101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2620

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3

    Amends the Unified Code of Corrections. Permits offenders subject to the truth in sentencing provisions of the Code to earn sentence credit for good conduct in specific instances as the Director of Corrections deems proper. Permits offenders subject to the truth in sentencing provisions of the Code to earn sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs. Provides that sentence credit earned shall not reduce the sentence of the prisoner to less than: (1) 75% (rather than 85%) of his or her sentence if the prisoner is required to serve 85% of his or her sentence; and (2) 90% of his or her sentence if the prisoner is required to serve 100% of his or her sentence. Makes conforming changes.


LRB101 11026 SLF 56226 b

 

 

A BILL FOR

 

HB2620LRB101 11026 SLF 56226 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 Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14        (A) successful completion of programming while in
15    custody of the Department or while in custody prior to
16    sentencing;
17        (B) compliance with the rules and regulations of the
18    Department; or
19        (C) service to the institution, service to a community,
20    or service to the State.
21    (2) Except as provided in this Section paragraph (4.7) of
22this subsection (a), the rules and regulations on sentence
23credit shall provide, with respect to offenses listed in clause

 

 

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1(i), (ii), or (iii) of this paragraph (2) committed on or after
2June 19, 1998 or with respect to the offense listed in clause
3(iv) of this paragraph (2) committed on or after June 23, 2005
4(the effective date of Public Act 94-71) or with respect to
5offense listed in clause (vi) committed on or after June 1,
62008 (the effective date of Public Act 95-625) or with respect
7to the offense of being an armed habitual criminal committed on
8or after August 2, 2005 (the effective date of Public Act
994-398) or with respect to the offenses listed in clause (v) of
10this paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990), the following:
17        (i) that a prisoner who is serving a term of
18    imprisonment for first degree murder or for the offense of
19    terrorism shall receive no sentence credit and shall serve
20    the entire sentence imposed by the court;
21        (ii) that a prisoner serving a sentence for attempt to
22    commit terrorism, attempt to commit first degree murder,
23    solicitation of murder, solicitation of murder for hire,
24    intentional homicide of an unborn child, predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, criminal sexual assault, aggravated

 

 

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1    kidnapping, aggravated battery with a firearm as described
2    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3    (e)(4) of Section 12-3.05, heinous battery as described in
4    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
5    being an armed habitual criminal, aggravated battery of a
6    senior citizen as described in Section 12-4.6 or
7    subdivision (a)(4) of Section 12-3.05, or aggravated
8    battery of a child as described in Section 12-4.3 or
9    subdivision (b)(1) of Section 12-3.05 shall receive no more
10    than 4.5 days of sentence credit for each month of his or
11    her sentence of imprisonment;
12        (iii) that a prisoner serving a sentence for home
13    invasion, armed robbery, aggravated vehicular hijacking,
14    aggravated discharge of a firearm, or armed violence with a
15    category I weapon or category II weapon, when the court has
16    made and entered a finding, pursuant to subsection (c-1) of
17    Section 5-4-1 of this Code, that the conduct leading to
18    conviction for the enumerated offense resulted in great
19    bodily harm to a victim, shall receive no more than 4.5
20    days of sentence credit for each month of his or her
21    sentence of imprisonment;
22        (iv) that a prisoner serving a sentence for aggravated
23    discharge of a firearm, whether or not the conduct leading
24    to conviction for the offense resulted in great bodily harm
25    to the victim, shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment;
2        (v) that a person serving a sentence for gunrunning,
3    narcotics racketeering, controlled substance trafficking,
4    methamphetamine trafficking, drug-induced homicide,
5    aggravated methamphetamine-related child endangerment,
6    money laundering pursuant to clause (c) (4) or (5) of
7    Section 29B-1 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, or a Class X felony conviction for delivery
9    of a controlled substance, possession of a controlled
10    substance with intent to manufacture or deliver,
11    calculated criminal drug conspiracy, criminal drug
12    conspiracy, street gang criminal drug conspiracy,
13    participation in methamphetamine manufacturing, aggravated
14    participation in methamphetamine manufacturing, delivery
15    of methamphetamine, possession with intent to deliver
16    methamphetamine, aggravated delivery of methamphetamine,
17    aggravated possession with intent to deliver
18    methamphetamine, methamphetamine conspiracy when the
19    substance containing the controlled substance or
20    methamphetamine is 100 grams or more shall receive no more
21    than 7.5 days sentence credit for each month of his or her
22    sentence of imprisonment;
23        (vi) that a prisoner serving a sentence for a second or
24    subsequent offense of luring a minor shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment; and

