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90_HB3358
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Provides that a
defendant who is convicted of an offense subject to the
Truth-In-Sentencing provisions committed on or after the
effective date of this amendatory Act shall receive no good
conduct credit and shall serve 100% of his or her sentence
(now the defendant may receive a maximum of 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment).
LRB9008519RCdv
LRB9008519RCdv
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995
16 and before the effective date of this amendatory Act of
17 1998, the following:
18 (i) that a prisoner who is serving a term of
19 imprisonment for first degree murder shall receive
20 no good conduct credit and shall serve the entire
21 sentence imposed by the court;
22 (ii) that a prisoner serving a sentence for
23 attempt to commit first degree murder, solicitation
24 of murder, solicitation of murder for hire,
25 intentional homicide of an unborn child, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault,
28 aggravated kidnapping, aggravated battery with a
29 firearm, heinous battery, aggravated battery of a
30 senior citizen, or aggravated battery of a child
31 shall receive no more than 4.5 days of good conduct
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1 credit for each month of his or her sentence of
2 imprisonment; and
3 (iii) that a prisoner serving a sentence for
4 home invasion, armed robbery, aggravated vehicular
5 hijacking, aggravated discharge of a firearm, or
6 armed violence with a category I weapon or category
7 II weapon, when the court has made and entered a
8 finding, pursuant to subsection (c-1) of Section
9 5-4-1 of this Code, that the conduct leading to
10 conviction for the enumerated offense resulted in
11 great bodily harm to a victim, shall receive no more
12 than 4.5 days of good conduct credit for each month
13 of his or her sentence of imprisonment.
14 (2.1) For all offenses, other than those enumerated
15 in subdivision (a)(2) committed on or after the effective
16 date of this amendatory Act of 1995 and other than those
17 enumerated in subdivision (a)(2.3) committed on or after
18 the effective date of this amendatory Act of 1998, the
19 rules and regulations shall provide that a prisoner who
20 is serving a term of imprisonment shall receive one day
21 of good conduct credit for each day of his or her
22 sentence of imprisonment or recommitment under Section
23 3-3-9. Each day of good conduct credit shall reduce by
24 one day the prisoner's period of imprisonment or
25 recommitment under Section 3-3-9.
26 (2.2) A prisoner serving a term of natural life
27 imprisonment or a prisoner who has been sentenced to
28 death shall receive no good conduct credit.
29 (2.3) The rules and regulations on early release
30 shall provide, with respect to offenses committed on or
31 after the effective date of this amendatory Act of 1998,
32 the following:
33 (i) that a prisoner who is serving a term of
34 imprisonment for first degree murder, attempt to
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1 commit first degree murder, solicitation of murder,
2 solicitation of murder for hire, intentional
3 homicide of an unborn child, predatory criminal
4 sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, aggravated
6 kidnapping, aggravated battery with a firearm,
7 heinous battery, aggravated battery of a senior
8 citizen, or aggravated battery of a child shall
9 receive no good conduct credit and shall serve the
10 entire sentence imposed by the court; and
11 (ii) that a prisoner serving sentence for home
12 invasion, armed robbery, aggravated vehicular
13 hijacking, aggravated discharge of a firearm, or
14 armed violence with a category I weapon or category
15 II weapon, when the court has made and entered a
16 finding, pursuant to subsection (c-1) of Section
17 5-4-1 of this Code, that for conduct leading to
18 conviction for the enumerated offense resulted in
19 great bodily harm to a victim, shall receive no good
20 conduct credit and shall serve the entire sentence
21 imposed by the court.
22 (3) The rules and regulations shall also provide
23 that the Director may award up to 180 days additional
24 good conduct credit for meritorious service in specific
25 instances as the Director deems proper; except that no
26 more than 90 days of good conduct credit for meritorious
27 service shall be awarded to any prisoner who is serving a
28 sentence for conviction of first degree murder, reckless
29 homicide while under the influence of alcohol or any
30 other drug, aggravated kidnapping, kidnapping, predatory
31 criminal sexual assault of a child, aggravated criminal
32 sexual assault, criminal sexual assault, deviate sexual
33 assault, aggravated criminal sexual abuse, aggravated
34 indecent liberties with a child, indecent liberties with
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1 a child, child pornography, heinous battery, aggravated
2 battery of a spouse, aggravated battery of a spouse with
3 a firearm, stalking, aggravated stalking, aggravated
4 battery of a child, endangering the life or health of a
5 child, cruelty to a child, or narcotic racketeering.
