97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2538

 

Introduced 11/29/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 1961. Provides that a person who brings, without authorization, cellular communications equipment within the secure perimeter of any penal institution is deemed to have given his or her consent to the governing authority of the penal institution using available technology to prevent that cellular communications equipment from sending or receiving telephone calls or other forms of electronic communication. Provides that notice of this provision shall be posted at all public entry gates of the penal institution. Provides that the governing authority of the penal institution shall not access data or communications that have been captured using available technology from unauthorized use of the cellular communications equipment except after obtaining a valid search warrant. Establishes civil penalties for violation. Amends the Unified Code of Corrections. Provides that any inmate who is found to be in possession of cellular communications equipment in violation of the Criminal Code of 1961 shall be subject to good conduct credit denial or loss of up to 90 days if confined to a Department of Corrections facility. Amends the County Jail Good Behavior Allowance Act. Provides that if an inmate brings into or possesses contraband in the penal institution that is cellular communications equipment, the warden may revoke up to 90 days of the inmate's good behavior allowance. Makes other changes.


LRB097 14728 RLC 59728 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2538LRB097 14728 RLC 59728 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 Criminal Code of 1961 is amended by changing
5Section 31A-1.1 as follows:
 
6    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
7    Sec. 31A-1.1. Bringing Contraband into a Penal
8Institution; Possessing Contraband in a Penal Institution.
9    (a) A person commits the offense of bringing contraband
10into a penal institution when he knowingly and without
11authority of any person designated or authorized to grant such
12authority (1) brings an item of contraband into a penal
13institution or (2) causes another to bring an item of
14contraband into a penal institution or (3) places an item of
15contraband in such proximity to a penal institution as to give
16an inmate access to the contraband.
17    (b) A person commits the offense of possessing contraband
18in a penal institution when he possesses contraband in a penal
19institution, regardless of the intent with which he possesses
20it.
21    (c) For the purposes of this Section, the words and phrases
22listed below shall be defined as follows:
23        (1) "Penal institution" means any penitentiary, State

 

 

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1    farm, reformatory, prison, jail, house of correction,
2    police detention area, half-way house or other institution
3    or place for the incarceration or custody of persons under
4    sentence for offenses awaiting trial or sentence for
5    offenses, under arrest for an offense, a violation of
6    probation, a violation of parole, or a violation of
7    mandatory supervised release, or awaiting a bail setting
8    hearing or preliminary hearing; provided that where the
9    place for incarceration or custody is housed within another
10    public building this Act shall not apply to that part of
11    such building unrelated to the incarceration or custody of
12    persons.
13        (2) "Item of contraband" means any of the following:
14            (i) "Alcoholic liquor" as such term is defined in
15        Section 1-3.05 of the Liquor Control Act of 1934.
16            (ii) "Cannabis" as such term is defined in
17        subsection (a) of Section 3 of the Cannabis Control
18        Act.
19            (iii) "Controlled substance" as such term is
20        defined in the Illinois Controlled Substances Act.
21            (iii-a) "Methamphetamine" as such term is defined
22        in the Illinois Controlled Substances Act or the
23        Methamphetamine Control and Community Protection Act.
24            (iv) "Hypodermic syringe" or hypodermic needle, or
25        any instrument adapted for use of controlled
26        substances or cannabis by subcutaneous injection.

 

 

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1            (v) "Weapon" means any knife, dagger, dirk, billy,
2        razor, stiletto, broken bottle, or other piece of glass
3        which could be used as a dangerous weapon. Such term
4        includes any of the devices or implements designated in
5        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
6        of this Act, or any other dangerous weapon or
7        instrument of like character.
8            (vi) "Firearm" means any device, by whatever name
9        known, which is designed to expel a projectile or
10        projectiles by the action of an explosion, expansion of
11        gas or escape of gas, including but not limited to:
12                (A) any pneumatic gun, spring gun, or B-B gun
13            which expels a single globular projectile not
14            exceeding .18 inch in diameter, or;
15                (B) any device used exclusively for signaling
16            or safety and required as recommended by the United
17            States Coast Guard or the Interstate Commerce
18            Commission; or
19                (C) any device used exclusively for the firing
20            of stud cartridges, explosive rivets or industrial
21            ammunition; or
22                (D) any device which is powered by electrical
23            charging units, such as batteries, and which fires
24            one or several barbs attached to a length of wire
25            and which, upon hitting a human, can send out
26            current capable of disrupting the person's nervous