 

 

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1        (vii) that a prisoner serving a sentence for aggravated
2    domestic battery shall receive no more than 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment.
5    (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13on or after July 23, 2010 (the effective date of Public Act
1496-1224), and other than the offense of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds, or any combination thereof
17as defined in subparagraph (F) of paragraph (1) of subsection
18(d) of Section 11-501 of the Illinois Vehicle Code, and other
19than the offense of aggravated driving under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25rules and regulations shall provide that a prisoner who is
26serving a term of imprisonment shall receive one day of

 

 

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1sentence credit for each day of his or her sentence of
2imprisonment or recommitment under Section 3-3-9. Each day of
3sentence credit shall reduce by one day the prisoner's period
4of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) Except as provided in this Section paragraph (4.7) of
9this subsection (a), the rules and regulations on sentence
10credit shall provide that a prisoner who is serving a sentence
11for aggravated driving under the influence of alcohol, other
12drug or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of paragraph
14(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15Code, shall receive no more than 4.5 days of sentence credit
16for each month of his or her sentence of imprisonment.
17    (2.4) Except as provided in this Section paragraph (4.7) of
18this subsection (a), the rules and regulations on sentence
19credit shall provide with respect to the offenses of aggravated
20battery with a machine gun or a firearm equipped with any
21device or attachment designed or used for silencing the report
22of a firearm or aggravated discharge of a machine gun or a
23firearm equipped with any device or attachment designed or used
24for silencing the report of a firearm, committed on or after
25July 15, 1999 (the effective date of Public Act 91-121), that a
26prisoner serving a sentence for any of these offenses shall

 

 

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1receive no more than 4.5 days of sentence credit for each month
2of his or her sentence of imprisonment.
3    (2.5) Except as provided in this Section paragraph (4.7) of
4this subsection (a), the rules and regulations on sentence
5credit shall provide that a prisoner who is serving a sentence
6for aggravated arson committed on or after July 27, 2001 (the
7effective date of Public Act 92-176) shall receive no more than
84.5 days of sentence credit for each month of his or her
9sentence of imprisonment.
10    (2.6) Except as provided in this Section paragraph (4.7) of
11this subsection (a), the rules and regulations on sentence
12credit shall provide that a prisoner who is serving a sentence
13for aggravated driving under the influence of alcohol, other
14drug or drugs, or intoxicating compound or compounds or any
15combination thereof as defined in subparagraph (C) of paragraph
16(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17Code committed on or after January 1, 2011 (the effective date
18of Public Act 96-1230) shall receive no more than 4.5 days of
19sentence credit for each month of his or her sentence of
20imprisonment.
21    (3) In addition to the sentence credits earned under
22paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
23the rules and regulations shall also provide that the Director
24may award up to 180 days of earned sentence credit for good
25conduct in specific instances as the Director deems proper. The
26good conduct may include, but is not limited to, compliance

 

 

