Sen. Kimberly A. Lightford

Filed: 3/17/2020

 

 


 

 


 
10100SB2054sam002LRB101 11031 RLC 71479 a

1
AMENDMENT TO SENATE BILL 2054

2    AMENDMENT NO. ______. Amend Senate Bill 2054 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

10100SB2054sam002- 2 -LRB101 11031 RLC 71479 a

1        (B) compliance with the rules and regulations of the
2    Department; or
3        (C) service to the institution, service to a community,
4    or service to the State.
5    (2) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide, with respect to offenses listed in clause (i),
8(ii), or (iii) of this paragraph (2) committed on or after June
919, 1998 or with respect to the offense listed in clause (iv)
10of this paragraph (2) committed on or after June 23, 2005 (the
11effective date of Public Act 94-71) or with respect to offense
12listed in clause (vi) committed on or after June 1, 2008 (the
13effective date of Public Act 95-625) or with respect to the
14offense of being an armed habitual criminal committed on or
15after August 2, 2005 (the effective date of Public Act 94-398)
16or with respect to the offenses listed in clause (v) of this
17paragraph (2) committed on or after August 13, 2007 (the
18effective date of Public Act 95-134) or with respect to the
19offense of aggravated domestic battery committed on or after
20July 23, 2010 (the effective date of Public Act 96-1224) or
21with respect to the offense of attempt to commit terrorism
22committed on or after January 1, 2013 (the effective date of
23Public Act 97-990), the following:
24        (i) that a prisoner who is serving a term of
25    imprisonment for first degree murder or for the offense of
26    terrorism shall receive no sentence credit and shall serve

 

 

10100SB2054sam002- 3 -LRB101 11031 RLC 71479 a

1    the entire sentence imposed by the court;
2        (ii) that a prisoner serving a sentence for attempt to
3    commit terrorism, attempt to commit first degree murder,
4    solicitation of murder, solicitation of murder for hire,
5    intentional homicide of an unborn child, predatory
6    criminal sexual assault of a child, aggravated criminal
7    sexual assault, criminal sexual assault, aggravated
8    kidnapping, aggravated battery with a firearm as described
9    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
10    (e)(4) of Section 12-3.05, heinous battery as described in
11    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
12    being an armed habitual criminal, aggravated battery of a
13    senior citizen as described in Section 12-4.6 or
14    subdivision (a)(4) of Section 12-3.05, or aggravated
15    battery of a child as described in Section 12-4.3 or
16    subdivision (b)(1) of Section 12-3.05 shall receive no more
17    than 4.5 days of sentence credit for each month of his or
18    her sentence of imprisonment;
19        (iii) that a prisoner serving a sentence for home
20    invasion, armed robbery, aggravated vehicular hijacking,
21    aggravated discharge of a firearm, or armed violence with a
22    category I weapon or category II weapon, when the court has
23    made and entered a finding, pursuant to subsection (c-1) of
24    Section 5-4-1 of this Code, that the conduct leading to
25    conviction for the enumerated offense resulted in great
26    bodily harm to a victim, shall receive no more than 4.5

 

 

10100SB2054sam002- 4 -LRB101 11031 RLC 71479 a

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

 

 

10100SB2054sam002- 5 -LRB101 11031 RLC 71479 a

1    methamphetamine is 100 grams or more shall receive no more
2    than 7.5 days sentence credit for each month of his or her
3    sentence of imprisonment;
4        (vi) that a prisoner serving a sentence for a second or
5    subsequent offense of luring a minor shall receive no more
6    than 4.5 days of sentence credit for each month of his or
7    her sentence of imprisonment; and
8        (vii) that a prisoner serving a sentence for aggravated
9    domestic battery shall receive no more than 4.5 days of
10    sentence credit for each month of his or her sentence of
11    imprisonment.
12    (2.1) For all offenses, other than those enumerated in
13subdivision (a)(2)(i), (ii), or (iii) committed on or after
14June 19, 1998 or subdivision (a)(2)(iv) committed on or after
15June 23, 2005 (the effective date of Public Act 94-71) or
16subdivision (a)(2)(v) committed on or after August 13, 2007
17(the effective date of Public Act 95-134) or subdivision
18(a)(2)(vi) committed on or after June 1, 2008 (the effective
19date of Public Act 95-625) or subdivision (a)(2)(vii) committed
20on or after July 23, 2010 (the effective date of Public Act
2196-1224), and other than the offense of aggravated driving
22under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds, or any combination thereof
24as defined in subparagraph (F) of paragraph (1) of subsection
25(d) of Section 11-501 of the Illinois Vehicle Code, and other
26than the offense of aggravated driving under the influence of