 

 

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1            system in such a manner as to render him incapable
2            of normal functioning, commonly referred to as a
3            stun gun or taser.
4            (vii) "Firearm ammunition" means any
5        self-contained cartridge or shotgun shell, by whatever
6        name known, which is designed to be used or adaptable
7        to use in a firearm, including but not limited to:
8                (A) any ammunition exclusively designed for
9            use with a device used exclusively for signaling or
10            safety and required or recommended by the United
11            States Coast Guard or the Interstate Commerce
12            Commission; or
13                (B) any ammunition designed exclusively for
14            use with a stud or rivet driver or other similar
15            industrial ammunition.
16            (viii) "Explosive" means, but is not limited to,
17        bomb, bombshell, grenade, bottle or other container
18        containing an explosive substance of over one-quarter
19        ounce for like purposes such as black powder bombs and
20        Molotov cocktails or artillery projectiles.
21            (ix) "Tool to defeat security mechanisms" means,
22        but is not limited to, handcuff or security restraint
23        key, tool designed to pick locks, popper, or any device
24        or instrument used to or capable of unlocking or
25        preventing from locking any handcuff or security
26        restraints, doors to cells, rooms, gates or other areas

 

 

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1        of the penal institution.
2            (x) "Cutting tool" means, but is not limited to,
3        hacksaw blade, wirecutter, or device, instrument or
4        file capable of cutting through metal.
5            (xi) "Electronic contraband" means, but is not
6        limited to, any electronic, video recording device,
7        computer, or cellular communications equipment,
8        including, but not limited to, cellular telephones,
9        cellular telephone batteries, videotape recorders,
10        pagers, computers, and computer peripheral equipment
11        brought into or possessed in a penal institution
12        without the written authorization of the Chief
13        Administrative Officer.
14    (d) Bringing alcoholic liquor into a penal institution is a
15Class 4 felony. Possessing alcoholic liquor in a penal
16institution is a Class 4 felony.
17    (e) Bringing cannabis into a penal institution is a Class 3
18felony. Possessing cannabis in a penal institution is a Class 3
19felony.
20    (f) Bringing any amount of a controlled substance
21classified in Schedules III, IV or V of Article II of the
22Controlled Substance Act into a penal institution is a Class 2
23felony. Possessing any amount of a controlled substance
24classified in Schedule III, IV, or V of Article II of the
25Controlled Substance Act in a penal institution is a Class 2
26felony.

 

 

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1    (g) Bringing any amount of a controlled substance
2classified in Schedules I or II of Article II of the Controlled
3Substance Act into a penal institution is a Class 1 felony.
4Possessing any amount of a controlled substance classified in
5Schedules I or II of Article II of the Controlled Substance Act
6in a penal institution is a Class 1 felony.
7    (h) Bringing an item of contraband listed in paragraph (iv)
8of subsection (c)(2) into a penal institution is a Class 1
9felony. Possessing an item of contraband listed in paragraph
10(iv) of subsection (c)(2) in a penal institution is a Class 1
11felony.
12    (i) Bringing an item of contraband listed in paragraph (v),
13(ix), (x), or (xi) of subsection (c)(2) into a penal
14institution is a Class 1 felony. Possessing an item of
15contraband listed in paragraph (v), (ix), (x), or (xi) of
16subsection (c)(2) in a penal institution is a Class 1 felony.
17    (j) Bringing an item of contraband listed in paragraphs
18(vi), (vii) or (viii) of subsection (c)(2) in a penal
19institution is a Class X felony. Possessing an item of
20contraband listed in paragraphs (vi), (vii), or (viii) of
21subsection (c)(2) in a penal institution is a Class X felony.
22    (k) It shall be an affirmative defense to subsection (b)
23hereof, that such possession was specifically authorized by
24rule, regulation, or directive of the governing authority of
25the penal institution or order issued pursuant thereto.
26    (l) It shall be an affirmative defense to subsection (a)(1)

 

 

