100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2726

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Provides that a committed person who is at least 55 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Prisoner Review Board for participation in the Sentence Modification Program. Provides that a committed person who is serving a sentence, including one who has not yet served the minimum term of the sentence, who is diagnosed as suffering from a terminal condition so as to render the committed person likely to live less than 9 months may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Board. Establishes eligibility requirements for the Program. Provides that an offender who meets the criteria established by this provision and the Department shall be considered by the Department for a reduction of up to 40% of his or her sentence. Provides that after 5 years of successful completion of the Program, the participant may apply to the Board for executive clemency by the Governor, requesting that his or her status be changed to parole or mandatory supervised release or that his or her participation in the Program be extended another 5 years. Retains parole and mandatory supervised release for those not selected for the Program.


LRB100 10174 RLC 20355 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2726LRB100 10174 RLC 20355 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 Sections 3-3-2, 3-3-3, 3-6-3, and 5-8-1 and by adding
6Sections 5-8-1.4, 5-8-1.5, 5-8-1.6, and 5-8-1.7 as follows:
 
7    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
8    Sec. 3-3-2. Powers and duties.
9    (a) The Parole and Pardon Board is abolished and the term
10"Parole and Pardon Board" as used in any law of Illinois, shall
11read "Prisoner Review Board." After the effective date of this
12amendatory Act of 1977, the Prisoner Review Board shall provide
13by rule for the orderly transition of all files, records, and
14documents of the Parole and Pardon Board and for such other
15steps as may be necessary to effect an orderly transition and
16shall:
17        (1) hear by at least one member and through a panel of
18    at least 3 members decide, cases of prisoners who were
19    sentenced under the law in effect prior to the effective
20    date of this amendatory Act of 1977, and who are eligible
21    for parole;
22        (2) hear by at least one member and through a panel of
23    at least 3 members decide, the conditions of parole and the

 

 

HB2726- 2 -LRB100 10174 RLC 20355 b

1    time of discharge from parole, impose sanctions for
2    violations of parole, and revoke parole for those sentenced
3    under the law in effect prior to this amendatory Act of
4    1977; provided that the decision to parole and the
5    conditions of parole for all prisoners who were sentenced
6    for first degree murder or who received a minimum sentence
7    of 20 years or more under the law in effect prior to
8    February 1, 1978 shall be determined by a majority vote of
9    the Prisoner Review Board. One representative supporting
10    parole and one representative opposing parole will be
11    allowed to speak. Their comments shall be limited to making
12    corrections and filling in omissions to the Board's
13    presentation and discussion;
14        (3) hear by at least one member and through a panel of
15    at least 3 members decide, the conditions of mandatory
16    supervised release and the time of discharge from mandatory
17    supervised release, impose sanctions for violations of
18    mandatory supervised release, and revoke mandatory
19    supervised release for those sentenced under the law in
20    effect after the effective date of this amendatory Act of
21    1977;
22        (3.5) hear by at least one member and through a panel
23    of at least 3 members decide, the conditions of mandatory
24    supervised release and the time of discharge from mandatory
25    supervised release, to impose sanctions for violations of
26    mandatory supervised release and revoke mandatory

 

 

HB2726- 3 -LRB100 10174 RLC 20355 b

1    supervised release for those serving extended supervised
2    release terms pursuant to paragraph (4) of subsection (d)
3    of Section 5-8-1;
4        (3.6) hear by at least one member and through a panel
5    of at least 3 members decide whether to revoke aftercare
6    release for those committed to the Department of Juvenile
7    Justice under the Juvenile Court Act of 1987;
8        (4) hear by at least one member and through a panel of
9    at least 3 members, decide cases brought by the Department
10    of Corrections against a prisoner in the custody of the
11    Department for alleged violation of Department rules with
12    respect to sentence credits under Section 3-6-3 of this
13    Code in which the Department seeks to revoke sentence
14    credits, if the amount of time at issue exceeds 30 days or
15    when, during any 12 month period, the cumulative amount of
16    credit revoked exceeds 30 days except where the infraction
17    is committed or discovered within 60 days of scheduled
18    release. In such cases, the Department of Corrections may
19    revoke up to 30 days of sentence credit. The Board may
20    subsequently approve the revocation of additional sentence
21    credit, if the Department seeks to revoke sentence credit
22    in excess of thirty days. However, the Board shall not be
23    empowered to review the Department's decision with respect
24    to the loss of 30 days of sentence credit for any prisoner
25    or to increase any penalty beyond the length requested by
26    the Department;

 

 

HB2726- 4 -LRB100 10174 RLC 20355 b

1        (5) hear by at least one member and through a panel of
2    at least 3 members decide, the release dates for certain
3    prisoners sentenced under the law in existence prior to the
4    effective date of this amendatory Act of 1977, in
5    accordance with Section 3-3-2.1 of this Code;
6        (6) hear by at least one member and through a panel of
7    at least 3 members decide, all requests for pardon,
8    reprieve or commutation, and make confidential
9    recommendations to the Governor;
10        (7) comply with the requirements of the Open Parole
11    Hearings Act;
12        (8) hear by at least one member and, through a panel of
13    at least 3 members, decide cases brought by the Department
14    of Corrections against a prisoner in the custody of the
15    Department for court dismissal of a frivolous lawsuit
16    pursuant to Section 3-6-3(d) of this Code in which the
17    Department seeks to revoke up to 180 days of sentence
18    credit, and if the prisoner has not accumulated 180 days of
19    sentence credit at the time of the dismissal, then all
20    sentence credit accumulated by the prisoner shall be
21    revoked;
22        (9) hear by at least 3 members, and, through a panel of
23    at least 3 members, decide whether to grant certificates of
24    relief from disabilities or certificates of good conduct as
25    provided in Article 5.5 of Chapter V;
26        (10) upon a petition by a person who has been convicted

 

 

HB2726- 5 -LRB100 10174 RLC 20355 b

1    of a Class 3 or Class 4 felony and who meets the
2    requirements of this paragraph, hear by at least 3 members
3    and, with the unanimous vote of a panel of 3 members, issue
4    a certificate of eligibility for sealing recommending that
5    the court order the sealing of all official records of the
6    arresting authority, the circuit court clerk, and the
7    Department of State Police concerning the arrest and
8    conviction for the Class 3 or 4 felony. A person may not
9    apply to the Board for a certificate of eligibility for
10    sealing:
11            (A) until 5 years have elapsed since the expiration
12        of his or her sentence;
13            (B) until 5 years have elapsed since any arrests or
14        detentions by a law enforcement officer for an alleged
15        violation of law, other than a petty offense, traffic
16        offense, conservation offense, or local ordinance
17        offense;
18            (C) if convicted of a violation of the Cannabis
19        Control Act, Illinois Controlled Substances Act, the
20        Methamphetamine Control and Community Protection Act,
21        the Methamphetamine Precursor Control Act, or the
22        Methamphetamine Precursor Tracking Act unless the
23        petitioner has completed a drug abuse program for the
24        offense on which sealing is sought and provides proof
25        that he or she has completed the program successfully;
26            (D) if convicted of:

 

 