6 Notwithstanding the foregoing, good conduct credit for
7 meritorious service shall not be awarded on a sentence of
8 imprisonment imposed for conviction of one of the
9 offenses enumerated in subdivision: (i) (a)(2) when the
10 offense is committed on or after the effective date of
11 this amendatory Act of 1995 or (ii) subdivision (a)(2.3)
12 when the offense is committed on or after the effective
13 date of this amendatory Act of 1998.
14 (4) The rules and regulations shall also provide
15 that the good conduct credit accumulated and retained
16 under paragraph (2.1) of subsection (a) of this Section
17 by any inmate during specific periods of time in which
18 such inmate is engaged full-time in substance abuse
19 programs, correctional industry assignments, or
20 educational programs provided by the Department under
21 this paragraph (4) and satisfactorily completes the
22 assigned program as determined by the standards of the
23 Department, shall be multiplied by a factor of 1.25 for
24 program participation before the effective date of this
25 amendatory Act of 1993 and 1.50 for program participation
26 on or after that date. However, no inmate shall be
27 eligible for the additional good conduct credit under
28 this paragraph (4) while assigned to a boot camp, mental
29 health unit, or electronic detention, or if convicted of
30 an offense enumerated in paragraph (a)(2) of this Section
31 that is committed on or after the effective date of this
32 amendatory Act of 1995, or if convicted of an offense
33 enumerated in paragraph (a)(2.3) of this Section that is
34 committed on or after the effective date of this
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1 amendatory Act of 1998, or first degree murder, a Class X
2 felony, criminal sexual assault, felony criminal sexual
3 abuse, aggravated criminal sexual abuse, aggravated
4 battery with a firearm, or any predecessor or successor
5 offenses with the same or substantially the same
6 elements, or any inchoate offenses relating to the
7 foregoing offenses. No inmate shall be eligible for the
8 additional good conduct credit under this paragraph (4)
9 who (i) has previously received increased good conduct
10 credit under this paragraph (4) and has subsequently been
11 convicted of a felony, or (ii) has previously served more
12 than one prior sentence of imprisonment for a felony in
13 an adult correctional facility.
14 Educational, vocational, substance abuse and
15 correctional industry programs under which good conduct
16 credit may be increased under this paragraph (4) shall be
17 evaluated by the Department on the basis of documented
18 standards. The Department shall report the results of
19 these evaluations to the Governor and the General
20 Assembly by September 30th of each year. The reports
21 shall include data relating to the recidivism rate among
22 program participants.
23 Availability of these programs shall be subject to
24 the limits of fiscal resources appropriated by the
25 General Assembly for these purposes. Eligible inmates
26 who are denied immediate admission shall be placed on a
27 waiting list under criteria established by the
28 Department. The inability of any inmate to become engaged
29 in any such programs by reason of insufficient program
30 resources or for any other reason established under the
31 rules and regulations of the Department shall not be
32 deemed a cause of action under which the Department or
33 any employee or agent of the Department shall be liable
34 for damages to the inmate.
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1 (5) Whenever the Department is to release any
2 inmate earlier than it otherwise would because of a grant
3 of good conduct credit for meritorious service given at
4 any time during the term, the Department shall give
5 reasonable advance notice of the impending release to the
6 State's Attorney of the county where the prosecution of
7 the inmate took place.
8 (b) Whenever a person is or has been committed under
9 several convictions, with separate sentences, the sentences
10 shall be construed under Section 5-8-4 in granting and
11 forfeiting of good time.
12 (c) The Department shall prescribe rules and regulations
13 for revoking good conduct credit, or suspending or reducing
14 the rate of accumulation of good conduct credit for specific
15 rule violations, during imprisonment. These rules and
16 regulations shall provide that no inmate may be penalized
17 more than one year of good conduct credit for any one
18 infraction.
