational program, behavior modification program, life
23skills course, or re-entry planning provided by the county
24department of corrections or county jail. Calculation of this
25county program credit shall be done at sentencing as provided
26in Section 5-4.5-100 of this Code and shall be included in the

 

 

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1sentencing order. However, no inmate shall be eligible for the
2additional sentence credit under this paragraph (4) or (4.1) of
3this subsection (a) while assigned to a boot camp or electronic
4detention.
5    (B) The Department shall award sentence credit under this
6paragraph (4) accumulated prior to the effective date of this
7amendatory Act of the 101st General Assembly in an amount
8specified in subparagraph (C) of this paragraph (4) to an
9inmate serving a sentence for an offense committed prior to
10June 19, 1998, if the Department determines that the inmate is
11entitled to this sentence credit, based upon:
12        (i) documentation provided by the Department that the
13    inmate engaged in any full-time substance abuse programs,
14    correctional industry assignments, educational programs,
15    behavior modification programs, life skills courses, or
16    re-entry planning provided by the Department under this
17    paragraph (4) and satisfactorily completed the assigned
18    program as determined by the standards of the Department
19    during the inmate's current term of incarceration; or
20        (ii) the inmate's own testimony in the form of an
21    affidavit or documentation, or a third party's
22    documentation or testimony in the form of an affidavit that
23    the inmate likely engaged in any full-time substance abuse
24    programs, correctional industry assignments, educational
25    programs, behavior modification programs, life skills
26    courses, or re-entry planning provided by the Department

 

 

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1    under paragraph (4) and satisfactorily completed the
2    assigned program as determined by the standards of the
3    Department during the inmate's current term of
4    incarceration.
5    (C) If the inmate can provide documentation that he or she
6is entitled to sentence credit under subparagraph (B) in excess
7of 45 days of participation in those programs, the inmate shall
8receive 90 days of sentence credit. If the inmate cannot
9provide documentation of more than 45 days of participation
10those programs, the inmate shall receive 45 days of sentence
11credit. In the event of a disagreement between the Department
12and the inmate as to the amount of credit accumulated under
13subparagraph (B), if the Department provides documented proof
14of a lesser amount of days of participation in those programs,
15that proof shall control. If the Department provides no
16documentary proof, the inmate's proof as set forth in clause
17(ii) of subparagraph (B) shall control as to the amount of
18sentence credit provided.
19    (D) If the inmate has been convicted of a sex offense as
20defined in Section 2 of the Sex Offender Registration Act,
21sentencing credits under subparagraph (B) of this paragraph (4)
22shall be awarded by the Department only if the conditions set
23forth in paragraph (4.6) of subsection (a) are satisfied. No
24inmate serving a term of natural life imprisonment shall
25receive sentence credit under subparagraph (B) of this
26paragraph (4).

 

 

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1    Educational, vocational, substance abuse, behavior
2modification programs, life skills courses, re-entry planning,
3and correctional industry programs under which sentence credit
4may be increased under this paragraph (4) and paragraph (4.1)
5of this subsection (a) shall be evaluated by the Department on
6the basis of documented standards. The Department shall report
7the results of these evaluations to the Governor and the
8General Assembly by September 30th of each year. The reports
9shall include data relating to the recidivism rate among
10program participants.
11    Availability of these programs shall be subject to the
12limits of fiscal resources appropriated by the General Assembly
13for these purposes. Eligible inmates who are denied immediate
14admission shall be placed on a waiting list under criteria
15established by the Department. The inability of any inmate to
16become engaged in any such programs by reason of insufficient
17program resources or for any other reason established under the
18rules and regulations of the Department shall not be deemed a
19cause of action under which the Department or any employee or
20agent of the Department shall be liable for damages to the
21inmate.
22    (4.1) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations shall also provide
24that an additional 90 days of sentence credit shall be awarded
25to any prisoner who passes high school equivalency testing
26while the prisoner is committed to the Department of

 

 

HB3979- 53 -LRB101 15449 RLC 64779 b

1Corrections. The sentence credit awarded under this paragraph
2(4.1) shall be in addition to, and shall not affect, the award
3of sentence credit under any other paragraph of this Section,
4but shall also be pursuant to the guidelines and restrictions
5set forth in paragraph (4) of subsection (a) of this Section.
6The sentence credit provided for in this paragraph shall be
7available only to those prisoners who have not previously
8earned a high school diploma or a high school equivalency
9certificate. If, after an award of the high school equivalency
10testing sentence credit has been made, the Department
11determines that the prisoner was not eligible, then the award
12shall be revoked. The Department may also award 90 days of
13sentence credit to any committed person who passed high school
14equivalency testing while he or she was held in pre-trial
15detention prior to the current commitment to the Department of
16Corrections.
17    Except as provided in paragraph (4.7) of this subsection
18(a), the rules and regulations shall provide that an additional
19180 days of sentence credit shall be awarded to any prisoner
20who obtains a bachelor's degree while the prisoner is committed
21to the Department of Corrections. The sentence credit awarded
22under this paragraph (4.1) shall be in addition to, and shall
23not affect, the award of sentence credit under any other
24paragraph of this Section, but shall also be under the
25guidelines and restrictions set forth in paragraph (4) of this
26subsection (a). The sentence credit provided for in this

