Illinois General Assembly - Full Text of Public Act 099-0241
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Public Act 099-0241


 

Public Act 0241 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0241
 
HB3884 EnrolledLRB099 04141 RLC 24161 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 Sentence Credit.
        (a) (1) The Department of Corrections shall prescribe
    rules and regulations for awarding and revoking sentence
    credit for persons committed to the Department which shall
    be subject to review by the Prisoner Review Board.
        (1.5) As otherwise provided by law, sentence credit may
    be awarded for the following:
            (A) successful completion of programming while in
        custody of the Department or while in custody prior to
        sentencing;
            (B) compliance with the rules and regulations of
        the Department; or
            (C) service to the institution, service to a
        community, or service to the State.
        (2) The rules and regulations on sentence credit 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 offense listed in clause (vi) committed on
    or after June 1, 2008 (the effective date of Public Act
    95-625) 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 August 13, 2007 (the effective date
    of Public Act 95-134) or with respect to the offense of
    aggravated domestic battery committed on or after July 23,
    2010 (the effective date of Public Act 96-1224) or with
    respect to the offense of attempt to commit terrorism
    committed on or after January 1, 2013 (the effective date
    of Public Act 97-990), 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 sentence credit and shall
        serve the entire sentence imposed by the court;
            (ii) that a prisoner serving a sentence for attempt
        to commit terrorism, 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 as described in Section 12-4.2 or
        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
        Section 12-3.05, heinous battery as described in
        Section 12-4.1 or subdivision (a)(2) of Section
        12-3.05, being an armed habitual criminal, aggravated
        battery of a senior citizen as described in Section
        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
        aggravated battery of a child as described in Section
        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
        receive no more than 4.5 days of sentence 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 sentence
        credit for each month of his or her sentence of
        imprisonment;
            (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 sentence credit for each month of
        his or her sentence of imprisonment;
            (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 the Criminal Code
        of 2012, 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 sentence credit for each month of his or her
        sentence of imprisonment;
            (vi) that a prisoner serving a sentence for a
        second or subsequent offense of luring a minor shall
        receive no more than 4.5 days of sentence credit for
        each month of his or her sentence of imprisonment; and
            (vii) that a prisoner serving a sentence for
        aggravated domestic battery shall receive no more than
        4.5 days of sentence 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
    August 13, 2007 (the effective date of Public Act 95-134)
    or subdivision (a)(2)(vi) committed on or after June 1,
    2008 (the effective date of Public Act 95-625) or
    subdivision (a)(2)(vii) committed on or after July 23, 2010
    (the effective date of Public Act 96-1224), and other than
    the offense of 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, and other than
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230), the rules and regulations shall provide that a
    prisoner who is serving a term of imprisonment shall
    receive one day of sentence credit for each day of his or
    her sentence of imprisonment or recommitment under Section
    3-3-9. Each day of sentence 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 sentence credit.
        (2.3) The rules and regulations on sentence credit
    shall provide that a prisoner who is serving a sentence for
    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 sentence credit for each month of his or her sentence of
    imprisonment.
        (2.4) The rules and regulations on sentence credit
    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 sentence credit for each month of his or her sentence of
    imprisonment.
        (2.5) The rules and regulations on sentence credit
    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 sentence credit for each month of his or
    her sentence of imprisonment.
        (2.6) The rules and regulations on sentence credit
    shall provide that a prisoner who is serving a sentence for
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds or any
    combination thereof as defined in subparagraph (C) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code committed on or after January 1, 2011
    (the effective date of Public Act 96-1230) shall receive no
    more than 4.5 days of sentence 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 sentence
    credit for good conduct in specific instances as the
    Director deems proper. The good conduct may include, but is
    not limited to, compliance with the rules and regulations
    of the Department, service to the Department, service to a
    community, or service to the State. However, the Director
    shall not award more than 90 days of sentence credit for
    good conduct 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
    as described in Section 12-4.1 or subdivision (a)(2) of
    Section 12-3.05, aggravated battery of a spouse,
    aggravated battery of a spouse with a firearm, stalking,
    aggravated stalking, aggravated battery of a child as
    described in Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05, endangering the life or health of a child,
    or cruelty to a child. Notwithstanding the foregoing,
    sentence credit for good conduct 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 August 13, 2007 (the effective
    date of Public Act 95-134) or subdivision (a)(2)(vi) when
    the offense is committed on or after June 1, 2008 (the
    effective date of Public Act 95-625) or subdivision
    (a)(2)(vii) when the offense is committed on or after July
    23, 2010 (the effective date of Public Act 96-1224), (ii)
    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), (iv) aggravated arson when the offense is
    committed on or after July 27, 2001 (the effective date of
    Public Act 92-176), (v) offenses that may subject the
    offender to commitment under the Sexually Violent Persons
    Commitment Act, or (vi) aggravated driving under the
    influence of alcohol, other drug or drugs, or intoxicating
    compound or compounds or any combination thereof as defined
    in subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230).
    Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
    The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
            (A) is eligible for the sentence credit;
            (B) has served a minimum of 60 days, or as close to
        60 days as the sentence will allow; and
            (C) has met the eligibility criteria established
        by rule.
        The Director shall determine the form and content of