HB2726- 6 -LRB100 10174 RLC 20355 b

1                (i) a sex offense described in Article 11 or
2            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
3            the Criminal Code of 1961 or the Criminal Code of
4            2012;
5                (ii) aggravated assault;
6                (iii) aggravated battery;
7                (iv) domestic battery;
8                (v) aggravated domestic battery;
9                (vi) violation of an order of protection;
10                (vii) an offense under the Criminal Code of
11            1961 or the Criminal Code of 2012 involving a
12            firearm;
13                (viii) driving while under the influence of
14            alcohol, other drug or drugs, intoxicating
15            compound or compounds or any combination thereof;
16                (ix) aggravated driving while under the
17            influence of alcohol, other drug or drugs,
18            intoxicating compound or compounds or any
19            combination thereof; or
20                (x) any crime defined as a crime of violence
21            under Section 2 of the Crime Victims Compensation
22            Act.
23        If a person has applied to the Board for a certificate
24    of eligibility for sealing and the Board denies the
25    certificate, the person must wait at least 4 years before
26    filing again or filing for pardon from the Governor unless

 

 

HB2726- 7 -LRB100 10174 RLC 20355 b

1    the Chairman of the Prisoner Review Board grants a waiver.
2        The decision to issue or refrain from issuing a
3    certificate of eligibility for sealing shall be at the
4    Board's sole discretion, and shall not give rise to any
5    cause of action against either the Board or its members.
6        The Board may only authorize the sealing of Class 3 and
7    4 felony convictions of the petitioner from one information
8    or indictment under this paragraph (10). A petitioner may
9    only receive one certificate of eligibility for sealing
10    under this provision for life; and
11        (11) upon a petition by a person who after having been
12    convicted of a Class 3 or Class 4 felony thereafter served
13    in the United States Armed Forces or National Guard of this
14    or any other state and had received an honorable discharge
15    from the United States Armed Forces or National Guard or
16    who at the time of filing the petition is enlisted in the
17    United States Armed Forces or National Guard of this or any
18    other state and served one tour of duty and who meets the
19    requirements of this paragraph, hear by at least 3 members
20    and, with the unanimous vote of a panel of 3 members, issue
21    a certificate of eligibility for expungement recommending
22    that the court order the expungement of all official
23    records of the arresting authority, the circuit court
24    clerk, and the Department of State Police concerning the
25    arrest and conviction for the Class 3 or 4 felony. A person
26    may not apply to the Board for a certificate of eligibility

 

 

HB2726- 8 -LRB100 10174 RLC 20355 b

1    for expungement:
2            (A) if convicted of:
3                (i) a sex offense described in Article 11 or
4            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
5            the Criminal Code of 1961 or Criminal Code of 2012;
6                (ii) an offense under the Criminal Code of 1961
7            or Criminal Code of 2012 involving a firearm; or
8                (iii) a crime of violence as defined in Section
9            2 of the Crime Victims Compensation Act; or
10            (B) if the person has not served in the United
11        States Armed Forces or National Guard of this or any
12        other state or has not received an honorable discharge
13        from the United States Armed Forces or National Guard
14        of this or any other state or who at the time of the
15        filing of the petition is serving in the United States
16        Armed Forces or National Guard of this or any other
17        state and has not completed one tour of duty.
18        If a person has applied to the Board for a certificate
19    of eligibility for expungement and the Board denies the
20    certificate, the person must wait at least 4 years before
21    filing again or filing for a pardon with authorization for
22    expungement from the Governor unless the Governor or
23    Chairman of the Prisoner Review Board grants a waiver.
24    (a-5) The Prisoner Review Board, with the cooperation of
25and in coordination with the Department of Corrections and the
26Department of Central Management Services, shall implement a

 

 

HB2726- 9 -LRB100 10174 RLC 20355 b

1pilot project in 3 correctional institutions providing for the
2conduct of hearings under paragraphs (1) and (4) of subsection
3(a) of this Section through interactive video conferences. The
4project shall be implemented within 6 months after the
5effective date of this amendatory Act of 1996. Within 6 months
6after the implementation of the pilot project, the Prisoner
7Review Board, with the cooperation of and in coordination with
8the Department of Corrections and the Department of Central
9Management Services, shall report to the Governor and the
10General Assembly regarding the use, costs, effectiveness, and
11future viability of interactive video conferences for Prisoner
12Review Board hearings.
13    (b) Upon recommendation of the Department the Board may
14restore sentence credit previously revoked.
15    (c) The Board shall cooperate with the Department in
16promoting an effective system of parole and mandatory
17supervised release.
18    (d) The Board shall promulgate rules for the conduct of its
19work, and the Chairman shall file a copy of such rules and any
20amendments thereto with the Director and with the Secretary of
21State.
22    (e) The Board shall keep records of all of its official
23actions and shall make them accessible in accordance with law
24and the rules of the Board.
25    (f) The Board or one who has allegedly violated the
26conditions of his or her parole, aftercare release, or

 

 

HB2726- 10 -LRB100 10174 RLC 20355 b

1mandatory supervised release may require by subpoena the
2attendance and testimony of witnesses and the production of
3documentary evidence relating to any matter under
4investigation or hearing. The Chairman of the Board may sign
5subpoenas which shall be served by any agent or public official
6authorized by the Chairman of the Board, or by any person
7lawfully authorized to serve a subpoena under the laws of the
8State of Illinois. The attendance of witnesses, and the
9production of documentary evidence, may be required from any
10place in the State to a hearing location in the State before
11the Chairman of the Board or his or her designated agent or
12agents or any duly constituted Committee or Subcommittee of the
13Board. Witnesses so summoned shall be paid the same fees and
14mileage that are paid witnesses in the circuit courts of the
15State, and witnesses whose depositions are taken and the
16persons taking those depositions are each entitled to the same
17fees as are paid for like services in actions in the circuit
18courts of the State. Fees and mileage shall be vouchered for
19payment when the witness is discharged from further attendance.
20    In case of disobedience to a subpoena, the Board may
21petition any circuit court of the State for an order requiring
22the attendance and testimony of witnesses or the production of
23documentary evidence or both. A copy of such petition shall be
24served by personal service or by registered or certified mail
25upon the person who has failed to obey the subpoena, and such
26person shall be advised in writing that a hearing upon the

 

 

HB2726- 11 -LRB100 10174 RLC 20355 b

1petition will be requested in a court room to be designated in
2such notice before the judge hearing motions or extraordinary
3remedies at a specified time, on a specified date, not less
4than 10 nor more than 15 days after the deposit of the copy of
5the written notice and petition in the U.S. mails addressed to
6the person at his last known address or after the personal
7service of the copy of the notice and petition upon such
8person. The court upon the filing of such a petition, may order
9the person refusing to obey the subpoena to appear at an
10investigation or hearing, or to there produce documentary
11evidence, if so ordered, or to give evidence relative to the
12subject matter of that investigation or hearing. Any failure to
13obey such order of the circuit court may be punished by that
14court as a contempt of court.
15    Each member of the Board and any hearing officer designated
16by the Board shall have the power to administer oaths and to
17take the testimony of persons under oath.
18    (g) Except under subsection (a) of this Section, a majority
19of the members then appointed to the Prisoner Review Board
20shall constitute a quorum for the transaction of all business
21of the Board.
22    (h) The Prisoner Review Board shall annually transmit to
23the Director a detailed report of its work for the preceding
24calendar year. The annual report shall also be transmitted to
25the Governor for submission to the Legislature.
26    (i) The Prisoner Review Board may grant participation in

 

 