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1with the rules and regulations of the Department, service to
2the Department, service to a community, or service to the
3State.
4    Notwithstanding any provision of this Code to the contrary,
5on and after the effective date of this amendatory Act of the
6101st General Assembly, the Director may award earned sentence
7credit under this paragraph (3) to persons who are required to
8serve their entire sentence imposed by the court, persons who
9receive no more than 4.5 days of sentence credit for each month
10of his or her sentence of imprisonment, and persons who receive
11no more than 7.5 days sentence credit for each month of his or
12her sentence of imprisonment. A person may not earn sentence
13credit for good conduct in specific instances that occurred
14before the effective date of this amendatory Act of the 101st
15General Assembly. The supplemental sentence credit shall be
16limited as follows:
17        (A) a person who is required to serve the entire
18    sentence imposed by the court may earn not more than 3 days
19    sentence credit for each month of his or her sentence of
20    imprisonment;
21        (B) a person who receives no more than 4.5 days of
22    sentence credit for each month of his or her sentence of
23    imprisonment may earn no more than 7.5 days sentence credit
24    for each month of his or her sentence of imprisonment; and
25        (C) a person who receives no more than 7.5 days
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment may earn no more than 12 days sentence credit
2    for each month of his or her sentence of imprisonment.
3    Eligible inmates for an award of earned sentence credit
4under this paragraph (3) may be selected to receive the credit
5at the Director's or his or her designee's sole discretion.
6Eligibility for the additional earned sentence credit under
7this paragraph (3) shall be based on, but is not limited to,
8the results of any available risk/needs assessment or other
9relevant assessments or evaluations administered by the
10Department using a validated instrument, the circumstances of
11the crime, any history of conviction for a forcible felony
12enumerated in Section 2-8 of the Criminal Code of 2012, the
13inmate's behavior and disciplinary history while incarcerated,
14and the inmate's commitment to rehabilitation, including
15participation in programming offered by the Department.
16    The Director shall not award sentence credit under this
17paragraph (3) to an inmate unless the inmate has served a
18minimum of 60 days of the sentence; except nothing in this
19paragraph shall be construed to permit the Director to extend
20an inmate's sentence beyond that which was imposed by the
21court. Prior to awarding credit under this paragraph (3), the
22Director shall make a written determination that the inmate:
23        (A) is eligible for the earned sentence credit;
24        (B) has served a minimum of 60 days, or as close to 60
25    days as the sentence will allow;
26        (B-1) has received a risk/needs assessment or other

 

 

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1    relevant evaluation or assessment administered by the
2    Department using a validated instrument; and
3        (C) has met the eligibility criteria established by
4    rule for earned sentence credit.
5    The Director shall determine the form and content of the
6written determination required in this subsection.
7    (3.5) The Department shall provide annual written reports
8to the Governor and the General Assembly on the award of earned
9sentence credit no later than February 1 of each year. The
10Department must publish both reports on its website within 48
11hours of transmitting the reports to the Governor and the
12General Assembly. The reports must include:
13        (A) the number of inmates awarded earned sentence
14    credit;
15        (B) the average amount of earned sentence credit
16    awarded;
17        (C) the holding offenses of inmates awarded earned
18    sentence credit; and
19        (D) the number of earned sentence credit revocations.
20    (4) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations shall also provide
22that the sentence credit accumulated and retained under
23paragraph (2.1) of subsection (a) of this Section by any inmate
24during specific periods of time in which such inmate is engaged
25full-time in substance abuse programs, correctional industry
26assignments, educational programs, behavior modification

 

 

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1programs, life skills courses, or re-entry planning provided by
2the Department under this paragraph (4) and satisfactorily
3completes the assigned program as determined by the standards
4of the Department, shall be multiplied by a factor of 1.25 for
5program participation before August 11, 1993 and 1.50 for
6program participation on or after that date. The rules and
7regulations shall also provide that sentence credit, subject to
8the same offense limits and multiplier provided in this
9paragraph, may be provided to an inmate who was held in
10pre-trial detention prior to his or her current commitment to
11the Department of Corrections and successfully completed a
12full-time, 60-day or longer substance abuse program,
13educational program, behavior modification program, life
14skills course, or re-entry planning provided by the county
15department of corrections or county jail. Calculation of this
16county program credit shall be done at sentencing as provided
17in Section 5-4.5-100 of this Code and shall be included in the
18sentencing order. However, no inmate shall be eligible for the
19additional sentence credit under this paragraph (4) or (4.1) of
20this subsection (a) while assigned to a boot camp or electronic
21detention.
22    Educational, vocational, substance abuse, behavior
23modification programs, life skills courses, re-entry planning,
24and correctional industry programs under which sentence credit
25may be increased under this paragraph (4) and paragraph (4.1)
26of this subsection (a) shall be evaluated by the Department on

 

 

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1the basis of documented standards. The Department shall report
2the results of these evaluations to the Governor and the
3General Assembly by September 30th of each year. The reports
4shall include data relating to the recidivism rate among
5program participants.
6    Availability of these programs shall be subject to the
7limits of fiscal resources appropriated by the General Assembly
8for these purposes. Eligible inmates who are denied immediate
9admission shall be placed on a waiting list under criteria
10established by the Department. The inability of any inmate to
11become engaged in any such programs by reason of insufficient
12program resources or for any other reason established under the
13rules and regulations of the Department shall not be deemed a
14cause of action under which the Department or any employee or
15agent of the Department shall be liable for damages to the
16inmate.
17    (4.1) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations shall also provide
19that an additional 90 days of sentence credit shall be awarded
20to any prisoner who passes high school equivalency testing
21while the prisoner is committed to the Department of
22Corrections. The sentence credit awarded under this paragraph
23(4.1) shall be in addition to, and shall not affect, the award
24of sentence credit under any other paragraph of this Section,
25but shall also be pursuant to the guidelines and restrictions
26set forth in paragraph (4) of subsection (a) of this Section.

