Rep. Barbara Flynn Currie

Filed: 5/29/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1338

2    AMENDMENT NO. ______. Amend Senate Bill 1338 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    (Text of Section before amendment by P.A. 96-1551)
8    Sec. 3-6-3. Rules and Regulations for Early Release.
9        (a) (1) The Department of Corrections shall prescribe
10    rules and regulations for the the early release on account
11    of good conduct of persons committed to the Department
12    which shall be subject to review by the Prisoner Review
13    Board.
14        (2) The rules and regulations on early release shall
15    provide, with respect to offenses listed in clause (i),
16    (ii), or (iii) of this paragraph (2) committed on or after

 

 

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1    June 19, 1998 or with respect to the offense listed in
2    clause (iv) of this paragraph (2) committed on or after
3    June 23, 2005 (the effective date of Public Act 94-71) or
4    with respect to offense listed in clause (vi) committed on
5    or after June 1, 2008 (the effective date of Public Act
6    95-625) or with respect to the offense of being an armed
7    habitual criminal committed on or after August 2, 2005 (the
8    effective date of Public Act 94-398) or with respect to the
9    offenses listed in clause (v) of this paragraph (2)
10    committed on or after August 13, 2007 (the effective date
11    of Public Act 95-134) or with respect to the offense of
12    aggravated domestic battery committed on or after July 23,
13    2010 (the effective date of Public Act 96-1224) this
14    amendatory Act of the 96th General Assembly, the following:
15            (i) that a prisoner who is serving a term of
16        imprisonment for first degree murder or for the offense
17        of terrorism shall receive no good conduct credit and
18        shall serve the entire sentence imposed by the court;
19            (ii) that a prisoner serving a sentence for attempt
20        to commit first degree murder, solicitation of murder,
21        solicitation of murder for hire, intentional homicide
22        of an unborn child, predatory criminal sexual assault
23        of a child, aggravated criminal sexual assault,
24        criminal sexual assault, aggravated kidnapping,
25        aggravated battery with a firearm, heinous battery,
26        being an armed habitual criminal, aggravated battery

 

 

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1        of a senior citizen, or aggravated battery of a child
2        shall receive no more than 4.5 days of good conduct
3        credit for each month of his or her sentence of
4        imprisonment;
5            (iii) that a prisoner serving a sentence for home
6        invasion, armed robbery, aggravated vehicular
7        hijacking, aggravated discharge of a firearm, or armed
8        violence with a category I weapon or category II
9        weapon, when the court has made and entered a finding,
10        pursuant to subsection (c-1) of Section 5-4-1 of this
11        Code, that the conduct leading to conviction for the
12        enumerated offense resulted in great bodily harm to a
13        victim, shall receive no more than 4.5 days of good
14        conduct credit for each month of his or her sentence of
15        imprisonment;
16            (iv) that a prisoner serving a sentence for
17        aggravated discharge of a firearm, whether or not the
18        conduct leading to conviction for the offense resulted
19        in great bodily harm to the victim, shall receive no
20        more than 4.5 days of good conduct credit for each
21        month of his or her sentence of imprisonment;
22            (v) that a person serving a sentence for
23        gunrunning, narcotics racketeering, controlled
24        substance trafficking, methamphetamine trafficking,
25        drug-induced homicide, aggravated
26        methamphetamine-related child endangerment, money

 

 

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1        laundering pursuant to clause (c) (4) or (5) of Section
2        29B-1 of the Criminal Code of 1961, or a Class X felony
3        conviction for delivery of a controlled substance,
4        possession of a controlled substance with intent to
5        manufacture or deliver, calculated criminal drug
6        conspiracy, criminal drug conspiracy, street gang
7        criminal drug conspiracy, participation in
8        methamphetamine manufacturing, aggravated
9        participation in methamphetamine manufacturing,
10        delivery of methamphetamine, possession with intent to
11        deliver methamphetamine, aggravated delivery of
12        methamphetamine, aggravated possession with intent to
13        deliver methamphetamine, methamphetamine conspiracy
14        when the substance containing the controlled substance
15        or methamphetamine is 100 grams or more shall receive
16        no more than 7.5 days good conduct credit for each
17        month of his or her sentence of imprisonment;
18            (vi) that a prisoner serving a sentence for a
19        second or subsequent offense of luring a minor shall
20        receive no more than 4.5 days of good conduct credit
21        for each month of his or her sentence of imprisonment;
22        and
23            (vii) that a prisoner serving a sentence for
24        aggravated domestic battery shall receive no more than
25        4.5 days of good conduct credit for each month of his
26        or her sentence of imprisonment.