HB2726- 12 -LRB100 10174 RLC 20355 b

1the Sentence Modification Program for elderly offenders under
2Section 5-8-1.4 and medical parole under Section 5-8-1.5, and
3may establish the terms and conditions of the first-time
4non-violent offender release program as provided in Section
55-8-1.6.
6(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
798-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
8    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
9    Sec. 3-3-3. Eligibility for parole or release.
10    (a) Except for those offenders who accept the fixed release
11date established by the Prisoner Review Board under Section
123-3-2.1 or who are selected for the Sentence Modification
13Program for elderly offenders under Section 5-8-1.4, the
14medical parole under Section 5-8-1.5, or the first-time
15non-violent offender release program as provided in Section
165-8-1.6, every person serving a term of imprisonment under the
17law in effect prior to the effective date of this amendatory
18Act of 1977 shall be eligible for parole when he or she has
19served:
20        (1) the minimum term of an indeterminate sentence less
21    time credit for good behavior, or 20 years less time credit
22    for good behavior, whichever is less; or
23        (2) 20 years of a life sentence less time credit for
24    good behavior; or
25        (3) 20 years or one-third of a determinate sentence,

 

 

HB2726- 13 -LRB100 10174 RLC 20355 b

1    whichever is less, less time credit for good behavior.
2    (b) No person sentenced under this amendatory Act of 1977
3or who accepts a release date under Section 3-3-2.1 shall be
4eligible for parole.
5    (c) Except for those sentenced to a term of natural life
6imprisonment, every person sentenced to imprisonment under
7this amendatory Act of 1977 or given a release date under
8Section 3-3-2.1 of this Act shall serve the full term of a
9determinate sentence less time credit for good behavior and
10shall then be released under the mandatory supervised release
11provisions of paragraph (d) of Section 5-8-1 of this Code.
12    (d) No person serving a term of natural life imprisonment
13may be paroled or released except through executive clemency.
14    (e) Every person committed to the Department of Juvenile
15Justice under the Juvenile Court Act of 1987 and confined in
16the State correctional institutions or facilities if such
17juvenile has not been tried as an adult shall be eligible for
18aftercare release under Section 3-2.5-85 of this Code. However,
19if a juvenile has been tried as an adult he or she shall only be
20eligible for parole or mandatory supervised release as an adult
21under this Section.
22(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
23    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
24    Sec. 3-6-3. Rules and regulations for sentence credit.
25    (a)(1) The Department of Corrections shall prescribe rules

 

 

HB2726- 14 -LRB100 10174 RLC 20355 b

1and regulations for awarding and revoking sentence credit for
2persons committed to the Department which shall be subject to
3review by the Prisoner Review Board.
4    (1.5) As otherwise provided by law, sentence credit may be
5awarded for the following:
6        (A) successful completion of programming while in
7    custody of the Department or while in custody prior to
8    sentencing;
9        (B) compliance with the rules and regulations of the
10    Department; or
11        (C) service to the institution, service to a community,
12    or service to the State.
13    (2) The rules and regulations on sentence credit shall
14provide, with respect to offenses listed in clause (i), (ii),
15or (iii) of this paragraph (2) committed on or after June 19,
161998 or with respect to the offense listed in clause (iv) of
17this paragraph (2) committed on or after June 23, 2005 (the
18effective date of Public Act 94-71) or with respect to offense
19listed in clause (vi) committed on or after June 1, 2008 (the
20effective date of Public Act 95-625) or with respect to the
21offense of being an armed habitual criminal committed on or
22after August 2, 2005 (the effective date of Public Act 94-398)
23or with respect to the offenses listed in clause (v) of this
24paragraph (2) committed on or after August 13, 2007 (the
25effective date of Public Act 95-134) or with respect to the
26offense of aggravated domestic battery committed on or after

 

 

HB2726- 15 -LRB100 10174 RLC 20355 b

1July 23, 2010 (the effective date of Public Act 96-1224) or
2with respect to the offense of attempt to commit terrorism
3committed on or after January 1, 2013 (the effective date of
4Public Act 97-990), the following:
5        (i) that a prisoner who is serving a term of
6    imprisonment for first degree murder or for the offense of
7    terrorism shall receive no sentence credit and shall serve
8    the entire sentence imposed by the court;
9        (ii) that a prisoner serving a sentence for attempt to
10    commit terrorism, attempt to commit first degree murder,
11    solicitation of murder, solicitation of murder for hire,
12    intentional homicide of an unborn child, predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, criminal sexual assault, aggravated
15    kidnapping, aggravated battery with a firearm as described
16    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
17    (e)(4) of Section 12-3.05, heinous battery as described in
18    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
19    being an armed habitual criminal, aggravated battery of a
20    senior citizen as described in Section 12-4.6 or
21    subdivision (a)(4) of Section 12-3.05, or aggravated
22    battery of a child as described in Section 12-4.3 or
23    subdivision (b)(1) of Section 12-3.05 shall receive no more
24    than 4.5 days of sentence credit for each month of his or
25    her sentence of imprisonment;
26        (iii) that a prisoner serving a sentence for home

 

 

HB2726- 16 -LRB100 10174 RLC 20355 b

1    invasion, armed robbery, aggravated vehicular hijacking,
2    aggravated discharge of a firearm, or armed violence with a
3    category I weapon or category II weapon, when the court has
4    made and entered a finding, pursuant to subsection (c-1) of
5    Section 5-4-1 of this Code, that the conduct leading to
6    conviction for the enumerated offense resulted in great
7    bodily harm to a victim, shall receive no more than 4.5
8    days of sentence credit for each month of his or her
9    sentence of imprisonment;
10        (iv) that a prisoner serving a sentence for aggravated
11    discharge of a firearm, whether or not the conduct leading
12    to conviction for the offense resulted in great bodily harm
13    to the victim, shall receive no more than 4.5 days of
14    sentence credit for each month of his or her sentence of
15    imprisonment;
16        (v) that a person serving a sentence for gunrunning,
17    narcotics racketeering, controlled substance trafficking,
18    methamphetamine trafficking, drug-induced homicide,
19    aggravated methamphetamine-related child endangerment,
20    money laundering pursuant to clause (c) (4) or (5) of
21    Section 29B-1 of the Criminal Code of 1961 or the Criminal
22    Code of 2012, or a Class X felony conviction for delivery
23    of a controlled substance, possession of a controlled
24    substance with intent to manufacture or deliver,
25    calculated criminal drug conspiracy, criminal drug
26    conspiracy, street gang criminal drug conspiracy,

 

 

HB2726- 17 -LRB100 10174 RLC 20355 b

1    participation in methamphetamine manufacturing, aggravated
2    participation in methamphetamine manufacturing, delivery
3    of methamphetamine, possession with intent to deliver
4    methamphetamine, aggravated delivery of methamphetamine,
5    aggravated possession with intent to deliver
6    methamphetamine, methamphetamine conspiracy when the
7    substance containing the controlled substance or
8    methamphetamine is 100 grams or more shall receive no more
9    than 7.5 days sentence credit for each month of his or her
10    sentence of imprisonment;
11        (vi) that a prisoner serving a sentence for a second or
12    subsequent offense of luring a minor shall receive no more
13    than 4.5 days of sentence credit for each month of his or
14    her sentence of imprisonment; and
15        (vii) that a prisoner serving a sentence for aggravated
16    domestic battery shall receive no more than 4.5 days of
17    sentence credit for each month of his or her sentence of
18    imprisonment.
19    (2.1) For all offenses, other than those enumerated in
20subdivision (a)(2)(i), (ii), or (iii) committed on or after
21June 19, 1998 or subdivision (a)(2)(iv) committed on or after
22June 23, 2005 (the effective date of Public Act 94-71) or
23subdivision (a)(2)(v) committed on or after August 13, 2007
24(the effective date of Public Act 95-134) or subdivision
25(a)(2)(vi) committed on or after June 1, 2008 (the effective
26date of Public Act 95-625) or subdivision (a)(2)(vii) committed

