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Full Text of SB1340  97th General Assembly

SB1340 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1340

 

Introduced 2/8/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Provides that an inmate is ineligible for the award of meritorious good conduct credit if the inmate was convicted of: (1) a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed on or after the effective date of the amendatory Act or (2) a second or subsequent violation of driving under the influence or aggravated driving under the influence of alcohol or any other drug or drugs, or intoxicating compound or compounds, or any combination thereof committed on or after the effective date of the amendatory Act. Effective immediately.


LRB097 07074 RLC 47167 b

 

 

A BILL FOR

 

SB1340LRB097 07074 RLC 47167 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and Regulations for Early Release.
8        (a) (1) The Department of Corrections shall prescribe
9    rules and regulations for the early release on account of
10    good conduct of persons committed to the Department which
11    shall be subject to review by the Prisoner Review Board.
12        (2) The rules and regulations on early release shall
13    provide, with respect to offenses listed in clause (i),
14    (ii), or (iii) of this paragraph (2) committed on or after
15    June 19, 1998 or with respect to the offense listed in
16    clause (iv) of this paragraph (2) committed on or after
17    June 23, 2005 (the effective date of Public Act 94-71) or
18    with respect to offense listed in clause (vi) committed on
19    or after June 1, 2008 (the effective date of Public Act
20    95-625) or with respect to the offense of being an armed
21    habitual criminal committed on or after August 2, 2005 (the
22    effective date of Public Act 94-398) or with respect to the
23    offenses listed in clause (v) of this paragraph (2)

 

 

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1    committed on or after August 13, 2007 (the effective date
2    of Public Act 95-134) or with respect to the offense of
3    aggravated domestic battery committed on or after July 23,
4    2010 (the effective date of Public Act 96-1224) this
5    amendatory Act of the 96th General Assembly, the following:
6            (i) that a prisoner who is serving a term of
7        imprisonment for first degree murder or for the offense
8        of terrorism shall receive no good conduct credit and
9        shall serve the entire sentence imposed by the court;
10            (ii) that a prisoner serving a sentence for attempt
11        to commit first degree murder, solicitation of murder,
12        solicitation of murder for hire, intentional homicide
13        of an unborn child, predatory criminal sexual assault
14        of a child, aggravated criminal sexual assault,
15        criminal sexual assault, aggravated kidnapping,
16        aggravated battery with a firearm, heinous battery,
17        being an armed habitual criminal, aggravated battery
18        of a senior citizen, or aggravated battery of a child
19        shall receive no more than 4.5 days of good conduct
20        credit for each month of his or her sentence of
21        imprisonment;
22            (iii) that a prisoner serving a sentence for home
23        invasion, armed robbery, aggravated vehicular
24        hijacking, aggravated discharge of a firearm, or armed
25        violence with a category I weapon or category II
26        weapon, when the court has made and entered a finding,

 

 

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

 

 

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1        delivery of methamphetamine, possession with intent to
2        deliver methamphetamine, aggravated delivery of
3        methamphetamine, aggravated possession with intent to
4        deliver methamphetamine, methamphetamine conspiracy
5        when the substance containing the controlled substance
6        or methamphetamine is 100 grams or more shall receive
7        no more than 7.5 days good conduct credit for each
8        month of his or her sentence of imprisonment;
9            (vi) that a prisoner serving a sentence for a
10        second or subsequent offense of luring a minor shall
11        receive no more than 4.5 days of good conduct credit
12        for each month of his or her sentence of imprisonment;
13        and
14            (vii) that a prisoner serving a sentence for
15        aggravated domestic battery shall receive no more than
16        4.5 days of good conduct credit for each month of his
17        or her sentence of imprisonment.
18        (2.1) For all offenses, other than those enumerated in
19    subdivision (a)(2)(i), (ii), or (iii) committed on or after
20    June 19, 1998 or subdivision (a)(2)(iv) committed on or
21    after June 23, 2005 (the effective date of Public Act
22    94-71) or subdivision (a)(2)(v) committed on or after
23    August 13, 2007 (the effective date of Public Act 95-134)
24    or subdivision (a)(2)(vi) committed on or after June 1,
25    2008 (the effective date of Public Act 95-625) or
26    subdivision (a)(2)(vii) committed on or after July 23, 2010

 

 

