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Public Act 095-0134


 

Public Act 0134 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0134
 
HB1557 Enrolled LRB095 06782 RLC 31406 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:
 
    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3. Rules and Regulations for Early Release.
        (a) (1) The Department of Corrections shall prescribe
    rules and regulations for the early release on account of
    good conduct of persons committed to the Department which
    shall be subject to review by the Prisoner Review Board.
        (2) The rules and regulations on early release shall
    provide, with respect to offenses listed in clause (i),
    (ii), or (iii) of this paragraph (2) committed on or after
    June 19, 1998 or with respect to the offense listed in
    clause (iv) of this paragraph (2) committed on or after
    June 23, 2005 (the effective date of Public Act 94-71) or
    with respect to the offense of being an armed habitual
    criminal committed on or after August 2, 2005 (the
    effective date of Public Act 94-398) or with respect to the
    offenses listed in clause (v) of this paragraph (2)
    committed on or after the effective date of this amendatory
    Act of the 95th General Assembly, the following:
            (i) that a prisoner who is serving a term of
        imprisonment for first degree murder or for the offense
        of terrorism shall receive no good conduct credit and
        shall serve the entire sentence imposed by the court;
            (ii) that a prisoner serving a sentence for attempt
        to commit first degree murder, solicitation of murder,
        solicitation of murder for hire, intentional homicide
        of an unborn child, predatory criminal sexual assault
        of a child, aggravated criminal sexual assault,
        criminal sexual assault, aggravated kidnapping,
        aggravated battery with a firearm, heinous battery,
        being an armed habitual criminal, aggravated battery
        of a senior citizen, or aggravated battery of a child
        shall receive no more than 4.5 days of good conduct
        credit for each month of his or her sentence of
        imprisonment;
            (iii) that a prisoner serving a sentence for home
        invasion, armed robbery, aggravated vehicular
        hijacking, aggravated discharge of a firearm, or armed
        violence with a category I weapon or category II
        weapon, when the court has made and entered a finding,
        pursuant to subsection (c-1) of Section 5-4-1 of this
        Code, that the conduct leading to conviction for the
        enumerated offense resulted in great bodily harm to a
        victim, shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment; and
            (iv) that a prisoner serving a sentence for
        aggravated discharge of a firearm, whether or not the
        conduct leading to conviction for the offense resulted
        in great bodily harm to the victim, shall receive no
        more than 4.5 days of good conduct credit for each
        month of his or her sentence of imprisonment; and .
            (v) that a person serving a sentence for
        gunrunning, narcotics racketeering, controlled
        substance trafficking, methamphetamine trafficking,
        drug-induced homicide, aggravated
        methamphetamine-related child endangerment, money
        laundering pursuant to clause (c) (4) or (5) of Section
        29B-1 of the Criminal Code of 1961, or a Class X felony
        conviction for delivery of a controlled substance,
        possession of a controlled substance with intent to
        manufacture or deliver, calculated criminal drug
        conspiracy, criminal drug conspiracy, street gang
        criminal drug conspiracy, participation in
        methamphetamine manufacturing, aggravated
        participation in methamphetamine manufacturing,
        delivery of methamphetamine, possession with intent to
        deliver methamphetamine, aggravated delivery of
        methamphetamine, aggravated possession with intent to
        deliver methamphetamine, methamphetamine conspiracy
        when the substance containing the controlled substance
        or methamphetamine is 100 grams or more shall receive
        no more than 7.5 days good conduct credit for each
        month of his or her sentence of imprisonment.
        (2.1) For all offenses, other than those enumerated in
    subdivision (a)(2)(i), (ii), or (iii) committed on or after
    June 19, 1998 or subdivision (a)(2)(iv) committed on or
    after June 23, 2005 (the effective date of Public Act
    94-71) or subdivision (a)(2)(v) committed on or after the
    effective date of this amendatory Act of the 95th General
    Assembly, and other than the offense of reckless homicide
    as defined in subsection (e) of Section 9-3 of the Criminal
    Code of 1961 committed on or after January 1, 1999, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, the rules and regulations shall
    provide that a prisoner who is serving a term of
    imprisonment shall receive one day of good conduct credit
    for each day of his or her sentence of imprisonment or
    recommitment under Section 3-3-9. Each day of good conduct
    credit shall reduce by one day the prisoner's period of
    imprisonment or recommitment under Section 3-3-9.
        (2.2) A prisoner serving a term of natural life
    imprisonment or a prisoner who has been sentenced to death
    shall receive no good conduct credit.