 

 

HB2726- 18 -LRB100 10174 RLC 20355 b

1on or after July 23, 2010 (the effective date of Public Act
296-1224), and other than the offense of aggravated driving
3under the influence of alcohol, other drug or drugs, or
4intoxicating compound or compounds, or any combination thereof
5as defined in subparagraph (F) of paragraph (1) of subsection
6(d) of Section 11-501 of the Illinois Vehicle Code, and other
7than the offense of aggravated driving under the influence of
8alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof as defined in
10subparagraph (C) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code committed on or after
12January 1, 2011 (the effective date of Public Act 96-1230), the
13rules and regulations shall provide that a prisoner who is
14serving a term of imprisonment shall receive one day of
15sentence credit for each day of his or her sentence of
16imprisonment or recommitment under Section 3-3-9. Each day of
17sentence credit shall reduce by one day the prisoner's period
18of imprisonment or recommitment under Section 3-3-9.
19    (2.2) A prisoner serving a term of natural life
20imprisonment or a prisoner who has been sentenced to death
21shall receive no sentence credit.
22    (2.3) The rules and regulations on sentence credit shall
23provide that a prisoner who is serving a sentence for
24aggravated driving under the influence of alcohol, other drug
25or drugs, or intoxicating compound or compounds, or any
26combination thereof as defined in subparagraph (F) of paragraph

 

 

HB2726- 19 -LRB100 10174 RLC 20355 b

1(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
2Code, shall receive no more than 4.5 days of sentence credit
3for each month of his or her sentence of imprisonment.
4    (2.4) The rules and regulations on sentence credit shall
5provide with respect to the offenses of aggravated battery with
6a machine gun or a firearm equipped with any device or
7attachment designed or used for silencing the report of a
8firearm or aggravated discharge of a machine gun or a firearm
9equipped with any device or attachment designed or used for
10silencing the report of a firearm, committed on or after July
1115, 1999 (the effective date of Public Act 91-121), that a
12prisoner serving a sentence for any of these offenses shall
13receive no more than 4.5 days of sentence credit for each month
14of his or her sentence of imprisonment.
15    (2.5) The rules and regulations on sentence credit shall
16provide that a prisoner who is serving a sentence for
17aggravated arson committed on or after July 27, 2001 (the
18effective date of Public Act 92-176) shall receive no more than
194.5 days of sentence credit for each month of his or her
20sentence of imprisonment.
21    (2.6) The rules and regulations on sentence credit shall
22provide that a prisoner who is serving a sentence for
23aggravated driving under the influence of alcohol, other drug
24or drugs, or intoxicating compound or compounds or any
25combination thereof as defined in subparagraph (C) of paragraph
26(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

 

 

HB2726- 20 -LRB100 10174 RLC 20355 b

1Code committed on or after January 1, 2011 (the effective date
2of Public Act 96-1230) shall receive no more than 4.5 days of
3sentence credit for each month of his or her sentence of
4imprisonment.
5    (3) The rules and regulations shall also provide that the
6Director may award up to 180 days additional sentence credit
7for good conduct in specific instances as the Director deems
8proper. The good conduct may include, but is not limited to,
9compliance with the rules and regulations of the Department,
10service to the Department, service to a community, or service
11to the State. However, the Director shall not award more than
1290 days of sentence credit for good conduct to any prisoner who
13is serving a sentence for conviction of first degree murder,
14reckless homicide while under the influence of alcohol or any
15other drug, or aggravated driving under the influence of
16alcohol, other drug or drugs, or intoxicating compound or
17compounds, or any combination thereof as defined in
18subparagraph (F) of paragraph (1) of subsection (d) of Section
1911-501 of the Illinois Vehicle Code, aggravated kidnapping,
20kidnapping, predatory criminal sexual assault of a child,
21aggravated criminal sexual assault, criminal sexual assault,
22deviate sexual assault, aggravated criminal sexual abuse,
23aggravated indecent liberties with a child, indecent liberties
24with a child, child pornography, heinous battery as described
25in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
26aggravated battery of a spouse, aggravated battery of a spouse

 

 

HB2726- 21 -LRB100 10174 RLC 20355 b

1with a firearm, stalking, aggravated stalking, aggravated
2battery of a child as described in Section 12-4.3 or
3subdivision (b)(1) of Section 12-3.05, endangering the life or
4health of a child, or cruelty to a child. Notwithstanding the
5foregoing, sentence credit for good conduct shall not be
6awarded on a sentence of imprisonment imposed for conviction
7of: (i) one of the offenses enumerated in subdivision
8(a)(2)(i), (ii), or (iii) when the offense is committed on or
9after June 19, 1998 or subdivision (a)(2)(iv) when the offense
10is committed on or after June 23, 2005 (the effective date of
11Public Act 94-71) or subdivision (a)(2)(v) when the offense is
12committed on or after August 13, 2007 (the effective date of
13Public Act 95-134) or subdivision (a)(2)(vi) when the offense
14is committed on or after June 1, 2008 (the effective date of
15Public Act 95-625) or subdivision (a)(2)(vii) when the offense
16is committed on or after July 23, 2010 (the effective date of
17Public Act 96-1224), (ii) aggravated driving under the
18influence of alcohol, other drug or drugs, or intoxicating
19compound or compounds, or any combination thereof as defined in
20subparagraph (F) of paragraph (1) of subsection (d) of Section
2111-501 of the Illinois Vehicle Code, (iii) one of the offenses
22enumerated in subdivision (a)(2.4) when the offense is
23committed on or after July 15, 1999 (the effective date of
24Public Act 91-121), (iv) aggravated arson when the offense is
25committed on or after July 27, 2001 (the effective date of
26Public Act 92-176), (v) offenses that may subject the offender

 

 

HB2726- 22 -LRB100 10174 RLC 20355 b

1to commitment under the Sexually Violent Persons Commitment
2Act, or (vi) aggravated driving under the influence of alcohol,
3other drug or drugs, or intoxicating compound or compounds or
4any combination thereof as defined in subparagraph (C) of
5paragraph (1) of subsection (d) of Section 11-501 of the
6Illinois Vehicle Code committed on or after January 1, 2011
7(the effective date of Public Act 96-1230).
8    Eligible inmates for an award of sentence credit under this
9paragraph (3) may be selected to receive the credit at the
10Director's or his or her designee's sole discretion.
11Consideration may be based on, but not limited to, any
12available risk assessment analysis on the inmate, any history
13of conviction for violent crimes as defined by the Rights of
14Crime Victims and Witnesses Act, facts and circumstances of the
15inmate's holding offense or offenses, and the potential for
16rehabilitation.
17    The Director shall not award sentence credit under this
18paragraph (3) to an inmate unless the inmate has served a
19minimum of 60 days of the sentence; except nothing in this
20paragraph shall be construed to permit the Director to extend
21an inmate's sentence beyond that which was imposed by the
22court. Prior to awarding credit under this paragraph (3), the
23Director shall make a written determination that the inmate:
24        (A) is eligible for the sentence credit;
25        (B) has served a minimum of 60 days, or as close to 60
26    days as the sentence will allow; and

 

 