 

 

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1        (2.1) For all offenses, other than those enumerated in
2    subdivision (a)(2)(i), (ii), or (iii) committed on or after
3    June 19, 1998 or subdivision (a)(2)(iv) committed on or
4    after June 23, 2005 (the effective date of Public Act
5    94-71) or subdivision (a)(2)(v) committed on or after
6    August 13, 2007 (the effective date of Public Act 95-134)
7    or subdivision (a)(2)(vi) committed on or after June 1,
8    2008 (the effective date of Public Act 95-625) or
9    subdivision (a)(2)(vii) committed on or after July 23, 2010
10    (the effective date of Public Act 96-1224) this amendatory
11    Act of the 96th General Assembly, and other than the
12    offense of aggravated driving under the influence of
13    alcohol, other drug or drugs, or intoxicating compound or
14    compounds, or any combination thereof as defined in
15    subparagraph (F) of paragraph (1) of subsection (d) of
16    Section 11-501 of the Illinois Vehicle Code, and other than
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (C) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code committed on or
22    after January 1, 2011 (the effective date of Public Act
23    96-1230) this amendatory Act of the 96th General Assembly,
24    the rules and regulations shall provide that a prisoner who
25    is serving a term of imprisonment shall receive one day of
26    good conduct credit for each day of his or her sentence of

 

 

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

 

 

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1    conduct credit for each month of his or her sentence of
2    imprisonment.
3        (2.5) The rules and regulations on early release shall
4    provide that a prisoner who is serving a sentence for
5    aggravated arson committed on or after July 27, 2001 (the
6    effective date of Public Act 92-176) shall receive no more
7    than 4.5 days of good conduct credit for each month of his
8    or her sentence of imprisonment.
9        (2.6) The rules and regulations on early release shall
10    provide that a prisoner who is serving a sentence for
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or
13    any combination thereof as defined in subparagraph (C) of
14    paragraph (1) of subsection (d) of Section 11-501 of the
15    Illinois Vehicle Code committed on or after January 1, 2011
16    (the effective date of Public Act 96-1230) this amendatory
17    Act of the 96th General Assembly, shall receive no more
18    than 4.5 days of good conduct credit for each month of his
19    or her sentence of imprisonment.
20        (3) The rules and regulations shall also provide that
21    the Director may award up to 180 days additional good
22    conduct credit for meritorious service in specific
23    instances as the Director deems proper; except that no more
24    than 90 days of good conduct credit for meritorious service
25    shall be awarded to any prisoner who is serving a sentence
26    for conviction of first degree murder, reckless homicide

 

 

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1    while under the influence of alcohol or any other drug, or
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds, or
4    any combination thereof as defined in subparagraph (F) of
5    paragraph (1) of subsection (d) of Section 11-501 of the
6    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
7    predatory criminal sexual assault of a child, aggravated
8    criminal sexual assault, criminal sexual assault, deviate
9    sexual assault, aggravated criminal sexual abuse,
10    aggravated indecent liberties with a child, indecent
11    liberties with a child, child pornography, heinous
12    battery, aggravated battery of a spouse, aggravated
13    battery of a spouse with a firearm, stalking, aggravated
14    stalking, aggravated battery of a child, endangering the
15    life or health of a child, or cruelty to a child.
16    Notwithstanding the foregoing, good conduct credit for
17    meritorious service shall not be awarded on a sentence of
18    imprisonment imposed for conviction of: (i) one of the
19    offenses enumerated in subdivision (a)(2)(i), (ii), or
20    (iii) when the offense is committed on or after June 19,
21    1998 or subdivision (a)(2)(iv) when the offense is
22    committed on or after June 23, 2005 (the effective date of
23    Public Act 94-71) or subdivision (a)(2)(v) when the offense
24    is committed on or after August 13, 2007 (the effective
25    date of Public Act 95-134) or subdivision (a)(2)(vi) when
26    the offense is committed on or after June 1, 2008 (the

 

 