        (2.3) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    reckless homicide as defined in subsection (e) of Section
    9-3 of the Criminal Code of 1961 committed on or after
    January 1, 1999, or aggravated driving under the influence
    of alcohol, other drug or drugs, or intoxicating compound
    or compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, shall receive
    no more than 4.5 days of good conduct credit for each month
    of his or her sentence of imprisonment.
        (2.4) The rules and regulations on early release shall
    provide with respect to the offenses of aggravated battery
    with a machine gun or a firearm equipped with any device or
    attachment designed or used for silencing the report of a
    firearm or aggravated discharge of a machine gun or a
    firearm equipped with any device or attachment designed or
    used for silencing the report of a firearm, committed on or
    after July 15, 1999 (the effective date of Public Act
    91-121), that a prisoner serving a sentence for any of
    these offenses shall receive no more than 4.5 days of good
    conduct credit for each month of his or her sentence of
    imprisonment.
        (2.5) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated arson committed on or after July 27, 2001 (the
    effective date of Public Act 92-176) shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (3) The rules and regulations shall also provide that
    the Director may award up to 180 days additional good
    conduct credit for meritorious service in specific
    instances as the Director deems proper; except that no more
    than 90 days of good conduct credit for meritorious service
    shall be awarded to any prisoner who is serving a sentence
    for conviction of first degree murder, reckless homicide
    while under the influence of alcohol or any other drug, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual assault, deviate
    sexual assault, aggravated criminal sexual abuse,
    aggravated indecent liberties with a child, indecent
    liberties with a child, child pornography, heinous
    battery, aggravated battery of a spouse, aggravated
    battery of a spouse with a firearm, stalking, aggravated
    stalking, aggravated battery of a child, endangering the
    life or health of a child, or cruelty to a child, or
    narcotic racketeering. Notwithstanding the foregoing, good
    conduct credit for meritorious service shall not be awarded
    on a sentence of imprisonment imposed for conviction of:
    (i) one of the offenses enumerated in subdivision
    (a)(2)(i), (ii), or (iii) when the offense is committed on
    or after June 19, 1998 or subdivision (a)(2)(iv) when the
    offense is committed on or after June 23, 2005 (the
    effective date of Public Act 94-71) or subdivision
    (a)(2)(v) when the offense is committed on or after the
    effective date of this amendatory Act of the 95th General
    Assembly, (ii) reckless homicide as defined in subsection
    (e) of Section 9-3 of the Criminal Code of 1961 when the
    offense is committed on or after January 1, 1999, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, (iii) one of the offenses enumerated
    in subdivision (a)(2.4) when the offense is committed on or
    after July 15, 1999 (the effective date of Public Act
    91-121), or (iv) aggravated arson when the offense is
    committed on or after July 27, 2001 (the effective date of
    Public Act 92-176).
        (4) The rules and regulations shall also provide that
    the good conduct credit accumulated and retained under
    paragraph (2.1) of subsection (a) of this Section by any
    inmate during specific periods of time in which such inmate
    is engaged full-time in substance abuse programs,
    correctional industry assignments, or educational programs
    provided by the Department under this paragraph (4) and
    satisfactorily completes the assigned program as
    determined by the standards of the Department, shall be
    multiplied by a factor of 1.25 for program participation
    before August 11, 1993 and 1.50 for program participation
    on or after that date. However, no inmate shall be eligible
    for the additional good conduct credit under this paragraph
    (4) or (4.1) of this subsection (a) while assigned to a
    boot camp or electronic detention, or if convicted of an
    offense enumerated in subdivision (a)(2)(i), (ii), or
    (iii) of this Section that is committed on or after June
    19, 1998 or subdivision (a)(2)(iv) of this Section that is
    committed on or after June 23, 2005 (the effective date of
    Public Act 94-71) or subdivision (a)(2)(v) of this Section
    that is committed on or after the effective date of this
    amendatory Act of the 95th General Assembly, or if
    convicted of reckless homicide as defined in subsection (e)
    of Section 9-3 of the Criminal Code of 1961 if the offense
    is committed on or after January 1, 1999, or aggravated
    driving under the influence of alcohol, other drug or
    drugs, or intoxicating compound or compounds, or any
    combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, or if convicted of an offense
    enumerated in paragraph (a)(2.4) of this Section that is
    committed on or after July 15, 1999 (the effective date of
    Public Act 91-121), or first degree murder, a Class X
    felony, criminal sexual assault, felony criminal sexual
    abuse, aggravated criminal sexual abuse, aggravated
    battery with a firearm, or any predecessor or successor
    offenses with the same or substantially the same elements,
    or any inchoate offenses relating to the foregoing
    offenses. No inmate shall be eligible for the additional
    good conduct credit under this paragraph (4) who (i) has
    previously received increased good conduct credit under
    this paragraph (4) and has subsequently been convicted of a
    felony, or (ii) has previously served more than one prior
    sentence of imprisonment for a felony in an adult
    correctional facility.