HB2726- 23 -LRB100 10174 RLC 20355 b

1        (C) has met the eligibility criteria established by
2    rule.
3    The Director shall determine the form and content of the
4written determination required in this subsection.
5    (3.5) The Department shall provide annual written reports
6to the Governor and the General Assembly on the award of
7sentence credit for good conduct, with the first report due
8January 1, 2014. The Department must publish both reports on
9its website within 48 hours of transmitting the reports to the
10Governor and the General Assembly. The reports must include:
11        (A) the number of inmates awarded sentence credit for
12    good conduct;
13        (B) the average amount of sentence credit for good
14    conduct awarded;
15        (C) the holding offenses of inmates awarded sentence
16    credit for good conduct; and
17        (D) the number of sentence credit for good conduct
18    revocations.
19    (4) The rules and regulations shall also provide that the
20sentence credit accumulated and retained under paragraph (2.1)
21of subsection (a) of this Section by any inmate during specific
22periods of time in which such inmate is engaged full-time in
23substance abuse programs, correctional industry assignments,
24educational programs, behavior modification programs, life
25skills courses, or re-entry planning provided by the Department
26under this paragraph (4) and satisfactorily completes the

 

 

HB2726- 24 -LRB100 10174 RLC 20355 b

1assigned program as determined by the standards of the
2Department, shall be multiplied by a factor of 1.25 for program
3participation before August 11, 1993 and 1.50 for program
4participation on or after that date. The rules and regulations
5shall also provide that sentence credit, subject to the same
6offense limits and multiplier provided in this paragraph, may
7be provided to an inmate who was held in pre-trial detention
8prior to his or her current commitment to the Department of
9Corrections and successfully completed a full-time, 60-day or
10longer substance abuse program, educational program, behavior
11modification program, life skills course, or re-entry planning
12provided by the county department of corrections or county
13jail. Calculation of this county program credit shall be done
14at sentencing as provided in Section 5-4.5-100 of this Code and
15shall be included in the sentencing order. However, no inmate
16shall be eligible for the additional sentence credit under this
17paragraph (4) or (4.1) of this subsection (a) while assigned to
18a boot camp or electronic detention, or if convicted of an
19offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
20this Section that is committed on or after June 19, 1998 or
21subdivision (a)(2)(iv) of this Section that is committed on or
22after June 23, 2005 (the effective date of Public Act 94-71) or
23subdivision (a)(2)(v) of this Section that is committed on or
24after August 13, 2007 (the effective date of Public Act 95-134)
25or subdivision (a)(2)(vi) when the offense is committed on or
26after June 1, 2008 (the effective date of Public Act 95-625) or

 

 

HB2726- 25 -LRB100 10174 RLC 20355 b

1subdivision (a)(2)(vii) when the offense is committed on or
2after July 23, 2010 (the effective date of Public Act 96-1224),
3or if convicted of aggravated driving under the influence of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds or any combination thereof as defined in subparagraph
6(F) of paragraph (1) of subsection (d) of Section 11-501 of the
7Illinois Vehicle Code, or if convicted of aggravated driving
8under the influence of alcohol, other drug or drugs, or
9intoxicating compound or compounds or any combination thereof
10as defined in subparagraph (C) of paragraph (1) of subsection
11(d) of Section 11-501 of the Illinois Vehicle Code committed on
12or after January 1, 2011 (the effective date of Public Act
1396-1230), or if convicted of an offense enumerated in paragraph
14(a)(2.4) of this Section that is committed on or after July 15,
151999 (the effective date of Public Act 91-121), or first degree
16murder, a Class X felony, criminal sexual assault, felony
17criminal sexual abuse, aggravated criminal sexual abuse,
18aggravated battery with a firearm as described in Section
1912-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
20Section 12-3.05, or any predecessor or successor offenses with
21the same or substantially the same elements, or any inchoate
22offenses relating to the foregoing offenses. No inmate shall be
23eligible for the additional good conduct credit under this
24paragraph (4) who (i) has previously received increased good
25conduct credit under this paragraph (4) and has subsequently
26been convicted of a felony, or (ii) has previously served more

 

 

HB2726- 26 -LRB100 10174 RLC 20355 b

1than one prior sentence of imprisonment for a felony in an
2adult correctional facility.
3    Educational, vocational, substance abuse, behavior
4modification programs, life skills courses, re-entry planning,
5and correctional industry programs under which sentence credit
6may be increased under this paragraph (4) and paragraph (4.1)
7of this subsection (a) shall be evaluated by the Department on
8the basis of documented standards. The Department shall report
9the results of these evaluations to the Governor and the
10General Assembly by September 30th of each year. The reports
11shall include data relating to the recidivism rate among
12program participants.
13    Availability of these programs shall be subject to the
14limits of fiscal resources appropriated by the General Assembly
15for these purposes. Eligible inmates who are denied immediate
16admission shall be placed on a waiting list under criteria
17established by the Department. The inability of any inmate to
18become engaged in any such programs by reason of insufficient
19program resources or for any other reason established under the
20rules and regulations of the Department shall not be deemed a
21cause of action under which the Department or any employee or
22agent of the Department shall be liable for damages to the
23inmate.
24    (4.1) The rules and regulations shall also provide that an
25additional 90 days of sentence credit shall be awarded to any
26prisoner who passes high school equivalency testing while the

 

 

HB2726- 27 -LRB100 10174 RLC 20355 b

1prisoner is committed to the Department of Corrections. The
2sentence credit awarded under this paragraph (4.1) shall be in
3addition to, and shall not affect, the award of sentence credit
4under any other paragraph of this Section, but shall also be
5pursuant to the guidelines and restrictions set forth in
6paragraph (4) of subsection (a) of this Section. The sentence
7credit provided for in this paragraph shall be available only
8to those prisoners who have not previously earned a high school
9diploma or a high school equivalency certificate. If, after an
10award of the high school equivalency testing sentence credit
11has been made, the Department determines that the prisoner was
12not eligible, then the award shall be revoked. The Department
13may also award 90 days of sentence credit to any committed
14person who passed high school equivalency testing while he or
15she was held in pre-trial detention prior to the current
16commitment to the Department of Corrections.
17    (4.5) The rules and regulations on sentence credit shall
18also provide that when the court's sentencing order recommends
19a prisoner for substance abuse treatment and the crime was
20committed on or after September 1, 2003 (the effective date of
21Public Act 93-354), the prisoner shall receive no sentence
22credit awarded under clause (3) of this subsection (a) unless
23he or she participates in and completes a substance abuse
24treatment program. The Director may waive the requirement to
25participate in or complete a substance abuse treatment program
26and award the sentence credit in specific instances if the

 

 

HB2726- 28 -LRB100 10174 RLC 20355 b

1prisoner is not a good candidate for a substance abuse
2treatment program for medical, programming, or operational
3reasons. Availability of substance abuse treatment shall be
4subject to the limits of fiscal resources appropriated by the
5General Assembly for these purposes. If treatment is not
6available and the requirement to participate and complete the
7treatment has not been waived by the Director, the prisoner
8shall be placed on a waiting list under criteria established by
9the Department. The Director may allow a prisoner placed on a
10waiting list to participate in and complete a substance abuse
11education class or attend substance abuse self-help meetings in
12lieu of a substance abuse treatment program. A prisoner on a
13waiting list who is not placed in a substance abuse program
14prior to release may be eligible for a waiver and receive
15sentence credit under clause (3) of this subsection (a) at the
16discretion of the Director.
17    (4.6) The rules and regulations on sentence credit shall
18also provide that a prisoner who has been convicted of a sex
19offense as defined in Section 2 of the Sex Offender
20Registration Act shall receive no sentence credit unless he or
21she either has successfully completed or is participating in
22sex offender treatment as defined by the Sex Offender
23Management Board. However, prisoners who are waiting to receive
24treatment, but who are unable to do so due solely to the lack
25of resources on the part of the Department, may, at the
26Director's sole discretion, be awarded sentence credit at a