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1and subsection (b) hereof that the person bringing into or
2possessing contraband in a penal institution had been arrested,
3and that that person possessed such contraband at the time of
4his arrest, and that such contraband was brought into or
5possessed in the penal institution by that person as a direct
6and immediate result of his arrest.
7    (m) Items confiscated may be retained for use by the
8Department of Corrections or disposed of as deemed appropriate
9by the Chief Administrative Officer in accordance with
10Department rules or disposed of as required by law.
11    (n)(1) If a person visiting an inmate in a penal
12institution, upon being searched or subjected to a metal
13detector, is found to be in possession of cellular
14communications equipment, that equipment shall be subject to
15confiscation but shall be returned on the same day the person
16visits the inmate, unless the cellular communications
17equipment is held as evidence in a case where the person is
18cited for a violation of subsection (i).
19    (2) If, upon investigation, it is determined that no
20prosecution will take place, the cellular communications
21equipment shall be returned to the owner at the owner's
22expense.
23    (3) Notice of the provisions of paragraphs (1) and (2) of
24this subsection (n) shall be posted in all areas where visitors
25are searched prior to visitation with an inmate in the custody
26of the penal institution.

 

 

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1    (4) A person who brings, without authorization, cellular
2communications equipment within the secure perimeter of any
3penal institution is deemed to have given his or her consent to
4the governing authority of the penal institution using
5available technology to prevent that cellular communications
6equipment from sending or receiving telephone calls or other
7forms of electronic communication. Notice of the provisions of
8this paragraph (4) shall be posted at all public entry gates of
9the penal institution.
10    (5) The governing authority of the penal institution shall
11not access data or communications that have been captured using
12available technology from unauthorized use of the cellular
13communications equipment except after obtaining a valid search
14warrant.
15    (6) The governing authority of the penal institution shall
16not capture data or communications from authorized cellular
17communications equipment, except as provided by law.
18    (7) The governing authority of the penal institution shall
19not access data or communications that have been captured using
20available technology from authorized cellular communications
21equipment, except as provided by law.
22    (8) If the available technology to prevent cellular
23communications equipment from sending and receiving telephone
24calls or other forms of electronic communication extends beyond
25the secure perimeter of the penal institution, the governing
26authority of the penal institution shall take all reasonable

 

 

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1actions to correct the problem.
2    (9) Any contractor or employee of a contractor or the
3governing authority of the penal institution who knowingly and
4willfully, without authorization, obtains, discloses, or uses
5confidential information in violation of this subsection (n)
6shall be subject to an administrative fine or civil penalty not
7to exceed $5,000 for a first violation, $10,000 for a second
8violation, and $25,000 for a third or subsequent violation.
9    (10) Nothing in this subsection (n) prohibits the governing
10authority of the penal institution from obtaining electronic
11communications that the governing authority of the penal
12institution could have lawfully obtained prior to the effective
13date of this amendatory Act of the 97th General Assembly.
14(Source: P.A. 96-1112, eff. 1-1-11.)
 
15    Section 10. The Unified Code of Corrections is amended by
16changing Section 3-6-3 as follows:
 
17    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
18    Sec. 3-6-3. Rules and Regulations for Early Release.
19        (a) (1) The Department of Corrections shall prescribe
20    rules and regulations for the early release on account of
21    good conduct of persons committed to the Department which
22    shall be subject to review by the Prisoner Review Board.
23        (2) The rules and regulations on early release shall
24    provide, with respect to offenses listed in clause (i),

 

 

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

 

 

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

 

 

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

 

 

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1        receive no more than 4.5 days of good conduct credit
2        for each month of his or her sentence of imprisonment;
3        and
4            (vii) that a prisoner serving a sentence for
5        aggravated domestic battery shall receive no more than
6        4.5 days of good conduct credit for each month of his
7        or her sentence of imprisonment.
8        (2.1) For all offenses, other than those enumerated in
9    subdivision (a)(2)(i), (ii), or (iii) committed on or after
10    June 19, 1998 or subdivision (a)(2)(iv) committed on or
11    after June 23, 2005 (the effective date of Public Act
12    94-71) or subdivision (a)(2)(v) committed on or after
13    August 13, 2007 (the effective date of Public Act 95-134)
14    or subdivision (a)(2)(vi) committed on or after June 1,
15    2008 (the effective date of Public Act 95-625) or
16    subdivision (a)(2)(vii) committed on or after July 23, 2010
17    (the effective date of Public Act 96-1224), 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 (F) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code, and other than
23    the offense of aggravated driving under the influence of
24    alcohol, other drug or drugs, or intoxicating compound or
25    compounds, or any combination thereof as defined in
26    subparagraph (C) of paragraph (1) of subsection (d) of

