102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3614

 

Introduced 2/22/2021, 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. Provides for determining sentence credit for those serving sentences depending on the offense. Applies to prisoners sentenced before the effective date of this act serving sentences on or after the effective date of this act. Applies to prisoners sentenced on or after the effective date of this act. Does not permit additional sentences.


LRB102 14140 KMF 19492 b

 

 

A BILL FOR

 

HB3614LRB102 14140 KMF 19492 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
20    community, or service to the State.
21    (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),

 

 

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1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (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        (i-5) that a prisoner who is serving a term of
22    imprisonment for first degree murder shall receive no more
23    than 7.5 days of sentence credit for each month of his or
24    her sentence of imprisonment;
25        (ii) that a prisoner serving a sentence for attempt to
26    commit terrorism, attempt to commit first degree murder,

 

 

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1    solicitation of murder, solicitation of murder for hire,
2    intentional homicide of an unborn child, predatory
3    criminal sexual assault of a child, aggravated criminal
4    sexual assault, criminal sexual assault, aggravated
5    kidnapping, aggravated battery with a firearm as described
6    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
7    or (e)(4) of Section 12-3.05, heinous battery as described
8    in Section 12-4.1 or subdivision (a)(2) of Section
9    12-3.05, being an armed habitual criminal, aggravated
10    battery of a senior citizen as described in Section 12-4.6
11    or subdivision (a)(4) of Section 12-3.05, or aggravated
12    battery of a child as described in Section 12-4.3 or
13    subdivision (b)(1) of Section 12-3.05 shall receive no
14    more than 8.5 4.5 days of sentence credit for each month of
15    his or her sentence of imprisonment;
16        (iii) that a prisoner serving a sentence for home
17    invasion, armed robbery, aggravated vehicular hijacking,
18    or aggravated discharge of a firearm, or armed violence
19    with a category I weapon or category II weapon, when the
20    court has made and entered a finding, pursuant to
21    subsection (c-1) of Section 5-4-1 of this Code, that the
22    conduct leading to conviction for the enumerated offense
23    resulted in great bodily harm to a victim, shall receive
24    no more than 8.5 4.5 days of sentence credit for each month
25    of his or her sentence of imprisonment;
26        (iv) that a prisoner serving a sentence for aggravated

 

 

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1    discharge of a firearm, whether or not the conduct leading
2    to conviction for the offense resulted in great bodily
3    harm to the victim, shall receive no more than 8.5 4.5 days
4    of sentence credit for each month of his or her sentence of
5    imprisonment;
6        (v) that a person serving a sentence for gunrunning,
7    narcotics racketeering, controlled substance trafficking,
8    methamphetamine trafficking, drug-induced homicide,
9    aggravated methamphetamine-related child endangerment,
10    money laundering pursuant to clause (c) (4) or (5) of
11    Section 29B-1 of the Criminal Code of 1961 or the Criminal
12    Code of 2012, or a Class X felony conviction for delivery
13    of a controlled substance, possession of a controlled
14    substance with intent to manufacture or deliver,
15    calculated criminal drug conspiracy, criminal drug
16    conspiracy, street gang criminal drug conspiracy,
17    participation in methamphetamine manufacturing,
18    aggravated participation in methamphetamine
19    manufacturing, delivery of methamphetamine, possession
20    with intent to deliver methamphetamine, aggravated
21    delivery of methamphetamine, aggravated possession with
22    intent to deliver methamphetamine, methamphetamine
23    conspiracy when the substance containing the controlled
24    substance or methamphetamine is 100 grams or more shall
25    receive no more than 10.5 7.5 days sentence credit for
26    each month of his or her sentence of imprisonment;

 

 