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1    effective date of Public Act 95-625) or subdivision
2    (a)(2)(vii) when the offense is committed on or after July
3    23, 2010 (the effective date of Public Act 96-1224) this
4    amendatory Act of the 96th General Assembly, (ii)
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof as defined in subparagraph (F) of
8    paragraph (1) of subsection (d) of Section 11-501 of the
9    Illinois Vehicle Code, (iii) one of the offenses enumerated
10    in subdivision (a)(2.4) when the offense is committed on or
11    after July 15, 1999 (the effective date of Public Act
12    91-121), (iv) aggravated arson when the offense is
13    committed on or after July 27, 2001 (the effective date of
14    Public Act 92-176), or (v) offenses that may subject the
15    offender to commitment under the Sexually Violent Persons
16    Commitment Act, or (vi) (v) aggravated driving under the
17    influence of alcohol, other drug or drugs, or intoxicating
18    compound or compounds, or any combination thereof as
19    defined in subparagraph (C) of paragraph (1) of subsection
20    (d) of Section 11-501 of the Illinois Vehicle Code
21    committed on or after January 1, 2011 (the effective date
22    of Public Act 96-1230) this amendatory Act of the 96th
23    General Assembly.
24        The Director shall not award good conduct credit for
25    meritorious service under this paragraph (3) to an inmate
26    unless the inmate has served a minimum of 60 days of the

 

 

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1    sentence; except nothing in this paragraph shall be
2    construed to permit the Director to extend an inmate's
3    sentence beyond that which was imposed by the court. Prior
4    to awarding credit under this paragraph (3), the Director
5    shall make a written determination that the inmate:
6            (A) is eligible for good conduct credit for
7        meritorious service;
8            (B) has served a minimum of 60 days, or as close to
9        60 days as the sentence will allow; and
10            (C) has met the eligibility criteria established
11        by rule.
12        The Director shall determine the form and content of
13    the written determination required in this subsection.
14        (4) The rules and regulations shall also provide that
15    the good conduct credit accumulated and retained under
16    paragraph (2.1) of subsection (a) of this Section by any
17    inmate during specific periods of time in which such inmate
18    is engaged full-time in substance abuse programs,
19    correctional industry assignments, or educational programs
20    provided by the Department under this paragraph (4) and
21    satisfactorily completes the assigned program as
22    determined by the standards of the Department, shall be
23    multiplied by a factor of 1.25 for program participation
24    before August 11, 1993 and 1.50 for program participation
25    on or after that date. However, no inmate shall be eligible
26    for the additional good conduct credit under this paragraph

 

 

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1    (4) or (4.1) of this subsection (a) while assigned to a
2    boot camp or electronic detention, or if convicted of an
3    offense enumerated in subdivision (a)(2)(i), (ii), or
4    (iii) of this Section that is committed on or after June
5    19, 1998 or subdivision (a)(2)(iv) of this Section that is
6    committed on or after June 23, 2005 (the effective date of
7    Public Act 94-71) or subdivision (a)(2)(v) of this Section
8    that is committed on or after August 13, 2007 (the
9    effective date of Public Act 95-134) or subdivision
10    (a)(2)(vi) when the offense is committed on or after June
11    1, 2008 (the effective date of Public Act 95-625) or
12    subdivision (a)(2)(vii) when the offense is committed on or
13    after July 23, 2010 (the effective date of Public Act
14    96-1224) this amendatory Act of the 96th General Assembly,
15    or if convicted of aggravated driving under the influence
16    of alcohol, other drug or drugs, or intoxicating compound
17    or compounds, or any combination thereof as defined in
18    subparagraph (F) of paragraph (1) of subsection (d) of
19    Section 11-501 of the Illinois Vehicle Code, or if
20    convicted of aggravated driving under the influence of
21    alcohol, other drug or drugs, or intoxicating compound or
22    compounds, or any combination thereof as defined in
23    subparagraph (C) of paragraph (1) of subsection (d) of
24    Section 11-501 of the Illinois Vehicle Code committed on or
25    after January 1, 2011 (the effective date of Public Act
26    96-1230) this amendatory Act of the 96th General Assembly,

 

 

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

 

 

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1    limits of fiscal resources appropriated by the General
2    Assembly for these purposes. Eligible inmates who are
3    denied immediate admission shall be placed on a waiting
4    list under criteria established by the Department. The
5    inability of any inmate to become engaged in any such
6    programs by reason of insufficient program resources or for
7    any other reason established under the rules and
8    regulations of the Department shall not be deemed a cause
9    of action under which the Department or any employee or
10    agent of the Department shall be liable for damages to the
11    inmate.
12        (4.1) The rules and regulations shall also provide that
13    an additional 60 days of good conduct credit shall be
14    awarded to any prisoner who passes the high school level
15    Test of General Educational Development (GED) while the
16    prisoner is incarcerated. The good conduct credit awarded
17    under this paragraph (4.1) shall be in addition to, and
18    shall not affect, the award of good conduct under any other
19    paragraph of this Section, but shall also be pursuant to
20    the guidelines and restrictions set forth in paragraph (4)
21    of subsection (a) of this Section. The good conduct credit
22    provided for in this paragraph shall be available only to
23    those prisoners who have not previously earned a high
24    school diploma or a GED. If, after an award of the GED good
25    conduct credit has been made and the Department determines
26    that the prisoner was not eligible, then the award shall be