 

 

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

 

 

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1    firearm equipped with any device or attachment designed or
2    used for silencing the report of a firearm, committed on or
3    after July 15, 1999 (the effective date of Public Act
4    91-121), that a prisoner serving a sentence for any of
5    these offenses shall receive no more than 4.5 days of good
6    conduct credit for each month of his or her sentence of
7    imprisonment.
8        (2.5) The rules and regulations on early release shall
9    provide that a prisoner who is serving a sentence for
10    aggravated arson committed on or after July 27, 2001 (the
11    effective date of Public Act 92-176) shall receive no more
12    than 4.5 days of good conduct credit for each month of his
13    or her sentence of imprisonment.
14        (2.6) The rules and regulations on early release shall
15    provide that a prisoner who is serving a sentence for
16    aggravated driving under the influence of alcohol, other
17    drug or drugs, or intoxicating compound or compounds or any
18    combination thereof as defined in subparagraph (C) of
19    paragraph (1) of subsection (d) of Section 11-501 of the
20    Illinois Vehicle Code committed on or after January 1, 2011
21    (the effective date of Public Act 96-1230) shall receive no
22    more than 4.5 days of good conduct credit for each month of
23    his or her sentence of imprisonment.
24        (3) The rules and regulations shall also provide that
25    the Director may award up to 180 days additional good
26    conduct credit for meritorious service in specific

 

 

SB2538- 16 -LRB097 14728 RLC 59728 b

1    instances as the Director deems proper; except that no more
2    than 90 days of good conduct credit for meritorious service
3    shall be awarded to any prisoner who is serving a sentence
4    for conviction of first degree murder, reckless homicide
5    while under the influence of alcohol or any other drug, or
6    aggravated driving under the influence of alcohol, other
7    drug or drugs, or intoxicating compound or compounds, or
8    any combination thereof as defined in subparagraph (F) of
9    paragraph (1) of subsection (d) of Section 11-501 of the
10    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
11    predatory criminal sexual assault of a child, aggravated
12    criminal sexual assault, criminal sexual assault, deviate
13    sexual assault, aggravated criminal sexual abuse,
14    aggravated indecent liberties with a child, indecent
15    liberties with a child, child pornography, heinous battery
16    as described in Section 12-4.1 or subdivision (a)(2) of
17    Section 12-3.05, aggravated battery of a spouse,
18    aggravated battery of a spouse with a firearm, stalking,
19    aggravated stalking, aggravated battery of a child as
20    described in Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05, endangering the life or health of a child,
22    or cruelty to a child. Notwithstanding the foregoing, good
23    conduct credit for meritorious service shall not be awarded
24    on a sentence of imprisonment imposed for conviction of:
25    (i) one of the offenses enumerated in subdivision
26    (a)(2)(i), (ii), or (iii) when the offense is committed on

 

 

SB2538- 17 -LRB097 14728 RLC 59728 b

1    or after June 19, 1998 or subdivision (a)(2)(iv) when the
2    offense is committed on or after June 23, 2005 (the
3    effective date of Public Act 94-71) or subdivision
4    (a)(2)(v) when the offense is committed on or after August
5    13, 2007 (the effective date of Public Act 95-134) or
6    subdivision (a)(2)(vi) when the offense is committed on or
7    after June 1, 2008 (the effective date of Public Act
8    95-625) or subdivision (a)(2)(vii) when the offense is
9    committed on or after July 23, 2010 (the effective date of
10    Public Act 96-1224), (ii) aggravated driving under the
11    influence of alcohol, other drug or drugs, or intoxicating
12    compound or compounds, or any combination thereof as
13    defined in subparagraph (F) of paragraph (1) of subsection
14    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
15    one of the offenses enumerated in subdivision (a)(2.4) when
16    the offense is committed on or after July 15, 1999 (the
17    effective date of Public Act 91-121), (iv) aggravated arson
18    when the offense is committed on or after July 27, 2001
19    (the effective date of Public Act 92-176), (v) offenses
20    that may subject the offender to commitment under the
21    Sexually Violent Persons Commitment Act, or (vi)
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds or any
24    combination thereof as defined in subparagraph (C) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code committed on or after January 1, 2011