19 When the Department seeks to revoke, suspend or reduce
20 the rate of accumulation of any good conduct credits for an
21 alleged infraction of its rules, it shall bring charges
22 therefor against the prisoner sought to be so deprived of
23 good conduct credits before the Prisoner Review Board as
24 provided in subparagraph (a)(4) of Section 3-3-2 of this
25 Code, if the amount of credit at issue exceeds 30 days or
26 when during any 12 month period, the cumulative amount of
27 credit revoked exceeds 30 days except where the infraction is
28 committed or discovered within 60 days of scheduled release.
29 In those cases, the Department of Corrections may revoke up
30 to 30 days of good conduct credit. The Board may subsequently
31 approve the revocation of additional good conduct credit, if
32 the Department seeks to revoke good conduct credit in excess
33 of 30 days. However, the Board shall not be empowered to
34 review the Department's decision with respect to the loss of
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1 30 days of good conduct credit within any calendar year for
2 any prisoner or to increase any penalty beyond the length
3 requested by the Department.
4 The Director of the Department of Corrections, in
5 appropriate cases, may restore up to 30 days good conduct
6 credits which have been revoked, suspended or reduced. Any
7 restoration of good conduct credits in excess of 30 days
8 shall be subject to review by the Prisoner Review Board.
9 However, the Board may not restore good conduct credit in
10 excess of the amount requested by the Director.
11 Nothing contained in this Section shall prohibit the
12 Prisoner Review Board from ordering, pursuant to Section
13 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
14 the sentence imposed by the court that was not served due to
15 the accumulation of good conduct credit.
16 (d) If a lawsuit is filed by a prisoner in an Illinois
17 or federal court against the State, the Department of
18 Corrections, or the Prisoner Review Board, or against any of
19 their officers or employees, and the court makes a specific
20 finding that a pleading, motion, or other paper filed by the
21 prisoner is frivolous, the Department of Corrections shall
22 conduct a hearing to revoke up to 180 days of good conduct
23 credit by bringing charges against the prisoner sought to be
24 deprived of the good conduct credits before the Prisoner
25 Review Board as provided in subparagraph (a)(8) of Section
26 3-3-2 of this Code. If the prisoner has not accumulated 180
27 days of good conduct credit at the time of the finding, then
28 the Prisoner Review Board may revoke all good conduct credit
29 accumulated by the prisoner.
30 For purposes of this subsection (d):
31 (1) "Frivolous" means that a pleading, motion, or
32 other filing which purports to be a legal document filed
33 by a prisoner in his or her lawsuit meets any or all of
34 the following criteria:
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1 (A) it lacks an arguable basis either in law
2 or in fact;
3 (B) it is being presented for any improper
4 purpose, such as to harass or to cause unnecessary
5 delay or needless increase in the cost of
6 litigation;
7 (C) the claims, defenses, and other legal
8 contentions therein are not warranted by existing
9 law or by a nonfrivolous argument for the extension,
10 modification, or reversal of existing law or the
11 establishment of new law;
12 (D) the allegations and other factual
13 contentions do not have evidentiary support or, if
14 specifically so identified, are not likely to have
15 evidentiary support after a reasonable opportunity
16 for further investigation or discovery; or
17 (E) the denials of factual contentions are not
18 warranted on the evidence, or if specifically so
19 identified, are not reasonably based on a lack of
20 information or belief.
21 (2) "Lawsuit" means a petition for post conviction
22 relief under Article 122 of the Code of Criminal
23 Procedure of 1963, a motion pursuant to Section 116-3 of
24 the Code of Criminal Procedure of 1963, a habeas corpus
25 action under Article X of the Code of Civil Procedure or
26 under federal law (28 U.S.C. 2254), a petition for claim
27 under the Court of Claims Act or an action under the
28 federal Civil Rights Act (42 U.S.C. 1983).
29 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
30 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
31 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
32 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
33 Sec. 5-4-1. Sentencing Hearing.
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1 (a) Except when the death penalty is sought under
2 hearing procedures otherwise specified, after a determination
3 of guilt, a hearing shall be held to impose the sentence.