 

 

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

 

 

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

 

 

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1    of a hyperlink labeled "Community Notification of Inmate
2    Early Release" on the Department's World Wide Web homepage.
3    The identification information shall include the inmate's:
4    name, any known alias, date of birth, physical
5    characteristics, residence address, commitment offense and
6    county where conviction was imposed. The identification
7    information shall be placed on the website within 3 days of
8    the inmate's release and the information may not be removed
9    until either: completion of the first year of mandatory
10    supervised release or return of the inmate to custody of
11    the Department.
12    (b) Whenever a person is or has been committed under
13several convictions, with separate sentences, the sentences
14shall be construed under Section 5-8-4 in granting and
15forfeiting of good time.
16    (c) The Department shall prescribe rules and regulations
17for revoking good conduct credit, or suspending or reducing the
18rate of accumulation of good conduct credit for specific rule
19violations, during imprisonment. These rules and regulations
20shall provide that no inmate may be penalized more than one
21year of good conduct credit for any one infraction.
22    When the Department seeks to revoke, suspend or reduce the
23rate of accumulation of any good conduct credits for an alleged
24infraction of its rules, it shall bring charges therefor
25against the prisoner sought to be so deprived of good conduct
26credits before the Prisoner Review Board as provided in

 

 

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1subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2amount of credit at issue exceeds 30 days or when during any 12
3month period, the cumulative amount of credit revoked exceeds
430 days except where the infraction is committed or discovered
5within 60 days of scheduled release. In those cases, the
6Department of Corrections may revoke up to 30 days of good
7conduct credit. The Board may subsequently approve the
8revocation of additional good conduct credit, if the Department
9seeks to revoke good conduct credit in excess of 30 days.
10However, the Board shall not be empowered to review the
11Department's decision with respect to the loss of 30 days of
12good conduct credit within any calendar year for any prisoner
13or to increase any penalty beyond the length requested by the
14Department.
15    The Director of the Department of Corrections, in
16appropriate cases, may restore up to 30 days good conduct
17credits which have been revoked, suspended or reduced. Any
18restoration of good conduct credits in excess of 30 days shall
19be subject to review by the Prisoner Review Board. However, the
20Board may not restore good conduct credit in excess of the
21amount requested by the Director.
22    Nothing contained in this Section shall prohibit the
23Prisoner Review Board from ordering, pursuant to Section
243-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
25sentence imposed by the court that was not served due to the
26accumulation of good conduct credit.

 

 

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

 

 

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1        or by a nonfrivolous argument for the extension,
2        modification, or reversal of existing law or the
3        establishment of new law;
4            (D) the allegations and other factual contentions
5        do not have evidentiary support or, if specifically so
6        identified, are not likely to have evidentiary support
7        after a reasonable opportunity for further
8        investigation or discovery; or
9            (E) the denials of factual contentions are not
10        warranted on the evidence, or if specifically so
11        identified, are not reasonably based on a lack of
12        information or belief.
13        (2) "Lawsuit" means a motion pursuant to Section 116-3
14    of the Code of Criminal Procedure of 1963, a habeas corpus
15    action under Article X of the Code of Civil Procedure or
16    under federal law (28 U.S.C. 2254), a petition for claim
17    under the Court of Claims Act, an action under the federal
18    Civil Rights Act (42 U.S.C. 1983), or a second or
19    subsequent petition for post-conviction relief under
20    Article 122 of the Code of Criminal Procedure of 1963
21    whether filed with or without leave of court or a second or
22    subsequent petition for relief from judgment under Section
23    2-1401 of the Code of Civil Procedure.
24    (e) Nothing in Public Act 90-592 or 90-593 affects the
25validity of Public Act 89-404.
26    (f) Whenever the Department is to release any inmate who

 

 