 

 

HB2726- 29 -LRB100 10174 RLC 20355 b

1rate as the Director shall determine.
2    (4.7) The rules and regulations on sentence credit shall
3also provide that the Department may grant sentence credit to a
4first-time non-violent offender under Section 5-8-1.6 of this
5Code; but in no event may the grant of the credit reduce the
6prisoner's sentence below 40% of the sentence imposed by the
7court.
8    (5) Whenever the Department is to release any inmate
9earlier than it otherwise would because of a grant of sentence
10credit for good conduct under paragraph (3) of subsection (a)
11of this Section given at any time during the term, the
12Department shall give reasonable notice of the impending
13release not less than 14 days prior to the date of the release
14to the State's Attorney of the county where the prosecution of
15the inmate took place, and if applicable, the State's Attorney
16of the county into which the inmate will be released. The
17Department must also make identification information and a
18recent photo of the inmate being released accessible on the
19Internet by means of a hyperlink labeled "Community
20Notification of Inmate Early Release" on the Department's World
21Wide Web homepage. The identification information shall
22include the inmate's: name, any known alias, date of birth,
23physical characteristics, commitment offense and county where
24conviction was imposed. The identification information shall
25be placed on the website within 3 days of the inmate's release
26and the information may not be removed until either: completion

 

 

HB2726- 30 -LRB100 10174 RLC 20355 b

1of the first year of mandatory supervised release or return of
2the inmate to custody of the Department.
3    (b) Whenever a person is or has been committed under
4several convictions, with separate sentences, the sentences
5shall be construed under Section 5-8-4 in granting and
6forfeiting of sentence credit.
7    (c) The Department shall prescribe rules and regulations
8for revoking sentence credit, including revoking sentence
9credit awarded for good conduct under paragraph (3) of
10subsection (a) of this Section. The Department shall prescribe
11rules and regulations for suspending or reducing the rate of
12accumulation of sentence credit for specific rule violations,
13during imprisonment. These rules and regulations shall provide
14that no inmate may be penalized more than one year of sentence
15credit for any one infraction.
16    When the Department seeks to revoke, suspend or reduce the
17rate of accumulation of any sentence credits for an alleged
18infraction of its rules, it shall bring charges therefor
19against the prisoner sought to be so deprived of sentence
20credits before the Prisoner Review Board as provided in
21subparagraph (a)(4) of Section 3-3-2 of this Code, if the
22amount of credit at issue exceeds 30 days or when during any 12
23month period, the cumulative amount of credit revoked exceeds
2430 days except where the infraction is committed or discovered
25within 60 days of scheduled release. In those cases, the
26Department of Corrections may revoke up to 30 days of sentence

 

 

HB2726- 31 -LRB100 10174 RLC 20355 b

1credit. The Board may subsequently approve the revocation of
2additional sentence credit, if the Department seeks to revoke
3sentence credit in excess of 30 days. However, the Board shall
4not be empowered to review the Department's decision with
5respect to the loss of 30 days of sentence credit within any
6calendar year for any prisoner or to increase any penalty
7beyond the length requested by the Department.
8    The Director of the Department of Corrections, in
9appropriate cases, may restore up to 30 days of sentence
10credits which have been revoked, suspended or reduced. Any
11restoration of sentence credits in excess of 30 days shall be
12subject to review by the Prisoner Review Board. However, the
13Board may not restore sentence credit in excess of the amount
14requested by the Director.
15    Nothing contained in this Section shall prohibit the
16Prisoner Review Board from ordering, pursuant to Section
173-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
18sentence imposed by the court that was not served due to the
19accumulation of sentence credit.
20    (d) If a lawsuit is filed by a prisoner in an Illinois or
21federal court against the State, the Department of Corrections,
22or the Prisoner Review Board, or against any of their officers
23or employees, and the court makes a specific finding that a
24pleading, motion, or other paper filed by the prisoner is
25frivolous, the Department of Corrections shall conduct a
26hearing to revoke up to 180 days of sentence credit by bringing

 

 

HB2726- 32 -LRB100 10174 RLC 20355 b

1charges against the prisoner sought to be deprived of the
2sentence credits before the Prisoner Review Board as provided
3in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
4prisoner has not accumulated 180 days of sentence credit at the
5time of the finding, then the Prisoner Review Board may revoke
6all sentence credit accumulated by the prisoner.
7    For purposes of this subsection (d):
8        (1) "Frivolous" means that a pleading, motion, or other
9    filing which purports to be a legal document filed by a
10    prisoner in his or her lawsuit meets any or all of the
11    following criteria:
12            (A) it lacks an arguable basis either in law or in
13        fact;
14            (B) it is being presented for any improper purpose,
15        such as to harass or to cause unnecessary delay or
16        needless increase in the cost of litigation;
17            (C) the claims, defenses, and other legal
18        contentions therein are not warranted by existing law
19        or by a nonfrivolous argument for the extension,
20        modification, or reversal of existing law or the
21        establishment of new law;
22            (D) the allegations and other factual contentions
23        do not have evidentiary support or, if specifically so
24        identified, are not likely to have evidentiary support
25        after a reasonable opportunity for further
26        investigation or discovery; or

 

 

HB2726- 33 -LRB100 10174 RLC 20355 b

1            (E) the denials of factual contentions are not
2        warranted on the evidence, or if specifically so
3        identified, are not reasonably based on a lack of
4        information or belief.
5        (2) "Lawsuit" means a motion pursuant to Section 116-3
6    of the Code of Criminal Procedure of 1963, a habeas corpus
7    action under Article X of the Code of Civil Procedure or
8    under federal law (28 U.S.C. 2254), a petition for claim
9    under the Court of Claims Act, an action under the federal
10    Civil Rights Act (42 U.S.C. 1983), or a second or
11    subsequent petition for post-conviction relief under
12    Article 122 of the Code of Criminal Procedure of 1963
13    whether filed with or without leave of court or a second or
14    subsequent petition for relief from judgment under Section
15    2-1401 of the Code of Civil Procedure.
16    (e) Nothing in Public Act 90-592 or 90-593 affects the
17validity of Public Act 89-404.
18    (f) Whenever the Department is to release any inmate who
19has been convicted of a violation of an order of protection
20under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
21the Criminal Code of 2012, earlier than it otherwise would
22because of a grant of sentence credit, the Department, as a
23condition of release, shall require that the person, upon
24release, be placed under electronic surveillance as provided in
25Section 5-8A-7 of this Code.
26(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

 

 

HB2726- 34 -LRB100 10174 RLC 20355 b

1eff. 1-1-16; 99-642, eff. 7-28-16.)
 