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1    (the effective date of Public Act 96-1224) this amendatory
2    Act of the 96th General Assembly, and other than the
3    offense of aggravated driving under the influence of
4    alcohol, other drug or drugs, or intoxicating compound or
5    compounds, or any combination thereof as defined in
6    subparagraph (F) of paragraph (1) of subsection (d) of
7    Section 11-501 of the Illinois Vehicle Code, and other than
8    the offense of aggravated driving under the influence of
9    alcohol, other drug or drugs, or intoxicating compound or
10    compounds, or any combination thereof as defined in
11    subparagraph (C) of paragraph (1) of subsection (d) of
12    Section 11-501 of the Illinois Vehicle Code committed on or
13    after January 1, 2011 (the effective date of Public Act
14    96-1230) this amendatory Act of the 96th General Assembly,
15    the rules and regulations shall provide that a prisoner who
16    is serving a term of imprisonment shall receive one day of
17    good conduct credit for each day of his or her sentence of
18    imprisonment or recommitment under Section 3-3-9. Each day
19    of good conduct credit shall reduce by one day the
20    prisoner's period of imprisonment or recommitment under
21    Section 3-3-9.
22        (2.2) A prisoner serving a term of natural life
23    imprisonment or a prisoner who has been sentenced to death
24    shall receive no good conduct credit.
25        (2.3) The rules and regulations on early release shall
26    provide that a prisoner who is serving a sentence for

 

 

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1    aggravated 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, shall receive no more than 4.5 days
6    of good conduct credit for each month of his or her
7    sentence of imprisonment.
8        (2.4) The rules and regulations on early release shall
9    provide with respect to the offenses of aggravated battery
10    with a machine gun or a firearm equipped with any device or
11    attachment designed or used for silencing the report of a
12    firearm or aggravated discharge of a machine gun or a
13    firearm equipped with any device or attachment designed or
14    used for silencing the report of a firearm, committed on or
15    after July 15, 1999 (the effective date of Public Act
16    91-121), that a prisoner serving a sentence for any of
17    these offenses shall receive no more than 4.5 days of good
18    conduct credit for each month of his or her sentence of
19    imprisonment.
20        (2.5) The rules and regulations on early release shall
21    provide that a prisoner who is serving a sentence for
22    aggravated arson committed on or after July 27, 2001 (the
23    effective date of Public Act 92-176) shall receive no more
24    than 4.5 days of good conduct credit for each month of his
25    or her sentence of imprisonment.
26        (2.6) The rules and regulations on early release shall

 

 

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

 

 

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1    aggravated indecent liberties with a child, indecent
2    liberties with a child, child pornography, heinous
3    battery, aggravated battery of a spouse, aggravated
4    battery of a spouse with a firearm, stalking, aggravated
5    stalking, aggravated battery of a child, endangering the
6    life or health of a child, or cruelty to a child.
7    Notwithstanding the foregoing, good conduct credit for
8    meritorious service shall not be awarded on a sentence of
9    imprisonment imposed for conviction of: (i) one of the
10    offenses enumerated in subdivision (a)(2)(i), (ii), or
11    (iii) when the offense is committed on or after June 19,
12    1998 or subdivision (a)(2)(iv) when the offense is
13    committed on or after June 23, 2005 (the effective date of
14    Public Act 94-71) or subdivision (a)(2)(v) when the offense
15    is committed on or after August 13, 2007 (the effective
16    date of Public Act 95-134) or subdivision (a)(2)(vi) when
17    the offense is committed on or after June 1, 2008 (the
18    effective date of Public Act 95-625) or subdivision
19    (a)(2)(vii) when the offense is committed on or after July
20    23, 2010 (the effective date of Public Act 96-1224) this
21    amendatory Act of the 96th General Assembly, (ii)
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, (iii) one of the offenses enumerated

 

 

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1    in subdivision (a)(2.4) when the offense is committed on or
2    after July 15, 1999 (the effective date of Public Act
3    91-121), (iv) aggravated arson when the offense is
4    committed on or after July 27, 2001 (the effective date of
5    Public Act 92-176), or (v) offenses that may subject the
6    offender to commitment under the Sexually Violent Persons
7    Commitment Act, or (vi) (v) aggravated driving under the
8    influence of alcohol, other drug or drugs, or intoxicating
9    compound or compounds, or any combination thereof as
10    defined in subparagraph (C) of paragraph (1) of subsection
11    (d) of Section 11-501 of the Illinois Vehicle Code
12    committed on or after January 1, 2011 (the effective date
13    of Public Act 96-1230), (vii) a violent crime as defined in
14    Section 3 of the Rights of Crime Victims and Witnesses Act
15    committed on or after the effective date of this amendatory
16    Act of the 97th General Assembly, or (viii) a second or
17    subsequent violation of driving under the influence or
18    aggravated driving under the influence of alcohol or any
19    other drug or drugs, or intoxicating compound or compounds,
20    or any combination thereof as defined in Section 11-501 of
21    the Illinois Vehicle Code committed on or after the
22    effective date of this amendatory Act of the 97th General
23    Assembly this amendatory Act of the 96th 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

 

 

SB1340- 17 -LRB097 07074 RLC 47167 b

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.

 

 

SB1340- 18 -LRB097 07074 RLC 47167 b

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    Section 99. Effective date. This Act takes effect upon
14becoming law.