    the written determination required in this subsection.
        (3.5) The Department shall provide annual written
    reports to the Governor and the General Assembly on the
    award of sentence credit for good conduct, with the first
    report due January 1, 2014. The Department must publish
    both reports on its website within 48 hours of transmitting
    the reports to the Governor and the General Assembly. The
    reports must include:
            (A) the number of inmates awarded sentence credit
        for good conduct;
            (B) the average amount of sentence credit for good
        conduct awarded;
            (C) the holding offenses of inmates awarded
        sentence credit for good conduct; and
            (D) the number of sentence credit for good conduct
        revocations.
        (4) The rules and regulations shall also provide that
    the sentence 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, educational programs,
    behavior modification programs, life skills courses, or
    re-entry planning 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. The rules and
    regulations shall also provide that sentence credit,
    subject to the same offense limits and multiplier provided
    in this paragraph, may be provided to an inmate who was
    held in pre-trial detention prior to his or her current
    commitment to the Department of Corrections and
    successfully completed a full-time, 60-day or longer
    substance abuse program, educational program, behavior
    modification program, life skills course, or re-entry
    planning provided by the county department of corrections
    or county jail. Calculation of this county program credit
    shall be done at sentencing as provided in Section
    5-4.5-100 of this Code and shall be included in the
    sentencing order. However, no inmate shall be eligible for
    the additional sentence 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 August 13, 2007 (the effective date
    of Public Act 95-134) or subdivision (a)(2)(vi) when the
    offense is committed on or after June 1, 2008 (the
    effective date of Public Act 95-625) or subdivision
    (a)(2)(vii) when the offense is committed on or after July
    23, 2010 (the effective date of Public Act 96-1224), or if
    convicted of 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 aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230), 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 as
    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
    (e)(3), or (e)(4) of Section 12-3.05, 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, behavior
    modification programs, life skills courses, re-entry
    planning, and correctional industry programs under which
    sentence 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 90 60 days of sentence credit shall be
    awarded to any prisoner who passes high school equivalency
    testing while the prisoner is committed to the Department
    of Corrections. The sentence credit awarded under this
    paragraph (4.1) shall be in addition to, and shall not
    affect, the award of sentence credit 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 sentence credit
    provided for in this paragraph shall be available only to
    those prisoners who have not previously earned a high
    school diploma or a high school equivalency certificate.
    If, after an award of the high school equivalency testing
    sentence credit has been made, the Department determines
    that the prisoner was not eligible, then the award shall be
    revoked. The Department may also award 90 60 days of
    sentence credit to any committed person who passed high
    school equivalency testing while he or she was held in
    pre-trial detention prior to the current commitment to the
    Department of Corrections.
        (4.5) The rules and regulations on sentence credit
    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 sentence 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
    sentence 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 sentence credit
    under clause (3) of this subsection (a) at the discretion
    of the Director.
        (4.6) The rules and regulations on sentence credit
    shall also provide that a prisoner who has been convicted
    of a sex offense as defined in Section 2 of the Sex
    Offender Registration Act shall receive no sentence credit
    unless he or she either has successfully completed or is
    participating in sex offender treatment as defined by the
    Sex Offender Management Board. However, prisoners who are
    waiting to receive treatment, but who are unable to do so
    due solely to the lack of resources on the part of the
    Department, may, at the Director's sole discretion, be
    awarded sentence credit at a rate as the Director shall
    determine.
        (5) Whenever the Department is to release any inmate
    earlier than it otherwise would because of a grant of
    sentence credit for good conduct under paragraph (3) of
    subsection (a) of this Section given at any time during the
    term, the Department shall give reasonable notice of the
    impending release not less than 14 days prior to the date
    of the release to the State's Attorney of the county where
    the prosecution of the inmate took place, and if
    applicable, the State's Attorney of the county into which
    the inmate will be released. The Department must also make
    identification information and a recent photo of the inmate
    being released accessible on the Internet by means of a
    hyperlink labeled "Community Notification of Inmate Early
    Release" on the Department's World Wide Web homepage. The
    identification information shall include the inmate's:
    name, any known alias, date of birth, physical
    characteristics, residence address, commitment offense and
    county where conviction was imposed. The identification
    information shall be placed on the website within 3 days of
    the inmate's release and the information may not be removed
    until either: completion of the first year of mandatory
    supervised release or return of the inmate to custody of
    the Department.
    (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 sentence credit.
    (c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
    When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
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 sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence 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 sentence 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 of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence 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 sentence 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 sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence 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 sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence 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 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, an action under the federal
    Civil Rights Act (42 U.S.C. 1983), or a second or
    subsequent petition for post-conviction relief under
    Article 122 of the Code of Criminal Procedure of 1963
    whether filed with or without leave of court or a second or
    subsequent petition for relief from judgment under Section
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12;
97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
1-1-15.)

Effective Date: 1/1/2016