4 However, prior to the imposition of sentence on an individual
5 being sentenced for an offense based upon a charge for a
6 violation of Section 11-501 of the Illinois Vehicle Code or a
7 similar provision of a local ordinance, the individual must
8 undergo a professional evaluation to determine if an alcohol
9 or other drug abuse problem exists and the extent of such a
10 problem. Programs conducting these evaluations shall be
11 licensed by the Department of Human Services. However, if
12 the individual is not a resident of Illinois, the court may,
13 in its discretion, accept an evaluation from a program in the
14 state of such individual's residence. The court may in its
15 sentencing order approve an eligible defendant for placement
16 in a Department of Corrections impact incarceration program
17 as provided in Section 5-8-1.1. At the hearing the court
18 shall:
19 (1) consider the evidence, if any, received upon
20 the trial;
21 (2) consider any presentence reports;
22 (3) consider the financial impact of incarceration
23 based on the financial impact statement filed with the
24 clerk of the court by the Department of Corrections;
25 (4) consider evidence and information offered by
26 the parties in aggravation and mitigation;
27 (5) hear arguments as to sentencing alternatives;
28 (6) afford the defendant the opportunity to make a
29 statement in his own behalf;
30 (7) afford the victim of a violent crime or a
31 violation of Section 11-501 of the Illinois Vehicle Code,
32 or a similar provision of a local ordinance, committed by
33 the defendant the opportunity to make a statement
34 concerning the impact on the victim and to offer evidence
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1 in aggravation or mitigation; provided that the statement
2 and evidence offered in aggravation or mitigation must
3 first be prepared in writing in conjunction with the
4 State's Attorney before it may be presented orally at the
5 hearing. Any sworn testimony offered by the victim is
6 subject to the defendant's right to cross-examine. All
7 statements and evidence offered under this paragraph (7)
8 shall become part of the record of the court; and
9 (8) in cases of reckless homicide afford the
10 victim's spouse, guardians, parents or other immediate
11 family members an opportunity to make oral statements.
12 (b) All sentences shall be imposed by the judge based
13 upon his independent assessment of the elements specified
14 above and any agreement as to sentence reached by the
15 parties. The judge who presided at the trial or the judge
16 who accepted the plea of guilty shall impose the sentence
17 unless he is no longer sitting as a judge in that court.
18 Where the judge does not impose sentence at the same time on
19 all defendants who are convicted as a result of being
20 involved in the same offense, the defendant or the State's
21 attorney may advise the sentencing court of the disposition
22 of any other defendants who have been sentenced.
23 (c) In imposing a sentence for a violent crime or for an
24 offense of operating or being in physical control of a
25 vehicle while under the influence of alcohol, any other drug
26 or any combination thereof, or a similar provision of a local
27 ordinance, when such offense resulted in the personal injury
28 to someone other than the defendant, the trial judge shall
29 specify on the record the particular evidence, information,
30 factors in mitigation and aggravation or other reasons that
31 led to his sentencing determination. The full verbatim record
32 of the sentencing hearing shall be filed with the clerk of
33 the court and shall be a public record.
34 (c-1) In imposing a sentence for the offense of
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1 aggravated kidnapping for ransom, home invasion, armed
2 robbery, aggravated vehicular hijacking, aggravated discharge
3 of a firearm, or armed violence with a category I weapon or
4 category II weapon, the trial judge shall make a finding as
5 to whether the conduct leading to conviction for the offense
6 resulted in great bodily harm to a victim, and shall enter
7 that finding and the basis for that finding in the record.
8 (c-2) If the defendant is sentenced to prison, other
9 than when a sentence of natural life imprisonment or a
10 sentence of death is imposed, at the time the sentence is
11 imposed the judge shall state on the record in open court the
12 approximate period of time the defendant will serve in
13 custody according to the then current statutory rules and
14 regulations for early release found in Section 3-6-3 and
15 other related provisions of this Code. This statement is
16 intended solely to inform the public, has no legal effect on
17 the defendant's actual release, and may not be relied on by
18 the defendant on appeal.
19 The judge's statement, to be given after pronouncing the
20 sentence, other than when the sentence is imposed for one of
21 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
22 shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 180 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
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1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(3) of Section 3-6-3, other than
8 when the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
10 or after the effective date of this amendatory Act of 1995,
11 and other than when the sentence is imposed for one of the
12 offenses enumerated in paragraph (a)(2.3) of Section 3-6-3
13 committed on or after the effective date of this amendatory
14 Act of 1998, the judge's statement, to be given after
15 pronouncing the sentence, shall include the following:
16 "The purpose of this statement is to inform the public of
17 the actual period of time this defendant is likely to spend
18 in prison as a result of this sentence. The actual period of
19 prison time served is determined by the statutes of Illinois
20 as applied to this sentence by the Illinois Department of
21 Corrections and the Illinois Prisoner Review Board. In this
22 case, assuming the defendant receives all of his or her good
23 conduct credit, the period of estimated actual custody is ...