 

 

SB2538- 18 -LRB097 14728 RLC 59728 b

1    (the effective date of Public Act 96-1230).
2        The Director shall not award good conduct credit for
3    meritorious service under this paragraph (3) to an inmate
4    unless the inmate has served a minimum of 60 days of the
5    sentence; except nothing in this paragraph shall be
6    construed to permit the Director to extend an inmate's
7    sentence beyond that which was imposed by the court. Prior
8    to awarding credit under this paragraph (3), the Director
9    shall make a written determination that the inmate:
10            (A) is eligible for good conduct credit for
11        meritorious service;
12            (B) has served a minimum of 60 days, or as close to
13        60 days as the sentence will allow; and
14            (C) has met the eligibility criteria established
15        by rule.
16        The Director shall determine the form and content of
17    the written determination required in this subsection.
18        (4) The rules and regulations shall also provide that
19    the good conduct credit accumulated and retained under
20    paragraph (2.1) of subsection (a) of this Section by any
21    inmate during specific periods of time in which such inmate
22    is engaged full-time in substance abuse programs,
23    correctional industry assignments, or educational programs
24    provided by the Department under this paragraph (4) and
25    satisfactorily completes the assigned program as
26    determined by the standards of the Department, shall be

 

 

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1    multiplied by a factor of 1.25 for program participation
2    before August 11, 1993 and 1.50 for program participation
3    on or after that date. However, no inmate shall be eligible
4    for the additional good conduct credit under this paragraph
5    (4) or (4.1) of this subsection (a) while assigned to a
6    boot camp or electronic detention, or if convicted of an
7    offense enumerated in subdivision (a)(2)(i), (ii), or
8    (iii) of this Section that is committed on or after June
9    19, 1998 or subdivision (a)(2)(iv) of this Section that is
10    committed on or after June 23, 2005 (the effective date of
11    Public Act 94-71) or subdivision (a)(2)(v) of this Section
12    that is committed on or after August 13, 2007 (the
13    effective date of Public Act 95-134) or subdivision
14    (a)(2)(vi) when the offense is committed on or after June
15    1, 2008 (the effective date of Public Act 95-625) or
16    subdivision (a)(2)(vii) when the offense is committed on or
17    after July 23, 2010 (the effective date of Public Act
18    96-1224), or if convicted of aggravated driving under the
19    influence of alcohol, other drug or drugs, or intoxicating
20    compound or compounds or any combination thereof as defined
21    in subparagraph (F) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code, or if
23    convicted of aggravated driving under the influence of
24    alcohol, other drug or drugs, or intoxicating compound or
25    compounds or any combination thereof as defined in
26    subparagraph (C) of paragraph (1) of subsection (d) of

 

 