 

 

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

 

 

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1participate and complete the treatment has not been waived by
2the Director, the prisoner shall be placed on a waiting list
3under criteria established by the Department. The Director may
4allow a prisoner placed on a waiting list to participate in and
5complete a substance abuse education class or attend substance
6abuse self-help meetings in lieu of a substance abuse treatment
7program. A prisoner on a waiting list who is not placed in a
8substance abuse program prior to release may be eligible for a
9waiver and receive sentence credit under clause (3) of this
10subsection (a) at the discretion of the Director.
11    (4.6) The rules and regulations on sentence credit shall
12also provide that a prisoner who has been convicted of a sex
13offense as defined in Section 2 of the Sex Offender
14Registration Act shall receive no sentence credit unless he or
15she either has successfully completed or is participating in
16sex offender treatment as defined by the Sex Offender
17Management Board. However, prisoners who are waiting to receive
18treatment, but who are unable to do so due solely to the lack
19of resources on the part of the Department, may, at the
20Director's sole discretion, be awarded sentence credit at a
21rate as the Director shall determine.
22    (4.7) On or after the effective date of this amendatory Act
23of the 100th General Assembly, sentence credit under paragraph
24(3), (4), or (4.1) of this subsection (a) may be awarded to a
25prisoner who is serving a sentence for an offense described in
26paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

 

 

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1on or after the effective date of this amendatory Act of the
2100th General Assembly; provided, the award of the credits
3under this paragraph (4.7) shall not reduce the sentence of the
4prisoner to less than the following amounts:
5        (i) 75% 85% of his or her sentence if the prisoner is
6    required to serve 85% of his or her sentence; or
7        (ii) 60% of his or her sentence if the prisoner is
8    required to serve 75% of his or her sentence, except if the
9    prisoner is serving a sentence for gunrunning his or her
10    sentence shall not be reduced to less than 75%; or .
11        (iii) 90% of his or her sentence if the prisoner is
12    required to serve 100% of his or her sentence.
13    This paragraph (4.7) shall not apply to a prisoner serving
14a sentence for an offense described in subparagraph (i) of
15paragraph (2) of this subsection (a).
16    (5) Whenever the Department is to release any inmate
17earlier than it otherwise would because of a grant of earned
18sentence credit under paragraph (3) of subsection (a) of this
19Section given at any time during the term, the Department shall
20give reasonable notice of the impending release not less than
2114 days prior to the date of the release to the State's
22Attorney of the county where the prosecution of the inmate took
23place, and if applicable, the State's Attorney of the county
24into which the inmate will be released. The Department must
25also make identification information and a recent photo of the
26inmate being released accessible on the Internet by means of a

 

 

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1hyperlink labeled "Community Notification of Inmate Early
2Release" on the Department's World Wide Web homepage. The
3identification information shall include the inmate's: name,
4any known alias, date of birth, physical characteristics,
5commitment offense and county where conviction was imposed. The
6identification information shall be placed on the website
7within 3 days of the inmate's release and the information may
8not be removed until either: completion of the first year of
9mandatory supervised release or return of the inmate to custody
10of the Department.
11    (b) Whenever a person is or has been committed under
12several convictions, with separate sentences, the sentences
13shall be construed under Section 5-8-4 in granting and
14forfeiting of sentence credit.
15    (c) The Department shall prescribe rules and regulations
16for revoking sentence credit, including revoking sentence
17credit awarded under paragraph (3) of subsection (a) of this
18Section. The Department shall prescribe rules and regulations
19for suspending or reducing the rate of accumulation of sentence
20credit for specific rule violations, during imprisonment.
21These rules and regulations shall provide that no inmate may be
22penalized more than one year of sentence credit for any one
23infraction.
24    When the Department seeks to revoke, suspend or reduce the
25rate of accumulation of any sentence credits for an alleged
26infraction of its rules, it shall bring charges therefor

