TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER a: ADMINISTRATION AND RULES
PART 107 RECORDS OF OFFENDERS
SECTION 107.210 AWARDING OF EARNED DISCRETIONARY SENTENCE CREDIT
Section 107.210 Awarding of Earned Discretionary Sentence Credit
a) The Director, or his or her designee, may award eligible offenders additional credit up to a maximum of 180 days, in accordance with Section 3-6-3(a)(3) of the UCOC, for good conduct. However, offenders shall not be eligible to receive earned discretionary sentence credit, supplemental sentence credit, meritorious good time, or an aggregation of these credits:
1) Greater than the statutory maximum during one term of incarceration.
2) If the sentence credit reduces the sentence to less than:
A) 85% for offenders required to serve 85% of their sentence; or
B) 60% for offenders required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.
b) In determining whether or not to award earned discretionary sentence credit, the Director, or his or her designee:
1) Shall make a determination, either in written or electronic form, that the offender:
A) Is eligible, based on his or her holding offenses, to receive earned discretionary sentence credit;
B) Has served a minimum of 60 days of his or her sentence in the custody of the Department;
C) Has received a risk and needs assessment administered with a validated instrument; and
D) Has met the eligibility criteria established in this Section.
2) May examine or consider, among other matters:
A) The complete master record file of the offender, including, but not limited to, sentencing material including the facts and circumstances of the holding offense, disciplinary records, and reports or recommendations made concerning the offender.
B) Results of an available risk and needs assessment analysis or an evaluation from a validated instrument.
C) History of conviction for forcible felony as provided in Section 2-8 of the Criminal Code of 2012.
D) The assignment performance of the offender while in the custody of the Department.
E) Educational or program performance and achievements of the offender while in the custody of the Department.
F) Service to the Department, community or State.
G) Heroic action of the offender such as saving the life of an employee or other offender.
H) The offender's commitment to rehabilitation.
c) The decision to award earned discretionary sentence credit shall be at the sole discretion of the Director or his or her designee.
d) No offender shall be eligible to receive earned discretionary sentence credit if he or she:
1) Is serving a term of natural life or has been sentenced to death;
2) Is serving a sentence for first degree murder or for the offense of terrorism;
3) Has been found guilty of a 100-level disciplinary offense under 20 Ill. Adm. Code 504 during the 12 months preceding the review; or
4) Has been found guilty of, or has a pending charge resulting from, a criminal offense committed during his or her current term of incarceration.
e) No offender whose court sentencing order recommends substance abuse treatment for offenses committed on or after September 1, 2003 shall be awarded earned discretionary sentence credit unless:
1) He or she participates in and completes a substance abuse treatment program; or
2) The Director waives the requirement to participate in or complete the treatment program in specific instances in which the offender is not a good candidate for the program due to medical, programming or operations reasons. When substance abuse treatment is not available, offenders shall be placed on a waiting list for treatment. Offenders on a waiting list who are not placed in a substance abuse treatment program prior to release may be eligible for a waiver and receive earned discretionary sentence credit as determined by the Director or his or her designee.
f) No offender who has been convicted of a sex offense, as defined in the Sex Offender Registration Act, committed on or after June 1, 2008 shall be awarded earned discretionary sentence credit unless he or she:
1) Successfully completes or is participating in sex offender treatment as defined by the Sex Offender Management Board (see 20 Ill. Adm. Code 1905); or
2) Receives a waiver due solely to lack of Department resources.
g) Habitual juvenile offenders or violent juvenile offenders shall not be eligible for earned discretionary sentence credit.
(Source: Amended at 45 Ill. Reg. 4432, effective April 1, 2021)