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1    Section 11-501 of the Illinois Vehicle Code committed on or
2    after January 1, 2011 (the effective date of Public Act
3    96-1230), or if convicted of an offense enumerated in
4    paragraph (a)(2.4) of this Section that is committed on or
5    after July 15, 1999 (the effective date of Public Act
6    91-121), or first degree murder, a Class X felony, criminal
7    sexual assault, felony criminal sexual abuse, aggravated
8    criminal sexual abuse, aggravated battery with a firearm as
9    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
10    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
11    successor offenses with the same or substantially the same
12    elements, or any inchoate offenses relating to the
13    foregoing offenses. No inmate shall be eligible for the
14    additional good conduct credit under this paragraph (4) who
15    (i) has previously received increased good conduct credit
16    under this paragraph (4) and has subsequently been
17    convicted of a felony, or (ii) has previously served more
18    than one prior sentence of imprisonment for a felony in an
19    adult correctional facility.
20        Educational, vocational, substance abuse and
21    correctional industry programs under which good conduct
22    credit may be increased under this paragraph (4) and
23    paragraph (4.1) of this subsection (a) shall be evaluated
24    by the Department on the basis of documented standards. The
25    Department shall report the results of these evaluations to
26    the Governor and the General Assembly by September 30th of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1infraction of its rules, it shall bring charges therefor
2against the prisoner sought to be so deprived of good conduct
3credits before the Prisoner Review Board as provided in
4subparagraph (a)(4) of Section 3-3-2 of this Code, if the
5amount of credit at issue exceeds 30 days or when during any 12
6month period, the cumulative amount of credit revoked exceeds
730 days except where the infraction is committed or discovered
8within 60 days of scheduled release. In those cases, the
9Department of Corrections may revoke up to 30 days of good
10conduct credit. The Board may subsequently approve the
11revocation of additional good conduct credit, if the Department
12seeks to revoke good conduct credit in excess of 30 days.
13However, the Board shall not be empowered to review the
14Department's decision with respect to the loss of 30 days of
15good conduct credit within any calendar year for any prisoner
16or to increase any penalty beyond the length requested by the
17Department.
18    The Director of the Department of Corrections, in
19appropriate cases, may restore up to 30 days good conduct
20credits which have been revoked, suspended or reduced. Any
21restoration of good conduct credits in excess of 30 days shall
22be subject to review by the Prisoner Review Board. However, the
23Board may not restore good conduct credit in excess of the
24amount requested by the Director.
25    Nothing contained in this Section shall prohibit the
26Prisoner Review Board from ordering, pursuant to Section

 

 

SB2538- 26 -LRB097 14728 RLC 59728 b

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

 

 

SB2538- 27 -LRB097 14728 RLC 59728 b

1        needless increase in the cost of litigation;
2            (C) the claims, defenses, and other legal
3        contentions therein are not warranted by existing law
4        or by a nonfrivolous argument for the extension,
5        modification, or reversal of existing law or the
6        establishment of new law;
7            (D) the allegations and other factual contentions
8        do not have evidentiary support or, if specifically so
9        identified, are not likely to have evidentiary support
10        after a reasonable opportunity for further
11        investigation or discovery; or
12            (E) the denials of factual contentions are not
13        warranted on the evidence, or if specifically so
14        identified, are not reasonably based on a lack of
15        information or belief.
16        (2) "Lawsuit" means a motion pursuant to Section 116-3
17    of the Code of Criminal Procedure of 1963, a habeas corpus
18    action under Article X of the Code of Civil Procedure or
19    under federal law (28 U.S.C. 2254), a petition for claim
20    under the Court of Claims Act, an action under the federal
21    Civil Rights Act (42 U.S.C. 1983), or a second or
22    subsequent petition for post-conviction relief under
23    Article 122 of the Code of Criminal Procedure of 1963
24    whether filed with or without leave of court or a second or
25    subsequent petition for relief from judgment under Section
26    2-1401 of the Code of Civil Procedure.

 

 

SB2538- 28 -LRB097 14728 RLC 59728 b

1    (e) Nothing in Public Act 90-592 or 90-593 affects the
2validity of Public Act 89-404.
3    (f) Whenever the Department is to release any inmate who
4has been convicted of a violation of an order of protection
5under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
6earlier than it otherwise would because of a grant of good
7conduct credit, the Department, as a condition of such early
8release, shall require that the person, upon release, be placed
9under electronic surveillance as provided in Section 5-8A-7 of
10this Code.
11    (g) Any inmate who is found to be in possession of cellular
12communications equipment in violation of Section 31A-1.1 of the
13Criminal Code of 1961 shall be subject to good conduct credit
14denial or loss of up to 90 days if confined to a Department of
15Corrections facility.
16(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
1795-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
1895-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
197-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
20eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11;
2197-333, eff. 8-12-11.)
 
22    Section 15. The County Jail Good Behavior Allowance Act is
23amended by changing Section 3.1 as follows:
 
24    (730 ILCS 130/3.1)  (from Ch. 75, par. 32.1)

 

 