2    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
3    Sec. 5-8-1. Natural life imprisonment; enhancements for
4use of a firearm; mandatory supervised release terms.
5    (a) Except as otherwise provided in the statute defining
6the offense or in Article 4.5 of Chapter V and except as
7otherwise provided in Sections 5-8-1.4, 5-8-1.5, or 5-8-1.6, a
8sentence of imprisonment for a felony shall be a determinate
9sentence set by the court under this Section, according to the
10following limitations:
11        (1) for first degree murder,
12            (a) (blank),
13            (b) if a trier of fact finds beyond a reasonable
14        doubt that the murder was accompanied by exceptionally
15        brutal or heinous behavior indicative of wanton
16        cruelty or, except as set forth in subsection (a)(1)(c)
17        of this Section, that any of the aggravating factors
18        listed in subsection (b) or (b-5) of Section 9-1 of the
19        Criminal Code of 1961 or the Criminal Code of 2012 are
20        present, the court may sentence the defendant, subject
21        to Section 5-4.5-105, to a term of natural life
22        imprisonment, or
23            (c) the court shall sentence the defendant to a
24        term of natural life imprisonment if the defendant, at
25        the time of the commission of the murder, had attained

 

 

HB2726- 35 -LRB100 10174 RLC 20355 b

1        the age of 18, and
2                (i) has previously been convicted of first
3            degree murder under any state or federal law, or
4                (ii) is found guilty of murdering more than one
5            victim, or
6                (iii) is found guilty of murdering a peace
7            officer, fireman, or emergency management worker
8            when the peace officer, fireman, or emergency
9            management worker was killed in the course of
10            performing his official duties, or to prevent the
11            peace officer or fireman from performing his
12            official duties, or in retaliation for the peace
13            officer, fireman, or emergency management worker
14            from performing his official duties, and the
15            defendant knew or should have known that the
16            murdered individual was a peace officer, fireman,
17            or emergency management worker, or
18                (iv) is found guilty of murdering an employee
19            of an institution or facility of the Department of
20            Corrections, or any similar local correctional
21            agency, when the employee was killed in the course
22            of performing his official duties, or to prevent
23            the employee from performing his official duties,
24            or in retaliation for the employee performing his
25            official duties, or
26                (v) is found guilty of murdering an emergency

 

 

HB2726- 36 -LRB100 10174 RLC 20355 b

1            medical technician - ambulance, emergency medical
2            technician - intermediate, emergency medical
3            technician - paramedic, ambulance driver or other
4            medical assistance or first aid person while
5            employed by a municipality or other governmental
6            unit when the person was killed in the course of
7            performing official duties or to prevent the
8            person from performing official duties or in
9            retaliation for performing official duties and the
10            defendant knew or should have known that the
11            murdered individual was an emergency medical
12            technician - ambulance, emergency medical
13            technician - intermediate, emergency medical
14            technician - paramedic, ambulance driver, or other
15            medical assistant or first aid personnel, or
16                (vi) (blank), or
17                (vii) is found guilty of first degree murder
18            and the murder was committed by reason of any
19            person's activity as a community policing
20            volunteer or to prevent any person from engaging in
21            activity as a community policing volunteer. For
22            the purpose of this Section, "community policing
23            volunteer" has the meaning ascribed to it in
24            Section 2-3.5 of the Criminal Code of 2012.
25            For purposes of clause (v), "emergency medical
26        technician - ambulance", "emergency medical technician -

 

 

HB2726- 37 -LRB100 10174 RLC 20355 b

1         intermediate", "emergency medical technician -
2        paramedic", have the meanings ascribed to them in the
3        Emergency Medical Services (EMS) Systems Act.
4            (d) (i) if the person committed the offense while
5            armed with a firearm, 15 years shall be added to
6            the term of imprisonment imposed by the court;
7                (ii) if, during the commission of the offense,
8            the person personally discharged a firearm, 20
9            years shall be added to the term of imprisonment
10            imposed by the court;
11                (iii) if, during the commission of the
12            offense, the person personally discharged a
13            firearm that proximately caused great bodily harm,
14            permanent disability, permanent disfigurement, or
15            death to another person, 25 years or up to a term
16            of natural life shall be added to the term of
17            imprisonment imposed by the court.
18        (2) (blank);
19        (2.5) for a person who has attained the age of 18 years
20    at the time of the commission of the offense and who is
21    convicted under the circumstances described in subdivision
22    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
23    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
24    or paragraph (2) of subsection (d) of Section 12-14,
25    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
26    of subsection (b) of Section 12-14.1, subdivision (b)(2) of

 

 

HB2726- 38 -LRB100 10174 RLC 20355 b

1    Section 11-1.40 or paragraph (2) of subsection (b) of
2    Section 12-14.1 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, the sentence shall be a term of
4    natural life imprisonment.
5    (b) (Blank).
6    (c) (Blank).
7    (d) Subject to earlier termination under Section 3-3-8, the
8parole or mandatory supervised release term shall be written as
9part of the sentencing order and shall be as follows:
10        (1) for first degree murder or a Class X felony except
11    for the offenses of predatory criminal sexual assault of a
12    child, aggravated criminal sexual assault, and criminal
13    sexual assault if committed on or after the effective date
14    of this amendatory Act of the 94th General Assembly and
15    except for the offense of aggravated child pornography
16    under Section 11-20.1B, 11-20.3, or 11-20.1 with
17    sentencing under subsection (c-5) of Section 11-20.1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012, if
19    committed on or after January 1, 2009, 3 years;
20        (2) for a Class 1 felony or a Class 2 felony except for
21    the offense of criminal sexual assault if committed on or
22    after the effective date of this amendatory Act of the 94th
23    General Assembly and except for the offenses of manufacture
24    and dissemination of child pornography under clauses
25    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
26    of 1961 or the Criminal Code of 2012, if committed on or

 

 

HB2726- 39 -LRB100 10174 RLC 20355 b

1    after January 1, 2009, 2 years;
2        (3) for a Class 3 felony or a Class 4 felony, 1 year;
3        (4) for defendants who commit the offense of predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, or criminal sexual assault, on or after the
6    effective date of this amendatory Act of the 94th General
7    Assembly, or who commit the offense of aggravated child
8    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
9    with sentencing under subsection (c-5) of Section 11-20.1
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    manufacture of child pornography, or dissemination of
12    child pornography after January 1, 2009, the term of
13    mandatory supervised release shall range from a minimum of
14    3 years to a maximum of the natural life of the defendant;
15        (5) if the victim is under 18 years of age, for a
16    second or subsequent offense of aggravated criminal sexual
17    abuse or felony criminal sexual abuse, 4 years, at least
18    the first 2 years of which the defendant shall serve in an
19    electronic home detention program under Article 8A of
20    Chapter V of this Code;
21        (6) for a felony domestic battery, aggravated domestic
22    battery, stalking, aggravated stalking, and a felony
23    violation of an order of protection, 4 years.
24    (e) (Blank).
25    (f) (Blank).
26(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
 

 

 

HB2726- 40 -LRB100 10174 RLC 20355 b

1    (730 ILCS 5/5-8-1.4 new)
2    Sec. 5-8-1.4. Sentence Modification Program for elderly
3offenders.
4    (a) A committed person as defined in subsection (c) of
5Section 3-1-2 of this Code who is at least 55 years of age and
6who has served at least 25 consecutive years of imprisonment in
7a Department of Corrections institution or facility may
8petition the Prisoner Review Board ("Board") for participation
9in the Sentence Modification Program ("Program") as provided in
10this Section. The petition shall, in the first instance, be
11screened by the Department of Corrections, which shall
12determine whether the petitioner should be considered for
13participation in the Program. The Department of Corrections
14shall review the criminal history of the petitioner and the
15petitioner's conduct while incarcerated in a facility or
16facilities of the Department of Corrections. The Department
17shall administer a risk assessment and medical, psychological,
18and psychiatric assessments of the petitioner before
19submitting the petition to the Board. No more than 100
20committed persons shall be allowed to participate in the
21Program. If the Department determines that the petitioner
22should be so considered, it shall submit the petition to the
23Board. The Board shall notify the victims and the families of
24the victims of the committed person's offenses within 30 days
25after receiving the petition and shall provide an opportunity