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1        (vi) that a prisoner serving a sentence for a second
2    or subsequent offense of luring a minor shall receive no
3    more than 8.5 4.5 days of sentence credit for each month of
4    his or her sentence of imprisonment; and
5        (vii) that a prisoner serving a sentence for
6    aggravated domestic battery shall receive no more than 8.5
7    4.5 days of sentence credit for each month of his or her
8    sentence of imprisonment.
9    (2.1) For all offenses, other than those enumerated in
10subdivision (a)(2)(i), (i-5), (ii), or (iii) committed on or
11after June 19, 1998 or subdivision (a)(2)(iv) committed on or
12after June 23, 2005 (the effective date of Public Act 94-71) or
13subdivision (a)(2)(v) committed on or after August 13, 2007
14(the effective date of Public Act 95-134) or subdivision
15(a)(2)(vi) committed on or after June 1, 2008 (the effective
16date of Public Act 95-625) or subdivision (a)(2)(vii)
17committed on or after July 23, 2010 (the effective date of
18Public Act 96-1224), and other than the offense of aggravated
19driving under the influence of alcohol, other drug or drugs,
20or intoxicating compound or compounds, or any combination
21thereof as defined in subparagraph (F) of paragraph (1) of
22subsection (d) of Section 11-501 of the Illinois Vehicle Code,
23and other than the offense of aggravated driving under the
24influence of alcohol, other drug or drugs, or intoxicating
25compound or compounds, or any combination thereof as defined
26in subparagraph (C) of paragraph (1) of subsection (d) of

 

 

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1Section 11-501 of the Illinois Vehicle Code committed on or
2after January 1, 2011 (the effective date of Public Act
396-1230), the rules and regulations shall provide that a
4prisoner who is serving a term of imprisonment shall receive
5one day of sentence credit for each day of his or her sentence
6of imprisonment or recommitment under Section 3-3-9. Each day
7of sentence credit shall reduce by one day the prisoner's
8period of imprisonment or recommitment under Section 3-3-9.
9    (2.2) A prisoner serving a term of natural life
10imprisonment or a prisoner who has been sentenced to death
11shall receive no sentence credit.
12    (2.3) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds, or any
17combination thereof as defined in subparagraph (F) of
18paragraph (1) of subsection (d) of Section 11-501 of the
19Illinois Vehicle Code, shall receive no more than 8.5 4.5 days
20of sentence credit for each month of his or her sentence of
21imprisonment.
22    (2.4) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations on sentence credit
24shall provide with respect to the offenses of aggravated
25battery with a machine gun or a firearm equipped with any
26device or attachment designed or used for silencing the report

 

 

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1of a firearm or aggravated discharge of a machine gun or a
2firearm equipped with any device or attachment designed or
3used for silencing the report of a firearm, committed on or
4after July 15, 1999 (the effective date of Public Act 91-121),
5that a prisoner serving a sentence for any of these offenses
6shall receive no more than 4.5 days of sentence credit for each
7month of his or her sentence of imprisonment.
8    (2.5) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated arson committed on or after July 27, 2001 (the
12effective date of Public Act 92-176) shall receive no more
13than 8.5 4.5 days of sentence credit for each month of his or
14her sentence of imprisonment.
15    (2.6) 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 (C) of
21paragraph (1) of subsection (d) of Section 11-501 of the
22Illinois Vehicle Code committed on or after January 1, 2011
23(the effective date of Public Act 96-1230) shall receive no
24more than 8.5 4.5 days of sentence credit for each month of his
25or her sentence of imprisonment.
26    (3) In addition to the sentence credits earned under

 

 

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

 

 

