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Full Text of SB1561  97th General Assembly

SB1561 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1561

 

Introduced 2/9/2011, 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. Defines "meritorious service" in regards to the Director of Corrections' authority to award additional good conduct credit for meritorious service in specific instances. Effective immediately.


LRB097 07080 RLC 47173 b

 

 

A BILL FOR

 

SB1561LRB097 07080 RLC 47173 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) this amendatory Act of the 96th
14    General Assembly.
15        The Director shall not award good conduct credit for
16    meritorious service under this paragraph (3) to an inmate
17    unless the inmate has served a minimum of 60 days of the
18    sentence; except nothing in this paragraph shall be
19    construed to permit the Director to extend an inmate's
20    sentence beyond that which was imposed by the court. Prior
21    to awarding credit under this paragraph (3), the Director
22    shall make a written determination that the inmate:
23            (A) is eligible for good conduct credit for
24        meritorious service;
25            (B) has served a minimum of 60 days, or as close to
26        60 days as the sentence will allow; and

 

 

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1            (C) has met the eligibility criteria established
2        by rule.
3        The Director shall determine the form and content of
4    the written determination required in this subsection.
5        For the purposes of this paragraph (3), "meritorious
6    service" means service or conduct by the committed person
7    while in the custody of the Department of Corrections,
8    including but not limited to:
9            (A) The committed person took beneficial action
10        in:
11                (1) saving the life of or preventing bodily
12            harm to an employee or other committed person;
13                (2) performing heroic service during a flood,
14            tornado, fire, or other disaster;
15                (3) volunteering for an exceptionally
16            hazardous or dangerous assignment; or
17                (4) assisting in maintaining order or control
18            during a general disturbance.
19            (B) The committed person demonstrated a strong
20        desire for rehabilitation by:
21                (1) satisfactory participation in an
22            educational or rehabilitative program;
23                (2) attaining documented achievements; or
24                (3) satisfactory job performance.
25            (C) The committed person provided valuable
26        assistance to another committed person or committed

 

 

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1        persons in furtherance of a Department-recognized
2        educational, vocational, or rehabilitative
3        achievement.
4            (D) The committed person performed or carried out
5        some other exceptional and notable service above and
6        beyond the normal good behavior expected of a committed
7        person.
8        Any good conduct credit for meritorious service
9    awarded for service or conduct under subparagraph (D) or
10    which is not covered by subparagraphs (A), (B), or (C) must
11    only be awarded for service or conduct the Director deems
12    proper and which has been approved by the Governor. The
13    Governor's approval may be on a case-by-case basis or
14    rendered through a general directive to the Director. For
15    all awards of good conduct credit for meritorious service,
16    the Director shall set forth in writing the service or
17    conduct on which the award is based, but may use general
18    terminology if safety or security concerns are present.
19        (4) The rules and regulations shall also provide that
20    the good conduct credit accumulated and retained under
21    paragraph (2.1) of subsection (a) of this Section by any
22    inmate during specific periods of time in which such inmate
23    is engaged full-time in substance abuse programs,
24    correctional industry assignments, or educational programs
25    provided by the Department under this paragraph (4) and
26    satisfactorily completes the assigned program as

 

 

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

 

 

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

 

 

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1    Department shall report the results of these evaluations to
2    the Governor and the General Assembly by September 30th of
3    each year. The reports shall include data relating to the
4    recidivism rate among program participants.
5        Availability of these programs shall be subject to the
6    limits of fiscal resources appropriated by the General
7    Assembly for these purposes. Eligible inmates who are
8    denied immediate admission shall be placed on a waiting
9    list under criteria established by the Department. The
10    inability of any inmate to become engaged in any such
11    programs by reason of insufficient program resources or for
12    any other reason established under the rules and
13    regulations of the Department shall not be deemed a cause
14    of action under which the Department or any employee or
15    agent of the Department shall be liable for damages to the
16    inmate.
17        (4.1) The rules and regulations shall also provide that
18    an additional 60 days of good conduct credit shall be
19    awarded to any prisoner who passes the high school level
20    Test of General Educational Development (GED) while the
21    prisoner is incarcerated. The good conduct credit awarded
22    under this paragraph (4.1) shall be in addition to, and
23    shall not affect, the award of good conduct under any other
24    paragraph of this Section, but shall also be pursuant to
25    the guidelines and restrictions set forth in paragraph (4)
26    of subsection (a) of this Section. The good conduct credit

 

 

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

 

 

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

 

 

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

 

 

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1    When the Department seeks to revoke, suspend or reduce the
2rate of accumulation of any good conduct credits for an alleged
3infraction of its rules, it shall bring charges therefor
4against the prisoner sought to be so deprived of good conduct
5credits before the Prisoner Review Board as provided in
6subparagraph (a)(4) of Section 3-3-2 of this Code, if the
7amount of credit at issue exceeds 30 days or when during any 12
8month period, the cumulative amount of credit revoked exceeds
930 days except where the infraction is committed or discovered
10within 60 days of scheduled release. In those cases, the
11Department of Corrections may revoke up to 30 days of good
12conduct credit. The Board may subsequently approve the
13revocation of additional good conduct credit, if the Department
14seeks to revoke good conduct credit in excess of 30 days.
15However, the Board shall not be empowered to review the
16Department's decision with respect to the loss of 30 days of
17good conduct credit within any calendar year for any prisoner
18or to increase any penalty beyond the length requested by the
19Department.
20    The Director of the Department of Corrections, in
21appropriate cases, may restore up to 30 days good conduct
22credits which have been revoked, suspended or reduced. Any
23restoration of good conduct credits in excess of 30 days shall
24be subject to review by the Prisoner Review Board. However, the
25Board may not restore good conduct credit in excess of the
26amount requested by the Director.

 

 

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1    Nothing contained in this Section shall prohibit the
2Prisoner Review Board from ordering, pursuant to Section
33-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
4sentence imposed by the court that was not served due to the
5accumulation of good conduct credit.
6    (d) If a lawsuit is filed by a prisoner in an Illinois or
7federal court against the State, the Department of Corrections,
8or the Prisoner Review Board, or against any of their officers
9or employees, and the court makes a specific finding that a
10pleading, motion, or other paper filed by the prisoner is
11frivolous, the Department of Corrections shall conduct a
12hearing to revoke up to 180 days of good conduct credit by
13bringing charges against the prisoner sought to be deprived of
14the good conduct credits before the Prisoner Review Board as
15provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
16If the prisoner has not accumulated 180 days of good conduct
17credit at the time of the finding, then the Prisoner Review
18Board may revoke all good conduct credit accumulated by the
19prisoner.
20    For purposes of this subsection (d):
21        (1) "Frivolous" means that a pleading, motion, or other
22    filing which purports to be a legal document filed by a
23    prisoner in his or her lawsuit meets any or all of the
24    following criteria:
25            (A) it lacks an arguable basis either in law or in
26        fact;

 

 

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

 

 

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1    subsequent petition for relief from judgment under Section
2    2-1401 of the Code of Civil Procedure.
3    (e) Nothing in Public Act 90-592 or 90-593 affects the
4validity of Public Act 89-404.
5    (f) Whenever the Department is to release any inmate who
6has been convicted of a violation of an order of protection
7under Section 12-30 of the Criminal Code of 1961, earlier than
8it otherwise would because of a grant of good conduct credit,
9the Department, as a condition of such early release, shall
10require that the person, upon release, be placed under
11electronic surveillance as provided in Section 5-8A-7 of this
12Code.
13(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
1495-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
1595-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
167-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
17eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.