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1has been convicted of a violation of an order of protection
2under Section 12-30 of the Criminal Code of 1961, earlier than
3it otherwise would because of a grant of good conduct credit,
4the Department, as a condition of such early release, shall
5require that the person, upon release, be placed under
6electronic surveillance as provided in Section 5-8A-7 of this
7Code.
8(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
995-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
1095-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
117-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
12eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
13    (Text of Section after amendment by P.A. 96-1551)
14    Sec. 3-6-3. Rules and Regulations for Early Release.
15        (a) (1) The Department of Corrections shall prescribe
16    rules and regulations for the early release on account of
17    good conduct of persons committed to the Department which
18    shall be subject to review by the Prisoner Review Board.
19        (2) The rules and regulations on early release shall
20    provide, with respect to offenses listed in clause (i),
21    (ii), or (iii) of this paragraph (2) committed on or after
22    June 19, 1998 or with respect to the offense listed in
23    clause (iv) of this paragraph (2) committed on or after
24    June 23, 2005 (the effective date of Public Act 94-71) or
25    with respect to offense listed in clause (vi) committed on

 

 

09700SB1338ham001- 21 -LRB097 07075 JDS 56541 a

1    or after June 1, 2008 (the effective date of Public Act
2    95-625) or with respect to the offense of being an armed
3    habitual criminal committed on or after August 2, 2005 (the
4    effective date of Public Act 94-398) or with respect to the
5    offenses listed in clause (v) of this paragraph (2)
6    committed on or after August 13, 2007 (the effective date
7    of Public Act 95-134) or with respect to the offense of
8    aggravated domestic battery committed on or after July 23,
9    2010 (the effective date of Public Act 96-1224), the
10    following:
11            (i) that a prisoner who is serving a term of
12        imprisonment for first degree murder or for the offense
13        of terrorism shall receive no good conduct credit and
14        shall serve the entire sentence imposed by the court;
15            (ii) that a prisoner serving a sentence for attempt
16        to commit first degree murder, solicitation of murder,
17        solicitation of murder for hire, intentional homicide
18        of an unborn child, predatory criminal sexual assault
19        of a child, aggravated criminal sexual assault,
20        criminal sexual assault, aggravated kidnapping,
21        aggravated battery with a firearm as described in
22        Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
23        or (e)(4) of Section 12-3.05, heinous battery as
24        described in Section 12-4.1 or subdivision (a)(2) of
25        Section 12-3.05, being an armed habitual criminal,
26        aggravated battery of a senior citizen as described in

 

 

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1        Section 12-4.6 or subdivision (a)(4) of Section
2        12-3.05, or aggravated battery of a child as described
3        in Section 12-4.3 or subdivision (b)(1) of Section
4        12-3.05 shall receive no more than 4.5 days of good
5        conduct credit for each month of his or her sentence of
6        imprisonment;
7            (iii) that a prisoner serving a sentence for home
8        invasion, armed robbery, aggravated vehicular
9        hijacking, aggravated discharge of a firearm, or armed
10        violence with a category I weapon or category II
11        weapon, when the court has made and entered a finding,
12        pursuant to subsection (c-1) of Section 5-4-1 of this
13        Code, that the conduct leading to conviction for the
14        enumerated offense resulted in great bodily harm to a
15        victim, shall receive no more than 4.5 days of good
16        conduct credit for each month of his or her sentence of
17        imprisonment;
18            (iv) that a prisoner serving a sentence for
19        aggravated discharge of a firearm, whether or not the
20        conduct leading to conviction for the offense resulted
21        in great bodily harm to the victim, shall receive no
22        more than 4.5 days of good conduct credit for each
23        month of his or her sentence of imprisonment;
24            (v) that a person serving a sentence for
25        gunrunning, narcotics racketeering, controlled
26        substance trafficking, methamphetamine trafficking,

 

 

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

 

 

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1        4.5 days of good conduct credit for each month of his
2        or her sentence of imprisonment.
3        (2.1) For all offenses, other than those enumerated in
4    subdivision (a)(2)(i), (ii), or (iii) committed on or after
5    June 19, 1998 or subdivision (a)(2)(iv) committed on or
6    after June 23, 2005 (the effective date of Public Act
7    94-71) or subdivision (a)(2)(v) committed on or after
8    August 13, 2007 (the effective date of Public Act 95-134)
9    or subdivision (a)(2)(vi) committed on or after June 1,
10    2008 (the effective date of Public Act 95-625) or
11    subdivision (a)(2)(vii) committed on or after July 23, 2010
12    (the effective date of Public Act 96-1224), and other than
13    the offense of aggravated driving under the influence of
14    alcohol, other drug or drugs, or intoxicating compound or
15    compounds, or any combination thereof as defined in
16    subparagraph (F) of paragraph (1) of subsection (d) of
17    Section 11-501 of the Illinois Vehicle Code, and other than
18    the offense of aggravated driving under the influence of
19    alcohol, other drug or drugs, or intoxicating compound or
20    compounds, or any combination thereof as defined in
21    subparagraph (C) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code committed on or
23    after January 1, 2011 (the effective date of Public Act
24    96-1230), the rules and regulations shall provide that a
25    prisoner who is serving a term of imprisonment shall
26    receive one day of good conduct credit for each day of his