 

 

10100SB2054sam002- 6 -LRB101 11031 RLC 71479 a

1alcohol, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof as defined in
3subparagraph (C) of paragraph (1) of subsection (d) of Section
411-501 of the Illinois Vehicle Code committed on or after
5January 1, 2011 (the effective date of Public Act 96-1230), the
6rules and regulations shall provide that a prisoner who is
7serving a term of imprisonment shall receive one day of
8sentence credit for each day of his or her sentence of
9imprisonment or recommitment under Section 3-3-9. Each day of
10sentence credit shall reduce by one day the prisoner's period
11of imprisonment or recommitment under Section 3-3-9.
12    (2.2) A prisoner serving a term of natural life
13imprisonment or a prisoner who has been sentenced to death
14shall receive no sentence credit.
15    (2.3) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide that a prisoner who is serving a sentence for
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof as defined in subparagraph (F) of paragraph
21(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22Code, shall receive no more than 4.5 days of sentence credit
23for each month of his or her sentence of imprisonment.
24    (2.4) Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations on sentence credit
26shall provide with respect to the offenses of aggravated

 

 

10100SB2054sam002- 7 -LRB101 11031 RLC 71479 a

1battery with a machine gun or a firearm equipped with any
2device or attachment designed or used for silencing the report
3of a firearm or aggravated discharge of a machine gun or a
4firearm equipped with any device or attachment designed or used
5for silencing the report of a firearm, committed on or after
6July 15, 1999 (the effective date of Public Act 91-121), that a
7prisoner serving a sentence for any of these offenses shall
8receive no more than 4.5 days of sentence credit for each month
9of his or her sentence of imprisonment.
10    (2.5) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated arson committed on or after July 27, 2001 (the
14effective date of Public Act 92-176) shall receive no more than
154.5 days of sentence credit for each month of his or her
16sentence of imprisonment.
17    (2.6) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide that a prisoner who is serving a sentence for
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds or any
22combination thereof as defined in subparagraph (C) of paragraph
23(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
24Code committed on or after January 1, 2011 (the effective date
25of Public Act 96-1230) shall receive no more than 4.5 days of
26sentence credit for each month of his or her sentence of

 

 

10100SB2054sam002- 8 -LRB101 11031 RLC 71479 a

1imprisonment.
2    (3) In addition to the sentence credits earned under
3paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
4the rules and regulations shall also provide that the Director
5may award up to 180 days of earned sentence credit for good
6conduct in specific instances as the Director deems proper. The
7good conduct may include, but is not limited to, compliance
8with the rules and regulations of the Department, service to
9the Department, service to a community, or service to the
10State.
11    Eligible inmates for an award of earned sentence credit
12under this paragraph (3) may be selected to receive the credit
13at the Director's or his or her designee's sole discretion.
14Eligibility for the additional earned sentence credit under
15this paragraph (3) shall be based on, but is not limited to,
16the results of any available risk/needs assessment or other
17relevant assessments or evaluations administered by the
18Department using a validated instrument, the circumstances of
19the crime, any history of conviction for a forcible felony
20enumerated in Section 2-8 of the Criminal Code of 2012, the
21inmate's behavior and disciplinary history while incarcerated,
22and the inmate's commitment to rehabilitation, including
23participation in programming offered by the Department.
24    The Director shall not award sentence credit under this
25paragraph (3) to an inmate unless the inmate has served a
26minimum of 60 days of the sentence; except nothing in this

 

 

10100SB2054sam002- 9 -LRB101 11031 RLC 71479 a

1paragraph shall be construed to permit the Director to extend
2an inmate's sentence beyond that which was imposed by the
3court. Prior to awarding credit under this paragraph (3), the
4Director shall make a written determination that the inmate:
5        (A) is eligible for the earned sentence credit;
6        (B) has served a minimum of 60 days, or as close to 60
7    days as the sentence will allow;
8        (B-1) has received a risk/needs assessment or other
9    relevant evaluation or assessment administered by the
10    Department using a validated instrument; and
11        (C) has met the eligibility criteria established by
12    rule for earned sentence credit.
13    The Director shall determine the form and content of the
14written determination required in this subsection.
15    (3.5) The Department shall provide annual written reports
16to the Governor and the General Assembly on the award of earned
17sentence credit no later than February 1 of each year. The
18Department must publish both reports on its website within 48
19hours of transmitting the reports to the Governor and the
20General Assembly. The reports must include:
21        (A) the number of inmates awarded earned sentence
22    credit;
23        (B) the average amount of earned sentence credit
24    awarded;
25        (C) the holding offenses of inmates awarded earned
26    sentence credit; and