 

 

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1against the prisoner sought to be so deprived of sentence
2credits before the Prisoner Review Board as provided in
3subparagraph (a)(4) of Section 3-3-2 of this Code, if the
4amount of credit at issue exceeds 30 days or when during any 12
5month period, the cumulative amount of credit revoked exceeds
630 days except where the infraction is committed or discovered
7within 60 days of scheduled release. In those cases, the
8Department of Corrections may revoke up to 30 days of sentence
9credit. The Board may subsequently approve the revocation of
10additional sentence credit, if the Department seeks to revoke
11sentence credit in excess of 30 days. However, the Board shall
12not be empowered to review the Department's decision with
13respect to the loss of 30 days of sentence credit within any
14calendar year for any prisoner or to increase any penalty
15beyond the length requested by the Department.
16    The Director of the Department of Corrections, in
17appropriate cases, may restore up to 30 days of sentence
18credits which have been revoked, suspended or reduced. Any
19restoration of sentence credits in excess of 30 days shall be
20subject to review by the Prisoner Review Board. However, the
21Board may not restore sentence credit in excess of the amount
22requested by the Director.
23    Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

 

 

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1accumulation of sentence credit.
2    (d) If a lawsuit is filed by a prisoner in an Illinois or
3federal court against the State, the Department of Corrections,
4or the Prisoner Review Board, or against any of their officers
5or employees, and the court makes a specific finding that a
6pleading, motion, or other paper filed by the prisoner is
7frivolous, the Department of Corrections shall conduct a
8hearing to revoke up to 180 days of sentence credit by bringing
9charges against the prisoner sought to be deprived of the
10sentence credits before the Prisoner Review Board as provided
11in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
12prisoner has not accumulated 180 days of sentence credit at the
13time of the finding, then the Prisoner Review Board may revoke
14all sentence credit accumulated by the prisoner.
15    For purposes of this subsection (d):
16        (1) "Frivolous" means that a pleading, motion, or other
17    filing which purports to be a legal document filed by a
18    prisoner in his or her lawsuit meets any or all of the
19    following criteria:
20            (A) it lacks an arguable basis either in law or in
21        fact;
22            (B) it is being presented for any improper purpose,
23        such as to harass or to cause unnecessary delay or
24        needless increase in the cost of litigation;
25            (C) the claims, defenses, and other legal
26        contentions therein are not warranted by existing law

 

 

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1        or by a nonfrivolous argument for the extension,
2        modification, or reversal of existing law or the
3        establishment of new law;
4            (D) the allegations and other factual contentions
5        do not have evidentiary support or, if specifically so
6        identified, are not likely to have evidentiary support
7        after a reasonable opportunity for further
8        investigation or discovery; or
9            (E) the denials of factual contentions are not
10        warranted on the evidence, or if specifically so
11        identified, are not reasonably based on a lack of
12        information or belief.
13        (2) "Lawsuit" means a motion pursuant to Section 116-3
14    of the Code of Criminal Procedure of 1963, a habeas corpus
15    action under Article X of the Code of Civil Procedure or
16    under federal law (28 U.S.C. 2254), a petition for claim
17    under the Court of Claims Act, an action under the federal
18    Civil Rights Act (42 U.S.C. 1983), or a second or
19    subsequent petition for post-conviction relief under
20    Article 122 of the Code of Criminal Procedure of 1963
21    whether filed with or without leave of court or a second or
22    subsequent petition for relief from judgment under Section
23    2-1401 of the Code of Civil Procedure.
24    (e) Nothing in Public Act 90-592 or 90-593 affects the
25validity of Public Act 89-404.
26    (f) Whenever the Department is to release any inmate who

 

 

HB2620- 20 -LRB101 11026 SLF 56226 b

1has been convicted of a violation of an order of protection
2under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3the Criminal Code of 2012, earlier than it otherwise would
4because of a grant of sentence credit, the Department, as a
5condition of release, shall require that the person, upon
6release, be placed under electronic surveillance as provided in
7Section 5-8A-7 of this Code.
8(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
9eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575,
10eff. 1-8-18.)