 

 

09700SB1338ham001- 25 -LRB097 07075 JDS 56541 a

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

 

 

09700SB1338ham001- 26 -LRB097 07075 JDS 56541 a

1    conduct credit for each month of his or her sentence of
2    imprisonment.
3        (2.5) The rules and regulations on early release shall
4    provide that a prisoner who is serving a sentence for
5    aggravated arson committed on or after July 27, 2001 (the
6    effective date of Public Act 92-176) shall receive no more
7    than 4.5 days of good conduct credit for each month of his
8    or her sentence of imprisonment.
9        (2.6) The rules and regulations on early release shall
10    provide that a prisoner who is serving a sentence for
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds or any
13    combination thereof as defined in subparagraph (C) of
14    paragraph (1) of subsection (d) of Section 11-501 of the
15    Illinois Vehicle Code committed on or after January 1, 2011
16    (the effective date of Public Act 96-1230) shall receive no
17    more than 4.5 days of good conduct credit for each month of
18    his or her sentence of imprisonment.
19        (3) The rules and regulations shall also provide that
20    the Director may award up to 180 days additional good
21    conduct credit for meritorious service in specific
22    instances as the Director deems proper; except that no more
23    than 90 days of good conduct credit for meritorious service
24    shall be awarded to any prisoner who is serving a sentence
25    for conviction of first degree murder, reckless homicide
26    while under the influence of alcohol or any other drug, or

 

 

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1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof as defined in subparagraph (F) of
4    paragraph (1) of subsection (d) of Section 11-501 of the
5    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
6    predatory criminal sexual assault of a child, aggravated
7    criminal sexual assault, criminal sexual assault, deviate
8    sexual assault, aggravated criminal sexual abuse,
9    aggravated indecent liberties with a child, indecent
10    liberties with a child, child pornography, heinous battery
11    as described in Section 12-4.1 or subdivision (a)(2) of
12    Section 12-3.05, aggravated battery of a spouse,
13    aggravated battery of a spouse with a firearm, stalking,
14    aggravated stalking, aggravated battery of a child as
15    described in Section 12-4.3 or subdivision (b)(1) of
16    Section 12-3.05, endangering the life or health of a child,
17    or cruelty to a child. Notwithstanding the foregoing, good
18    conduct credit for meritorious service shall not be awarded
19    on a sentence of imprisonment imposed for conviction of:
20    (i) one of the offenses enumerated in subdivision
21    (a)(2)(i), (ii), or (iii) when the offense is committed on
22    or after June 19, 1998 or subdivision (a)(2)(iv) when the
23    offense is committed on or after June 23, 2005 (the
24    effective date of Public Act 94-71) or subdivision
25    (a)(2)(v) when the offense is committed on or after August
26    13, 2007 (the effective date of Public Act 95-134) or

 

 

09700SB1338ham001- 28 -LRB097 07075 JDS 56541 a

1    subdivision (a)(2)(vi) when the offense is committed on or
2    after June 1, 2008 (the effective date of Public Act
3    95-625) or subdivision (a)(2)(vii) when the offense is
4    committed on or after July 23, 2010 (the effective date of
5    Public Act 96-1224), (ii) aggravated driving under the
6    influence of alcohol, other drug or drugs, or intoxicating
7    compound or compounds, or any combination thereof as
8    defined in subparagraph (F) of paragraph (1) of subsection
9    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
10    one of the offenses enumerated in subdivision (a)(2.4) when
11    the offense is committed on or after July 15, 1999 (the
12    effective date of Public Act 91-121), (iv) aggravated arson
13    when the offense is committed on or after July 27, 2001
14    (the effective date of Public Act 92-176), (v) offenses
15    that may subject the offender to commitment under the
16    Sexually Violent Persons Commitment Act, or (vi)
17    aggravated driving under the influence of alcohol, other
18    drug or drugs, or intoxicating compound or compounds or any
19    combination thereof as defined in subparagraph (C) of
20    paragraph (1) of subsection (d) of Section 11-501 of the
21    Illinois Vehicle Code committed on or after January 1, 2011
22    (the effective date of Public Act 96-1230).
23        The Director shall not award good conduct credit for
24    meritorious service under this paragraph (3) to an inmate
25    unless the inmate has served a minimum of 60 days of the
26    sentence; except nothing in this paragraph shall be

 

 