24 years and ... months, less up to 90 days additional good
25 conduct credit for meritorious service. If the defendant,
26 because of his or her own misconduct or failure to comply
27 with the institutional regulations, does not receive those
28 credits, the actual time served in prison will be longer.
29 The defendant may also receive an additional one-half day
30 good conduct credit for each day of participation in
31 vocational, industry, substance abuse, and educational
32 programs as provided for by Illinois statute."
33 When the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(2) of Section 3-6-3, other than
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1 first degree murder, and the offense was committed on or
2 after the effective date of this amendatory Act of 1995 and
3 before the effective date of this amendatory Act of 1998, the
4 judge's statement, to be given after pronouncing the
5 sentence, shall include the following:
6 "The purpose of this statement is to inform the public of
7 the actual period of time this defendant is likely to spend
8 in prison as a result of this sentence. The actual period of
9 prison time served is determined by the statutes of Illinois
10 as applied to this sentence by the Illinois Department of
11 Corrections and the Illinois Prisoner Review Board. In this
12 case, the defendant is entitled to no more than 4 1/2 days of
13 good conduct credit for each month of his or her sentence of
14 imprisonment. Therefore, this defendant will serve at least
15 85% of his or her sentence. Assuming the defendant receives
16 4 1/2 days credit for each month of his or her sentence, the
17 period of estimated actual custody is ... years and ...
18 months. If the defendant, because of his or her own
19 misconduct or failure to comply with the institutional
20 regulations receives lesser credit, the actual time served in
21 prison will be longer."
22 When a sentence of imprisonment is imposed for first
23 degree murder and the offense was committed on or after the
24 effective date of this amendatory Act of 1995 and when a
25 sentence of imprisonment is imposed for one of the offenses
26 enumerated in paragraph (a)(2.3) of Section 3-6-3 and the
27 offense was committed on or after the effective date of this
28 amendatory Act of 1998, the judge's statement, to be given
29 after pronouncing the sentence, shall include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is not entitled to good conduct credit.
3 Therefore, this defendant will serve 100% of his or her
4 sentence."
5 (d) When the defendant is committed to the Department of
6 Corrections, the State's Attorney shall and counsel for the
7 defendant may file a statement with the clerk of the court to
8 be transmitted to the department, agency or institution to
9 which the defendant is committed to furnish such department,
10 agency or institution with the facts and circumstances of the
11 offense for which the person was committed together with all
12 other factual information accessible to them in regard to the
13 person prior to his commitment relative to his habits,
14 associates, disposition and reputation and any other facts
15 and circumstances which may aid such department, agency or
16 institution during its custody of such person. The clerk
17 shall within 10 days after receiving any such statements
18 transmit a copy to such department, agency or institution and
19 a copy to the other party, provided, however, that this shall
20 not be cause for delay in conveying the person to the
21 department, agency or institution to which he has been
22 committed.
23 (e) The clerk of the court shall transmit to the
24 department, agency or institution, if any, to which the
25 defendant is committed, the following:
26 (1) the sentence imposed;
27 (2) any statement by the court of the basis for
28 imposing the sentence;
29 (3) any presentence reports;
30 (4) the number of days, if any, which the defendant
31 has been in custody and for which he is entitled to
32 credit against the sentence, which information shall be
33 provided to the clerk by the sheriff;
34 (4.1) any finding of great bodily harm made by the
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1 court with respect to an offense enumerated in subsection
2 (c-1);
3 (5) all statements filed under subsection (d) of
4 this Section;
5 (6) any medical or mental health records or
6 summaries of the defendant;
7 (7) the municipality where the arrest of the
8 offender or the commission of the offense has occurred,
9 where such municipality has a population of more than
10 25,000 persons;
11 (8) all statements made and evidence offered under
12 paragraph (7) of subsection (a) of this Section; and
13 (9) all additional matters which the court directs
14 the clerk to transmit.
15 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)