 

 

HB3979- 54 -LRB101 15449 RLC 64779 b

1paragraph shall be available only to those prisoners who have
2not earned a bachelor's degree prior to the current commitment
3to the Department of Corrections. If, after an award of the
4bachelor's degree sentence credit has been made, the Department
5determines that the prisoner was not eligible, then the award
6shall be revoked. The Department may also award 180 days of
7sentence credit to any committed person who earned a bachelor's
8degree while he or she was held in pre-trial detention prior to
9the current commitment to the Department of Corrections.
10    Except as provided in paragraph (4.7) of this subsection
11(a), the rules and regulations shall provide that an additional
12180 days of sentence credit shall be awarded to any prisoner
13who obtains a master's or professional degree while the
14prisoner is committed to the Department of Corrections. The
15sentence credit awarded under this paragraph (4.1) shall be in
16addition to, and shall not affect, the award of sentence credit
17under any other paragraph of this Section, but shall also be
18under the guidelines and restrictions set forth in paragraph
19(4) of this subsection (a). The sentence credit provided for in
20this paragraph shall be available only to those prisoners who
21have not previously earned a master's or professional degree
22prior to the current commitment to the Department of
23Corrections. If, after an award of the master's or professional
24degree sentence credit has been made, the Department determines
25that the prisoner was not eligible, then the award shall be
26revoked. The Department may also award 180 days of sentence

 

 

HB3979- 55 -LRB101 15449 RLC 64779 b

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

 

 

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1substance abuse program prior to release may be eligible for a
2waiver and receive sentence credit under clause (3) of this
3subsection (a) at the discretion of the Director.
4    (4.6) The rules and regulations on sentence credit shall
5also provide that a prisoner who has been convicted of a sex
6offense as defined in Section 2 of the Sex Offender
7Registration Act shall receive no sentence credit unless he or
8she either has successfully completed or is participating in
9sex offender treatment as defined by the Sex Offender
10Management Board. However, prisoners who are waiting to receive
11treatment, but who are unable to do so due solely to the lack
12of resources on the part of the Department, may, at the
13Director's sole discretion, be awarded sentence credit at a
14rate as the Director shall determine.
15    (4.7) On or after the effective date of this amendatory Act
16of the 100th General Assembly, sentence credit under paragraph
17(3), (4), or (4.1) of this subsection (a) may be awarded to a
18prisoner who is serving a sentence for an offense described in
19paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
20on or after the effective date of this amendatory Act of the
21100th General Assembly; provided, the award of the credits
22under this paragraph (4.7) shall not reduce the sentence of the
23prisoner to less than the following amounts:
24        (i) 85% of his or her sentence if the prisoner is
25    required to serve 85% of his or her sentence; or
26        (ii) 60% of his or her sentence if the prisoner is

 

 

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1    required to serve 75% of his or her sentence, except if the
2    prisoner is serving a sentence for gunrunning his or her
3    sentence shall not be reduced to less than 75%.
4        (iii) 100% of his or her sentence if the prisoner is
5    required to serve 100% of his or her sentence.
6    (5) Whenever the Department is to release any inmate
7earlier than it otherwise would because of a grant of earned
8sentence credit under paragraph (3) of subsection (a) of this
9Section given at any time during the term, the Department shall
10give reasonable notice of the impending release not less than
1114 days prior to the date of the release to the State's
12Attorney of the county where the prosecution of the inmate took
13place, and if applicable, the State's Attorney of the county
14into which the inmate will be released. The Department must
15also make identification information and a recent photo of the
16inmate being released accessible on the Internet by means of a
17hyperlink labeled "Community Notification of Inmate Early
18Release" on the Department's World Wide Web homepage. The
19identification information shall include the inmate's: name,
20any known alias, date of birth, physical characteristics,
21commitment offense and county where conviction was imposed. The
22identification information shall be placed on the website
23within 3 days of the inmate's release and the information may
24not be removed until either: completion of the first year of
25mandatory supervised release or return of the inmate to custody
26of the Department.