SB2538- 29 -LRB097 14728 RLC 59728 b

1    Sec. 3.1. (a) Within 3 months after the effective date of
2this amendatory Act of 1986, the wardens who supervise
3institutions under this Act shall meet and agree upon uniform
4rules and regulations for behavior and conduct, penalties, and
5the awarding, denying and revocation of good behavior
6allowance, in such institutions; and such rules and regulations
7shall be immediately promulgated and consistent with the
8provisions of this Act. Interim rules shall be provided by each
9warden consistent with the provision of this Act and shall be
10effective until the promulgation of uniform rules. All
11disciplinary action shall be consistent with the provisions of
12this Act. Committed persons shall be informed of rules of
13behavior and conduct, the penalties for violation thereof, and
14the disciplinary procedure by which such penalties may be
15imposed. Any rules, penalties and procedures shall be posted
16and made available to the committed persons.
17    (b) Whenever a person is alleged to have violated a rule of
18behavior, a written report of the infraction shall be filed
19with the warden within 72 hours of the occurrence of the
20infraction or the discovery of it, and such report shall be
21placed in the file of the institution or facility. No
22disciplinary proceeding shall be commenced more than 8 days
23after the infraction or the discovery of it, unless the
24committed person is unable or unavailable for any reason to
25participate in the disciplinary proceeding.
26    (c) All or any of the good behavior allowance earned may be

 

 

SB2538- 30 -LRB097 14728 RLC 59728 b

1revoked by the warden, unless he initiates the charge, and in
2that case by the disciplinary board, for violations of rules of
3behavior at any time prior to discharge from the institution,
4consistent with the provisions of this Act.
5    (d) In disciplinary cases that may involve the loss of good
6behavior allowance or eligibility to earn good behavior
7allowance, the warden shall establish disciplinary procedures
8consistent with the following principles:
9        (1) The warden may establish one or more disciplinary
10    boards, made up of one or more persons, to hear and
11    determine charges. Any person who initiates a disciplinary
12    charge against a committed person shall not serve on the
13    disciplinary board that will determine the disposition of
14    the charge. In those cases in which the charge was
15    initiated by the warden, he shall establish a disciplinary
16    board which will have the authority to impose any
17    appropriate discipline.
18        (2) Any committed person charged with a violation of
19    rules of behavior shall be given notice of the charge,
20    including a statement of the misconduct alleged and of the
21    rules this conduct is alleged to violate, no less than 24
22    hours before the disciplinary hearing.
23        (3) Any committed person charged with a violation of
24    rules is entitled to a hearing on that charge, at which
25    time he shall have an opportunity to appear before and
26    address the warden or disciplinary board deciding the

 

 

SB2538- 31 -LRB097 14728 RLC 59728 b

1    charge.
2        (4) The person or persons determining the disposition
3    of the charge may also summon to testify any witnesses or
4    other persons with relevant knowledge of the incident. The
5    person charged may be permitted to question any person so
6    summoned.
7        (5) If the charge is sustained, the person charged is
8    entitled to a written statement, within 14 days after the
9    hearing, of the decision by the warden or the disciplinary
10    board which determined the disposition of the charge, and
11    the statement shall include the basis for the decision and
12    the disciplinary action, if any, to be imposed.
13        (6) The warden may impose the discipline recommended by
14    the disciplinary board, or may reduce the discipline
15    recommended; however, no committed person may be penalized
16    more than 30 days of good behavior allowance for any one
17    infraction.
18        (7) The warden, in appropriate cases, may restore good
19    behavior allowance that has been revoked, suspended or
20    reduced.
21    (e) The warden, or his or her designee, may revoke the good
22behavior allowance specified in Section 3 of this Act of an
23inmate who is sentenced to the Illinois Department of
24Corrections for misconduct committed by the inmate while in
25custody of the warden. If an inmate while in custody of the
26warden is convicted of assault or battery on a peace officer,

 

 

SB2538- 32 -LRB097 14728 RLC 59728 b

1correctional employee, or another inmate, or for criminal
2damage to property or for bringing into or possessing
3contraband in the penal institution in violation of Section
431A-1.1 of the Criminal Code of 1961, his or her day for day
5good behavior allowance shall be revoked for each day such
6allowance was earned while the inmate was in custody of the
7warden. If an inmate brings into or possesses contraband in the
8penal institution that is cellular communications equipment,
9the warden may revoke up to 90 days of the inmate's good
10behavior allowance.
11(Source: P.A. 96-495, eff. 1-1-10.)

 

 

SB2538- 33 -LRB097 14728 RLC 59728 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/31A-1.1from Ch. 38, par. 31A-1.1
4    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
5    730 ILCS 130/3.1from Ch. 75, par. 32.1