 

 

10100SB2054sam002- 10 -LRB101 11031 RLC 71479 a

1        (D) the number of earned sentence credit revocations.
2    (4)(A) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that the sentence credit accumulated and retained under
5paragraph (2.1) of subsection (a) of this Section by any inmate
6during specific periods of time in which such inmate is engaged
7full-time in substance abuse programs, correctional industry
8assignments, educational programs, behavior modification
9programs, life skills courses, or re-entry planning provided by
10the Department under this paragraph (4) and satisfactorily
11completes the assigned program as determined by the standards
12of the Department, shall be multiplied by a factor of 1.25 for
13program participation before August 11, 1993 and 1.50 for
14program participation on or after that date. The rules and
15regulations shall also provide that sentence credit, subject to
16the same offense limits and multiplier provided in this
17paragraph, may be provided to an inmate who was held in
18pre-trial detention prior to his or her current commitment to
19the Department of Corrections and successfully completed a
20full-time, 60-day or longer substance abuse program,
21educational program, behavior modification program, life
22skills course, or re-entry planning provided by the county
23department of corrections or county jail. Calculation of this
24county program credit shall be done at sentencing as provided
25in Section 5-4.5-100 of this Code and shall be included in the
26sentencing order. However, no inmate shall be eligible for the

 

 

10100SB2054sam002- 11 -LRB101 11031 RLC 71479 a

1additional sentence credit under this paragraph (4) or (4.1) of
2this subsection (a) while assigned to a boot camp or electronic
3detention.
4    (B) The Department shall award sentence credit under this
5paragraph (4) accumulated prior to the effective date of this
6amendatory Act of the 101st General Assembly in an amount
7specified in subparagraph (C) of this paragraph (4) to an
8inmate serving a sentence for an offense committed prior to
9June 19, 1998, if the Department determines that the inmate is
10entitled to this sentence credit, based upon:
11        (i) documentation provided by the Department that the
12    inmate engaged in any full-time substance abuse programs,
13    correctional industry assignments, educational programs,
14    behavior modification programs, life skills courses, or
15    re-entry planning provided by the Department under this
16    paragraph (4) and satisfactorily completed the assigned
17    program as determined by the standards of the Department
18    during the inmate's current term of incarceration; or
19        (ii) the inmate's own testimony in the form of an
20    affidavit or documentation, or a third party's
21    documentation or testimony in the form of an affidavit that
22    the inmate likely engaged in any full-time substance abuse
23    programs, correctional industry assignments, educational
24    programs, behavior modification programs, life skills
25    courses, or re-entry planning provided by the Department
26    under paragraph (4) and satisfactorily completed the

 

 

10100SB2054sam002- 12 -LRB101 11031 RLC 71479 a

1    assigned program as determined by the standards of the
2    Department during the inmate's current term of
3    incarceration.
4    (C) If the inmate can provide documentation that he or she
5is entitled to sentence credit under subparagraph (B) in excess
6of 45 days of participation in those programs, the inmate shall
7receive 90 days of sentence credit. If the inmate cannot
8provide documentation of more than 45 days of participation
9those programs, the inmate shall receive 45 days of sentence
10credit. In the event of a disagreement between the Department
11and the inmate as to the amount of credit accumulated under
12subparagraph (B), if the Department provides documented proof
13of a lesser amount of days of participation in those programs,
14that proof shall control. If the Department provides no
15documentary proof, the inmate's proof as set forth in clause
16(ii) of subparagraph (B) shall control as to the amount of
17sentence credit provided.
18    (D) If the inmate has been convicted of a sex offense as
19defined in Section 2 of the Sex Offender Registration Act,
20sentencing credits under subparagraph (B) of this paragraph (4)
21shall be awarded by the Department only if the conditions set
22forth in paragraph (4.6) of subsection (a) are satisfied. No
23inmate serving a term of natural life imprisonment shall
24receive sentence credit under subparagraph (B) of this
25paragraph (4).
26    Educational, vocational, substance abuse, behavior