        Educational, vocational, substance abuse and
    correctional industry programs under which good conduct
    credit may be increased under this paragraph (4) and
    paragraph (4.1) of this subsection (a) shall be evaluated
    by the Department on the basis of documented standards. The
    Department shall report the results of these evaluations to
    the Governor and the General Assembly by September 30th of
    each year. The reports shall include data relating to the
    recidivism rate among program participants.
        Availability of these programs shall be subject to the
    limits of fiscal resources appropriated by the General
    Assembly for these purposes. Eligible inmates who are
    denied immediate admission shall be placed on a waiting
    list under criteria established by the Department. The
    inability of any inmate to become engaged in any such
    programs by reason of insufficient program resources or for
    any other reason established under the rules and
    regulations of the Department shall not be deemed a cause
    of action under which the Department or any employee or
    agent of the Department shall be liable for damages to the
    inmate.
        (4.1) The rules and regulations shall also provide that
    an additional 60 days of good conduct credit shall be
    awarded to any prisoner who passes the high school level
    Test of General Educational Development (GED) while the
    prisoner is incarcerated. The good conduct credit awarded
    under this paragraph (4.1) shall be in addition to, and
    shall not affect, the award of good conduct under any other
    paragraph of this Section, but shall also be pursuant to
    the guidelines and restrictions set forth in paragraph (4)
    of subsection (a) of this Section. The good conduct credit
    provided for in this paragraph shall be available only to
    those prisoners who have not previously earned a high
    school diploma or a GED. If, after an award of the GED good
    conduct credit has been made and the Department determines
    that the prisoner was not eligible, then the award shall be
    revoked.
        (4.5) The rules and regulations on early release shall
    also provide that when the court's sentencing order
    recommends a prisoner for substance abuse treatment and the
    crime was committed on or after September 1, 2003 (the
    effective date of Public Act 93-354), the prisoner shall
    receive no good conduct credit awarded under clause (3) of
    this subsection (a) unless he or she participates in and
    completes a substance abuse treatment program. The
    Director may waive the requirement to participate in or
    complete a substance abuse treatment program and award the
    good conduct credit in specific instances if the prisoner
    is not a good candidate for a substance abuse treatment
    program for medical, programming, or operational reasons.
    Availability of substance abuse treatment shall be subject
    to the limits of fiscal resources appropriated by the
    General Assembly for these purposes. If treatment is not
    available and the requirement to participate and complete
    the treatment has not been waived by the Director, the
    prisoner shall be placed on a waiting list under criteria
    established by the Department. The Director may allow a
    prisoner placed on a waiting list to participate in and
    complete a substance abuse education class or attend
    substance abuse self-help meetings in lieu of a substance
    abuse treatment program. A prisoner on a waiting list who
    is not placed in a substance abuse program prior to release
    may be eligible for a waiver and receive good conduct
    credit under clause (3) of this subsection (a) at the
    discretion of the Director.
        (5) Whenever the Department is to release any inmate
    earlier than it otherwise would because of a grant of good
    conduct credit for meritorious service given at any time
    during the term, the Department shall give reasonable
    advance notice of the impending release to the State's
    Attorney of the county where the prosecution of the inmate
    took place.
    (b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
    (c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
    When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
    The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
    Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or other
    filing which purports to be a legal document filed by a
    prisoner in his or her lawsuit meets any or all of the
    following criteria:
            (A) it lacks an arguable basis either in law or in
        fact;
            (B) it is being presented for any improper purpose,
        such as to harass or to cause unnecessary delay or
        needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal
        contentions therein are not warranted by existing law
        or by a nonfrivolous argument for the extension,
        modification, or reversal of existing law or the
        establishment of new law;
            (D) the allegations and other factual contentions
        do not have evidentiary support or, if specifically so
        identified, are not likely to have evidentiary support
        after a reasonable opportunity for further
        investigation or discovery; or
            (E) the denials of factual contentions are not
        warranted on the evidence, or if specifically so
        identified, are not reasonably based on a lack of
        information or belief.
        (2) "Lawsuit" means a petition for post-conviction
    relief under Article 122 of the Code of Criminal Procedure
    of 1963, a motion pursuant to Section 116-3 of the Code of
    Criminal Procedure of 1963, a habeas corpus action under
    Article X of the Code of Civil Procedure or under federal
    law (28 U.S.C. 2254), a petition for claim under the Court
    of Claims Act or an action under the federal Civil Rights
    Act (42 U.S.C. 1983).
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007