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1    construed to permit the Director to extend an inmate's
2    sentence beyond that which was imposed by the court. Prior
3    to awarding credit under this paragraph (3), the Director
4    shall make a written determination that the inmate:
5            (A) is eligible for good conduct credit for
6        meritorious service;
7            (B) has served a minimum of 60 days, or as close to
8        60 days as the sentence will allow; and
9            (C) has met the eligibility criteria established
10        by rule.
11        The Director shall determine the form and content of
12    the written determination required in this subsection.
13        (4) The rules and regulations shall also provide that
14    the good conduct credit accumulated and retained under
15    paragraph (2.1) of subsection (a) of this Section by any
16    inmate during specific periods of time in which such inmate
17    is engaged full-time in substance abuse programs,
18    correctional industry assignments, or educational programs
19    provided by the Department under this paragraph (4) and
20    satisfactorily completes the assigned program as
21    determined by the standards of the Department, shall be
22    multiplied by a factor of 1.25 for program participation
23    before August 11, 1993 and 1.50 for program participation
24    on or after that date. However, no inmate shall be eligible
25    for the additional good conduct credit under this paragraph
26    (4) or (4.1) of this subsection (a) while assigned to a

 

 

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1    boot camp or electronic detention, or if convicted of an
2    offense enumerated in subdivision (a)(2)(i), (ii), or
3    (iii) of this Section that is committed on or after June
4    19, 1998 or subdivision (a)(2)(iv) of this Section that is
5    committed on or after June 23, 2005 (the effective date of
6    Public Act 94-71) or subdivision (a)(2)(v) of this Section
7    that is committed on or after August 13, 2007 (the
8    effective date of Public Act 95-134) or subdivision
9    (a)(2)(vi) when the offense is committed on or after June
10    1, 2008 (the effective date of Public Act 95-625) or
11    subdivision (a)(2)(vii) when the offense is committed on or
12    after July 23, 2010 (the effective date of Public Act
13    96-1224), or if convicted of aggravated driving under the
14    influence of alcohol, other drug or drugs, or intoxicating
15    compound or compounds or any combination thereof as defined
16    in subparagraph (F) of paragraph (1) of subsection (d) of
17    Section 11-501 of the Illinois Vehicle Code, or if
18    convicted of aggravated driving under the influence of
19    alcohol, other drug or drugs, or intoxicating compound or
20    compounds or any combination thereof as defined in
21    subparagraph (C) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code committed on or
23    after January 1, 2011 (the effective date of Public Act
24    96-1230), or if convicted of an offense enumerated in
25    paragraph (a)(2.4) of this Section that is committed on or
26    after July 15, 1999 (the effective date of Public Act

 

 

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1    91-121), or first degree murder, a Class X felony, criminal
2    sexual assault, felony criminal sexual abuse, aggravated
3    criminal sexual abuse, aggravated battery with a firearm as
4    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
5    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
6    successor offenses with the same or substantially the same
7    elements, or any inchoate offenses relating to the
8    foregoing offenses. No inmate shall be eligible for the
9    additional good conduct credit under this paragraph (4) who
10    (i) has previously received increased good conduct credit
11    under this paragraph (4) and has subsequently been
12    convicted of a felony, or (ii) has previously served more
13    than one prior sentence of imprisonment for a felony in an
14    adult correctional facility.
15        Educational, vocational, substance abuse and
16    correctional industry programs under which good conduct
17    credit may be increased under this paragraph (4) and
18    paragraph (4.1) of this subsection (a) shall be evaluated
19    by the Department on the basis of documented standards. The
20    Department shall report the results of these evaluations to
21    the Governor and the General Assembly by September 30th of
22    each year. The reports shall include data relating to the
23    recidivism rate among program participants.
24        Availability of these programs shall be subject to the
25    limits of fiscal resources appropriated by the General
26    Assembly for these purposes. Eligible inmates who are

 

 

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1    denied immediate admission shall be placed on a waiting
2    list under criteria established by the Department. The
3    inability of any inmate to become engaged in any such
4    programs by reason of insufficient program resources or for
5    any other reason established under the rules and
6    regulations of the Department shall not be deemed a cause
7    of action under which the Department or any employee or
8    agent of the Department shall be liable for damages to the
9    inmate.
10        (4.1) The rules and regulations shall also provide that
11    an additional 60 days of good conduct credit shall be
12    awarded to any prisoner who passes the high school level
13    Test of General Educational Development (GED) while the
14    prisoner is incarcerated. The good conduct credit awarded
15    under this paragraph (4.1) shall be in addition to, and
16    shall not affect, the award of good conduct under any other
17    paragraph of this Section, but shall also be pursuant to
18    the guidelines and restrictions set forth in paragraph (4)
19    of subsection (a) of this Section. The good conduct credit
20    provided for in this paragraph shall be available only to
21    those prisoners who have not previously earned a high
22    school diploma or a GED. If, after an award of the GED good
23    conduct credit has been made and the Department determines
24    that the prisoner was not eligible, then the award shall be
25    revoked.
26        (4.5) The rules and regulations on early release shall