 

 

10100SB2054sam002- 13 -LRB101 11031 RLC 71479 a

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

 

 

10100SB2054sam002- 14 -LRB101 11031 RLC 71479 a

1(4.1) shall be in addition to, and shall not affect, the award
2of sentence credit under any other paragraph of this Section,
3but shall also be pursuant to the guidelines and restrictions
4set forth in paragraph (4) of subsection (a) of this Section.
5The sentence credit provided for in this paragraph shall be
6available only to those prisoners who have not previously
7earned a high school diploma or a high school equivalency
8certificate. If, after an award of the high school equivalency
9testing sentence credit has been made, the Department
10determines that the prisoner was not eligible, then the award
11shall be revoked. The Department may also award 90 days of
12sentence credit to any committed person who passed high school
13equivalency testing while he or she was held in pre-trial
14detention prior to the current commitment to the Department of
15Corrections.
16    Except as provided in paragraph (4.7) of this subsection
17(a), the rules and regulations shall provide that an additional
18180 days of sentence credit shall be awarded to any prisoner
19who obtains a bachelor's degree while the prisoner is committed
20to the Department of Corrections. The sentence credit awarded
21under this paragraph (4.1) shall be in addition to, and shall
22not affect, the award of sentence credit under any other
23paragraph of this Section, but shall also be under the
24guidelines and restrictions set forth in paragraph (4) of this
25subsection (a). The sentence credit provided for in this
26paragraph shall be available only to those prisoners who have

 

 

10100SB2054sam002- 15 -LRB101 11031 RLC 71479 a

1not earned a bachelor's degree prior to the current commitment
2to the Department of Corrections. If, after an award of the
3bachelor's degree sentence credit has been made, the Department
4determines that the prisoner was not eligible, then the award
5shall be revoked. The Department may also award 180 days of
6sentence credit to any committed person who earned a bachelor's
7degree while he or she was held in pre-trial detention prior to
8the current commitment to the Department of Corrections.
9    Except as provided in paragraph (4.7) of this subsection
10(a), the rules and regulations shall provide that an additional
11180 days of sentence credit shall be awarded to any prisoner
12who obtains a master's or professional degree while the
13prisoner is committed to the Department of Corrections. The
14sentence credit awarded under this paragraph (4.1) shall be in
15addition to, and shall not affect, the award of sentence credit
16under any other paragraph of this Section, but shall also be
17under the guidelines and restrictions set forth in paragraph
18(4) of this subsection (a). The sentence credit provided for in
19this paragraph shall be available only to those prisoners who
20have not previously earned a master's or professional degree
21prior to the current commitment to the Department of
22Corrections. If, after an award of the master's or professional
23degree sentence credit has been made, the Department determines
24that the prisoner was not eligible, then the award shall be
25revoked. The Department may also award 180 days of sentence
26credit to any committed person who earned a master's or

 

 

10100SB2054sam002- 16 -LRB101 11031 RLC 71479 a

1professional degree while he or she was held in pre-trial
2detention prior to the current commitment to the Department of
3Corrections.
4    (4.5) The rules and regulations on sentence credit shall
5also provide that when the court's sentencing order recommends
6a prisoner for substance abuse treatment and the crime was
7committed on or after September 1, 2003 (the effective date of
8Public Act 93-354), the prisoner shall receive no sentence
9credit awarded under clause (3) of this subsection (a) unless
10he or she participates in and completes a substance abuse
11treatment program. The Director may waive the requirement to
12participate in or complete a substance abuse treatment program
13in specific instances if the prisoner is not a good candidate
14for a substance abuse treatment program for medical,
15programming, or operational reasons. Availability of substance
16abuse treatment shall be subject to the limits of fiscal
17resources appropriated by the General Assembly for these
18purposes. If treatment is not available and the requirement to
19participate and complete the treatment has not been waived by
20the Director, the prisoner shall be placed on a waiting list
21under criteria established by the Department. The Director may
22allow a prisoner placed on a waiting list to participate in and
23complete a substance abuse education class or attend substance
24abuse self-help meetings in lieu of a substance abuse treatment
25program. A prisoner on a waiting list who is not placed in a
26substance abuse program prior to release may be eligible for a

 

 