 

 

HB2726- 41 -LRB100 10174 RLC 20355 b

1for the victims and their families to submit statements in
2support of or opposition to the petitioner's participation in
3the Program.
4    (b) The petition shall contain reasons why the committed
5person should be granted participation in the Program and, when
6possible, should provide relevant documentation and statements
7of support.
8    (c) The Board shall render its decision about the committed
9person's petition within a reasonable time after the petition
10has been filed. In deciding whether to grant or deny the
11petitioner participation in the Program, the Board shall
12consider whether the petitioner documents and demonstrates the
13following:
14        (1) successful participation in programs designed to
15    restore the committed person to a useful and productive
16    life upon release (including educational programs and
17    programs designed to deal with substance abuse or other
18    issues) and, if those programs are not available,
19    information demonstrating that the committed person has
20    attempted to participate in those programs or has engaged
21    in self-education programs, correspondence courses, or
22    other self-improvement efforts;
23        (2) the genuine reform and changed behavior the
24    committed person has demonstrated over a period of years;
25        (3) the committed person's remorse for actions that
26    have caused pain and suffering to victims of his or her

 

 

HB2726- 42 -LRB100 10174 RLC 20355 b

1    offenses;
2        (4) the committed person's ability to socialize with
3    others in an acceptable manner;
4        (5) the committed person's renunciation of criminal
5    activity and gang affiliation if the committed person was a
6    member of a gang; and
7        (6) an appropriate plan for living arrangements, which
8    indicates if the person intends to seek admission to a
9    nursing facility and the name of the facility if known,
10    financial support, and any medical care that will be needed
11    when the committed person returns to society.
12    (d) The Board shall consider the petition in its entirety
13and shall not order the release of the committed person if it
14finds that the committed person poses a threat to public
15safety. If the Board determines that a committed person is
16eligible for participation in the Program and that the
17committed person should participate in the Program, the Board
18shall set the conditions for the committed person's release
19from prison before the expiration of his or her sentence. If
20the committed person's plan for living arrangements under
21paragraph (6) of subsection (c) of this Section includes
22relocation to a nursing facility, the Board shall notify the
23facility of the committed person's intent at least 30 days
24prior to the committed person's release. The Board shall, prior
25to the committed person's release, arrange for the committed
26person to be prescreened under Section 4.03 of the Illinois Act

 

 

HB2726- 43 -LRB100 10174 RLC 20355 b

1on the Aging and to make application for Medicaid Long Term
2Care services and the Board shall transmit to the facility
3prior to the committed person's admission documentation of the
4prescreening and the committed person's eligibility for
5Medicaid Long Term Care services, and the committed person's
6prison and criminal history. The later shall serve to meet the
7nursing facilities obligation to perform a background check.
8When granting participation in the Program, the Board may
9require the committed person, for a period of time upon
10release, to participate in community service or to wear an
11electronic monitoring device, or both. Upon request of the
12victim or the victim's family, the Board may issue a protective
13order requiring the committed person to avoid all contact with
14specified persons. For the purpose of this Section, "nursing
15facility" means a facility licensed under the Nursing Home Care
16Act.
17    (e) A petition for participation in the Program under the
18provisions of this Section may be submitted annually, except
19that if the Board denies a petition, it may order that the
20committed person may not file a new petition for up to 3 years
21from the date of denial, if the Board finds that it is not
22reasonable to expect that it would grant a petition filed
23earlier.
24    (f) The action of a majority of the Board members voting on
25the petition shall be the action of the Board.
26    (g) The victim or the victim's family shall be notified of

 

 

HB2726- 44 -LRB100 10174 RLC 20355 b

1any public meeting at which the Board intends to deliberate on
2the committed person's participation in the Program.
3    (h) The conditions of the Program shall include 15 hours of
4weekly community service approved by the Board. Twenty percent
5of the money earned by the participant in the Program shall be
6deducted from the participant's wages and donated by the
7administrator of the Program to a victim's organization.
8    (i) After 5 years of successful completion of the Program,
9the participant may apply to the Board for executive clemency
10by the Governor under Section 3-3-13, requesting that his or
11her status changed to parole or mandatory supervised release or
12that his or her participation in the Program be extended
13another 5 years.
 
14    (730 ILCS 5/5-8-1.5 new)
15    Sec. 5-8-1.5. Medical parole. Notwithstanding any other
16provision of law to the contrary, any committed person who is
17serving a sentence, including one who has not yet served the
18minimum term of the sentence, who is diagnosed as suffering
19from a terminal condition so as to render the committed person
20likely to live less than 9 months may be released on medical
21parole to a hospital, hospice, other licensed inpatient
22facility, or suitable housing accommodation as specified by the
23Board. The Department shall promptly notify the Board upon
24receipt of medical information that a committed person has a
25diagnosis of a terminal condition with less than 9 months to

 

 

HB2726- 45 -LRB100 10174 RLC 20355 b

1live which prevents him or her from filing a petition on his or
2her own. As used in this Section, "other licensed inpatient
3facility" or "suitable housing accommodation" does not include
4a facility licensed under the Nursing Home Care Act.
 
5    (730 ILCS 5/5-8-1.6 new)
6    Sec. 5-8-1.6. First-time non-violent offenders.
7    (a) In this Section, "first-time non-violent offender"
8means a person who has not been previously convicted of a
9felony or misdemeanor and who is serving sentence for an
10offense which is not a violent crime as defined in Section 3 of
11the Rights of Crime Victims and Witnesses Act.
12    (b) The Department of Corrections shall review first-time
13non-violent offenders to determine their eligibility for the
14Sentence Modification Program. To be eligible for the Program,
15the committed person must be a first time non-violent offender.
16The Department of Corrections shall review the criminal history
17of the offender and the offender's conduct while incarcerated
18in a facility or facilities of the Department of Corrections.
19The Department shall administer a risk assessment and medical,
20psychological, and psychiatric assessments of an offender
21before admission into the Program. An offender who meets the
22criteria established by this Section and the Department shall
23be considered by the Department for a reduction of up to 40% of
24his or her sentence.
25    (c) The Prisoner Review Board shall determine the

 

 

HB2726- 46 -LRB100 10174 RLC 20355 b

1conditions of the Program which shall include 15 hours of
2weekly community service approved by the Board and that 20% of
3the money earned by the participant in the Program shall be
4deducted from the participant's wages and donated by the
5administrator of the Program to a victim's organization.
 
6    (730 ILCS 5/5-8-1.7 new)
7    Sec. 5-8-1.7. Reports. The Department of Corrections and
8the Prisoner Review Board shall jointly submit reports to
9General Assembly on the programs established in Sections
105-8-1.4, 5-8-1.5, and 5-8-1.6. The Department and the Prisoner
11Review Board shall jointly submit an annual report to the
12General Assembly evaluating the programs established in
13Sections 5-8-1.4, 5-8-1.5, and 5-8-1.6 and recommending
14whether any of the programs shall be continued, modified, or
15discontinued.

 

 

HB2726- 47 -LRB100 10174 RLC 20355 b

1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
4    730 ILCS 5/3-3-3from Ch. 38, par. 1003-3-3
5    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
6    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
7    730 ILCS 5/5-8-1.4 new
8    730 ILCS 5/5-8-1.5 new
9    730 ILCS 5/5-8-1.6 new
10    730 ILCS 5/5-8-1.7 new