 

 

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

 

 

09700SB1338ham001- 34 -LRB097 07075 JDS 56541 a

1    discretion of the Director.
2        (4.6) The rules and regulations on early release shall
3    also provide that a prisoner who has been convicted of a
4    sex offense as defined in Section 2 of the Sex Offender
5    Registration Act shall receive no good conduct credit
6    unless he or she either has successfully completed or is
7    participating in sex offender treatment as defined by the
8    Sex Offender Management Board. However, prisoners who are
9    waiting to receive such treatment, but who are unable to do
10    so due solely to the lack of resources on the part of the
11    Department, may, at the Director's sole discretion, be
12    awarded good conduct credit at such rate as the Director
13    shall determine.
14        (5) Whenever the Department is to release any inmate
15    earlier than it otherwise would because of a grant of good
16    conduct credit for meritorious service given at any time
17    during the term, the Department shall give reasonable
18    notice of the impending release not less than 14 days prior
19    to the date of the release to the State's Attorney of the
20    county where the prosecution of the inmate took place, and
21    if applicable, the State's Attorney of the county into
22    which the inmate will be released. The Department must also
23    make identification information and a recent photo of the
24    inmate being released accessible on the Internet by means
25    of a hyperlink labeled "Community Notification of Inmate
26    Early Release" on the Department's World Wide Web homepage.

 

 

09700SB1338ham001- 35 -LRB097 07075 JDS 56541 a

1    The identification information shall include the inmate's:
2    name, any known alias, date of birth, physical
3    characteristics, residence address, commitment offense and
4    county where conviction was imposed. The identification
5    information shall be placed on the website within 3 days of
6    the inmate's release and the information may not be removed
7    until either: completion of the first year of mandatory
8    supervised release or return of the inmate to custody of
9    the Department.
10    (b) Whenever a person is or has been committed under
11several convictions, with separate sentences, the sentences
12shall be construed under Section 5-8-4 in granting and
13forfeiting of good time.
14    (c) The Department shall prescribe rules and regulations
15for revoking good conduct credit, or suspending or reducing the
16rate of accumulation of good conduct credit for specific rule
17violations, during imprisonment. These rules and regulations
18shall provide that no inmate may be penalized more than one
19year of good conduct credit for any one infraction.
20    When the Department seeks to revoke, suspend or reduce the
21rate of accumulation of any good conduct credits for an alleged
22infraction of its rules, it shall bring charges therefor
23against the prisoner sought to be so deprived of good conduct
24credits before the Prisoner Review Board as provided in
25subparagraph (a)(4) of Section 3-3-2 of this Code, if the
26amount of credit at issue exceeds 30 days or when during any 12

 

 

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1month period, the cumulative amount of credit revoked exceeds
230 days except where the infraction is committed or discovered
3within 60 days of scheduled release. In those cases, the
4Department of Corrections may revoke up to 30 days of good
5conduct credit. The Board may subsequently approve the
6revocation of additional good conduct credit, if the Department
7seeks to revoke good conduct credit in excess of 30 days.
8However, the Board shall not be empowered to review the
9Department's decision with respect to the loss of 30 days of
10good conduct credit within any calendar year for any prisoner
11or to increase any penalty beyond the length requested by the
12Department.
13    The Director of the Department of Corrections, in
14appropriate cases, may restore up to 30 days good conduct
15credits which have been revoked, suspended or reduced. Any
16restoration of good conduct credits in excess of 30 days shall
17be subject to review by the Prisoner Review Board. However, the
18Board may not restore good conduct credit in excess of the
19amount requested by the Director.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of good conduct credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of Corrections,

 

 

09700SB1338ham001- 37 -LRB097 07075 JDS 56541 a

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

 

 

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1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961,

 

 

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1earlier than it otherwise would because of a grant of good
2conduct credit, the Department, as a condition of such early
3release, shall require that the person, upon release, be placed
4under electronic surveillance as provided in Section 5-8A-7 of
5this Code.
6(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
795-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
895-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
97-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
10eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11.)".