10100SB2054sam002- 17 -LRB101 11031 RLC 71479 a

1waiver and receive sentence credit under clause (3) of this
2subsection (a) at the discretion of the Director.
3    (4.6) The rules and regulations on sentence credit shall
4also provide that a prisoner who has been convicted of a sex
5offense as defined in Section 2 of the Sex Offender
6Registration Act shall receive no sentence credit unless he or
7she either has successfully completed or is participating in
8sex offender treatment as defined by the Sex Offender
9Management Board. However, prisoners who are waiting to receive
10treatment, but who are unable to do so due solely to the lack
11of resources on the part of the Department, may, at the
12Director's sole discretion, be awarded sentence credit at a
13rate as the Director shall determine.
14    (4.7) On or after January 1, 2018 (the effective date of
15Public Act 100-3) and before the effective date of this
16amendatory Act of the 101st General Assembly this amendatory
17Act of the 100th General Assembly, sentence credit under
18paragraph (3), (4), or (4.1) of this subsection (a) may be
19awarded to a prisoner who is serving a sentence for an offense
20described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for
21credit earned on or after the effective date of this amendatory
22Act of the 100th General Assembly; provided, the award of the
23credits under this paragraph (4.7) shall not reduce the
24sentence of the prisoner to less than the following amounts:
25        (i) 85% of his or her sentence if the prisoner is
26    required to serve 85% of his or her sentence; or

 

 

10100SB2054sam002- 18 -LRB101 11031 RLC 71479 a

1        (ii) 60% of his or her sentence if the prisoner is
2    required to serve 75% of his or her sentence, except if the
3    prisoner is serving a sentence for gunrunning his or her
4    sentence shall not be reduced to less than 75%.
5        (iii) 100% of his or her sentence if the prisoner is
6    required to serve 100% of his or her sentence.
7    (4.8) On or after the effective date of this amendatory Act
8of the 101st General Assembly, sentence credit under paragraph
9(3), (4), or (4.1) of this subsection (a) may be awarded to a
10prisoner for credit earned on or after the effective date of
11this amendatory Act of the 101st General Assembly; provided,
12the award of the credits under this paragraph (4.7) shall not
13reduce the sentence of the prisoner to less than the following
14amounts:
15        (i) 75% of his or her sentence if the prisoner is
16    required to serve 85% of his or her sentence;
17        (ii) 60% of his or her sentence if the prisoner is
18    required to serve 75% of his or her sentence, except if the
19    prisoner is serving a sentence for gunrunning his or her
20    sentence shall not be reduced to less than 75; or
21        (iii) 90% of his or her sentence if the prisoner is
22    required to serve 100% of his or her sentence.
23    A person serving a term of natural life imprisonment may
24not earn sentence credit.
25    (5) Whenever the Department is to release any inmate
26earlier than it otherwise would because of a grant of earned

 

 

10100SB2054sam002- 19 -LRB101 11031 RLC 71479 a

1sentence credit under paragraph (3) of subsection (a) of this
2Section given at any time during the term, the Department shall
3give reasonable notice of the impending release not less than
414 days prior to the date of the release to the State's
5Attorney of the county where the prosecution of the inmate took
6place, and if applicable, the State's Attorney of the county
7into which the inmate will be released. The Department must
8also make identification information and a recent photo of the
9inmate being released accessible on the Internet by means of a
10hyperlink labeled "Community Notification of Inmate Early
11Release" on the Department's World Wide Web homepage. The
12identification information shall include the inmate's: name,
13any known alias, date of birth, physical characteristics,
14commitment offense and county where conviction was imposed. The
15identification information shall be placed on the website
16within 3 days of the inmate's release and the information may
17not be removed until either: completion of the first year of
18mandatory supervised release or return of the inmate to custody
19of the Department.
20    (b) Whenever a person is or has been committed under
21several convictions, with separate sentences, the sentences
22shall be construed under Section 5-8-4 in granting and
23forfeiting of sentence credit.
24    (c) The Department shall prescribe rules and regulations
25for revoking sentence credit, including revoking sentence
26credit awarded under paragraph (3) of subsection (a) of this

 

 