 

 

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1    (b) Whenever a person is or has been committed under
2several convictions, with separate sentences, the sentences
3shall be construed under Section 5-8-4 in granting and
4forfeiting of sentence credit.
5    (c) The Department shall prescribe rules and regulations
6for revoking sentence credit, including revoking sentence
7credit awarded under paragraph (3) of subsection (a) of this
8Section. The Department shall prescribe rules and regulations
9for suspending or reducing the rate of accumulation of sentence
10credit for specific rule violations, during imprisonment.
11These rules and regulations shall provide that no inmate may be
12penalized more than one year of sentence credit for any one
13infraction.
14    When the Department seeks to revoke, suspend or reduce the
15rate of accumulation of any sentence credits for an alleged
16infraction of its rules, it shall bring charges therefor
17against the prisoner sought to be so deprived of sentence
18credits before the Prisoner Review Board as provided in
19subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20amount of credit at issue exceeds 30 days or when during any 12
21month period, the cumulative amount of credit revoked exceeds
2230 days except where the infraction is committed or discovered
23within 60 days of scheduled release. In those cases, the
24Department of Corrections may revoke up to 30 days of sentence
25credit. The Board may subsequently approve the revocation of
26additional sentence credit, if the Department seeks to revoke

 

 

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1sentence credit in excess of 30 days. However, the Board shall
2not be empowered to review the Department's decision with
3respect to the loss of 30 days of sentence credit within any
4calendar year for any prisoner or to increase any penalty
5beyond the length requested by the Department.
6    The Director of the Department of Corrections, in
7appropriate cases, may restore up to 30 days of sentence
8credits which have been revoked, suspended or reduced. Any
9restoration of sentence credits in excess of 30 days shall be
10subject to review by the Prisoner Review Board. However, the
11Board may not restore sentence credit in excess of the amount
12requested by the Director.
13    Nothing contained in this Section shall prohibit the
14Prisoner Review Board from ordering, pursuant to Section
153-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
16sentence imposed by the court that was not served due to the
17accumulation of sentence credit.
18    (d) If a lawsuit is filed by a prisoner in an Illinois or
19federal court against the State, the Department of Corrections,
20or the Prisoner Review Board, or against any of their officers
21or employees, and the court makes a specific finding that a
22pleading, motion, or other paper filed by the prisoner is
23frivolous, the Department of Corrections shall conduct a
24hearing to revoke up to 180 days of sentence credit by bringing
25charges against the prisoner sought to be deprived of the
26sentence credits before the Prisoner Review Board as provided

 

 

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1in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
2prisoner has not accumulated 180 days of sentence credit at the
3time of the finding, then the Prisoner Review Board may revoke
4all sentence credit accumulated by the prisoner.
5    For purposes of this subsection (d):
6        (1) "Frivolous" means that a pleading, motion, or other
7    filing which purports to be a legal document filed by a
8    prisoner in his or her lawsuit meets any or all of the
9    following criteria:
10            (A) it lacks an arguable basis either in law or in
11        fact;
12            (B) it is being presented for any improper purpose,
13        such as to harass or to cause unnecessary delay or
14        needless increase in the cost of litigation;
15            (C) the claims, defenses, and other legal
16        contentions therein are not warranted by existing law
17        or by a nonfrivolous argument for the extension,
18        modification, or reversal of existing law or the
19        establishment of new law;
20            (D) the allegations and other factual contentions
21        do not have evidentiary support or, if specifically so
22        identified, are not likely to have evidentiary support
23        after a reasonable opportunity for further
24        investigation or discovery; or
25            (E) the denials of factual contentions are not
26        warranted on the evidence, or if specifically so

 

 

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1        identified, are not reasonably based on a lack of
2        information or belief.
3        (2) "Lawsuit" means a motion pursuant to Section 116-3
4    of the Code of Criminal Procedure of 1963, a habeas corpus
5    action under Article X of the Code of Civil Procedure or
6    under federal law (28 U.S.C. 2254), a petition for claim
7    under the Court of Claims Act, an action under the federal
8    Civil Rights Act (42 U.S.C. 1983), or a second or
9    subsequent petition for post-conviction relief under
10    Article 122 of the Code of Criminal Procedure of 1963
11    whether filed with or without leave of court or a second or
12    subsequent petition for relief from judgment under Section
13    2-1401 of the Code of Civil Procedure.
14    (e) Nothing in Public Act 90-592 or 90-593 affects the
15validity of Public Act 89-404.
16    (f) Whenever the Department is to release any inmate who
17has been convicted of a violation of an order of protection
18under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19the Criminal Code of 2012, earlier than it otherwise would
20because of a grant of sentence credit, the Department, as a
21condition of release, shall require that the person, upon
22release, be placed under electronic surveillance as provided in
23Section 5-8A-7 of this Code.
24(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
25101-440, eff. 1-1-20.)
 

 

 

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1    (730 ILCS 5/5-4.5-95 rep.)
2    Section 30. The Unified Code of Corrections is amended by
3repealing Section 5-4.5-95.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
4    625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508
5    720 ILCS 5/33A-3from Ch. 38, par. 33A-3
6    720 ILCS 5/24-1.7 rep.
7    725 ILCS 5/111-3from Ch. 38, par. 111-3
8    730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
9    730 ILCS 5/3-3-3from Ch. 38, par. 1003-3-3
10    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
11    730 ILCS 5/5-4.5-95 rep.