10100SB2054sam002- 20 -LRB101 11031 RLC 71479 a

1Section. The Department shall prescribe rules and regulations
2for suspending or reducing the rate of accumulation of sentence
3credit for specific rule violations, during imprisonment.
4These rules and regulations shall provide that no inmate may be
5penalized more than one year of sentence credit for any one
6infraction.
7    When the Department seeks to revoke, suspend or reduce the
8rate of accumulation of any sentence credits for an alleged
9infraction of its rules, it shall bring charges therefor
10against the prisoner sought to be so deprived of sentence
11credits before the Prisoner Review Board as provided in
12subparagraph (a)(4) of Section 3-3-2 of this Code, if the
13amount of credit at issue exceeds 30 days or when during any 12
14month period, the cumulative amount of credit revoked exceeds
1530 days except where the infraction is committed or discovered
16within 60 days of scheduled release. In those cases, the
17Department of Corrections may revoke up to 30 days of sentence
18credit. The Board may subsequently approve the revocation of
19additional sentence credit, if the Department seeks to revoke
20sentence credit in excess of 30 days. However, the Board shall
21not be empowered to review the Department's decision with
22respect to the loss of 30 days of sentence credit within any
23calendar year for any prisoner or to increase any penalty
24beyond the length requested by the Department.
25    The Director of the Department of Corrections, in
26appropriate cases, may restore up to 30 days of sentence

 

 

10100SB2054sam002- 21 -LRB101 11031 RLC 71479 a

1credits which have been revoked, suspended or reduced. Any
2restoration of sentence credits in excess of 30 days shall be
3subject to review by the Prisoner Review Board. However, the
4Board may not restore sentence credit in excess of the amount
5requested by the Director.
6    Nothing contained in this Section shall prohibit the
7Prisoner Review Board from ordering, pursuant to Section
83-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
9sentence imposed by the court that was not served due to the
10accumulation of sentence credit.
11    (d) If a lawsuit is filed by a prisoner in an Illinois or
12federal court against the State, the Department of Corrections,
13or the Prisoner Review Board, or against any of their officers
14or employees, and the court makes a specific finding that a
15pleading, motion, or other paper filed by the prisoner is
16frivolous, the Department of Corrections shall conduct a
17hearing to revoke up to 180 days of sentence credit by bringing
18charges against the prisoner sought to be deprived of the
19sentence credits before the Prisoner Review Board as provided
20in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
21prisoner has not accumulated 180 days of sentence credit at the
22time of the finding, then the Prisoner Review Board may revoke
23all sentence credit accumulated by the prisoner.
24    For purposes of this subsection (d):
25        (1) "Frivolous" means that a pleading, motion, or other
26    filing which purports to be a legal document filed by a

 

 

10100SB2054sam002- 22 -LRB101 11031 RLC 71479 a

1    prisoner in his or her lawsuit meets any or all of the
2    following criteria:
3            (A) it lacks an arguable basis either in law or in
4        fact;
5            (B) it is being presented for any improper purpose,
6        such as to harass or to cause unnecessary delay or
7        needless increase in the cost of litigation;
8            (C) the claims, defenses, and other legal
9        contentions therein are not warranted by existing law
10        or by a nonfrivolous argument for the extension,
11        modification, or reversal of existing law or the
12        establishment of new law;
13            (D) the allegations and other factual contentions
14        do not have evidentiary support or, if specifically so
15        identified, are not likely to have evidentiary support
16        after a reasonable opportunity for further
17        investigation or discovery; or
18            (E) the denials of factual contentions are not
19        warranted on the evidence, or if specifically so
20        identified, are not reasonably based on a lack of
21        information or belief.
22        (2) "Lawsuit" means a motion pursuant to Section 116-3
23    of the Code of Criminal Procedure of 1963, a habeas corpus
24    action under Article X of the Code of Civil Procedure or
25    under federal law (28 U.S.C. 2254), a petition for claim
26    under the Court of Claims Act, an action under the federal

 

 

10100SB2054sam002- 23 -LRB101 11031 RLC 71479 a

1    Civil Rights Act (42 U.S.C. 1983), or a second or
2    subsequent petition for post-conviction relief under
3    Article 122 of the Code of Criminal Procedure of 1963
4    whether filed with or without leave of court or a second or
5    subsequent petition for relief from judgment under Section
6    2-1401 of the Code of Civil Procedure.
7    (e) Nothing in Public Act 90-592 or 90-593 affects the
8validity of Public Act 89-404.
9    (f) Whenever the Department is to release any inmate who
10has been convicted of a violation of an order of protection
11under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12the Criminal Code of 2012, earlier than it otherwise would
13because of a grant of sentence credit, the Department, as a
14condition of release, shall require that the person, upon
15release, be placed under electronic surveillance as provided in
16Section 5-8A-7 of this Code.
17(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
18101-440, eff. 1-1-20.)".