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1court. Prior to awarding credit under this paragraph (3), the
2Director shall make a written determination that the inmate:
3        (A) is eligible for the earned sentence credit;
4        (B) has served a minimum of 60 days, or as close to 60
5    days as the sentence will allow;
6        (B-1) has received a risk/needs assessment or other
7    relevant evaluation or assessment administered by the
8    Department using a validated instrument; and
9        (C) has met the eligibility criteria established by
10    rule for earned sentence credit.
11    The Director shall determine the form and content of the
12written determination required in this subsection.
13    (3.5) The Department shall provide annual written reports
14to the Governor and the General Assembly on the award of earned
15sentence credit no later than February 1 of each year. The
16Department must publish both reports on its website within 48
17hours of transmitting the reports to the Governor and the
18General Assembly. The reports must include:
19        (A) the number of inmates awarded earned sentence
20    credit;
21        (B) the average amount of earned sentence credit
22    awarded;
23        (C) the holding offenses of inmates awarded earned
24    sentence credit; and
25        (D) the number of earned sentence credit revocations.
26    (4)(A) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations shall also provide
2that the sentence credit accumulated and retained under
3paragraph (2.1) of subsection (a) of this Section by any
4inmate during specific periods of time in which such inmate is
5engaged full-time in substance abuse programs, correctional
6industry assignments, educational programs, behavior
7modification programs, life skills courses, or re-entry
8planning provided by the Department under this paragraph (4)
9and satisfactorily completes the assigned program as
10determined by the standards of the Department, shall be
11multiplied by a factor of 1.25 for program participation
12before August 11, 1993 and 1.50 for program participation on
13or after that date. The rules and regulations shall also
14provide that sentence credit, subject to the same offense
15limits and multiplier provided in this paragraph, may be
16provided to an inmate who was held in pre-trial detention
17prior to his or her current commitment to the Department of
18Corrections and successfully completed a full-time, 60-day or
19longer substance abuse program, educational program, behavior
20modification program, life skills course, or re-entry planning
21provided by the county department of corrections or county
22jail. Calculation of this county program credit shall be done
23at sentencing as provided in Section 5-4.5-100 of this Code
24and shall be included in the sentencing order. However, no
25inmate shall be eligible for the additional sentence credit
26under this paragraph (4) or (4.1) of this subsection (a) while

 

 

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1assigned to a boot camp or electronic detention.
2    (B) The Department shall award sentence credit under this
3paragraph (4) accumulated prior to January 1, 2020 (the
4effective date of Public Act 101-440) this amendatory Act of
5the 101st General Assembly in an amount specified in
6subparagraph (C) of this paragraph (4) to an inmate serving a
7sentence for an offense committed prior to June 19, 1998, if
8the Department determines that the inmate is entitled to this
9sentence credit, based upon:
10        (i) documentation provided by the Department that the
11    inmate engaged in any full-time substance abuse programs,
12    correctional industry assignments, educational programs,
13    behavior modification programs, life skills courses, or
14    re-entry planning provided by the Department under this
15    paragraph (4) and satisfactorily completed the assigned
16    program as determined by the standards of the Department
17    during the inmate's current term of incarceration; or
18        (ii) the inmate's own testimony in the form of an
19    affidavit or documentation, or a third party's
20    documentation or testimony in the form of an affidavit
21    that the inmate likely engaged in any full-time substance
22    abuse programs, correctional industry assignments,
23    educational programs, behavior modification programs, life
24    skills courses, or re-entry planning provided by the
25    Department under paragraph (4) and satisfactorily
26    completed the assigned program as determined by the

 

 

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

 

 

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

 

 

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1of sentence credit under any other paragraph of this Section,
2but shall also be pursuant to the guidelines and restrictions
3set forth in paragraph (4) of subsection (a) of this Section.
4The sentence credit provided for in this paragraph shall be
5available only to those prisoners who have not previously
6earned a high school diploma or a high school equivalency
7certificate. If, after an award of the high school equivalency
8testing sentence credit has been made, the Department
9determines that the prisoner was not eligible, then the award
10shall be revoked. The Department may also award 90 days of
11sentence credit to any committed person who passed high school
12equivalency testing while he or she was held in pre-trial
13detention prior to the current commitment to the Department of
14Corrections.
15    Except as provided in paragraph (4.7) of this subsection
16(a), the rules and regulations shall provide that an
17additional 180 days of sentence credit shall be awarded to any
18prisoner who obtains a bachelor's degree while the prisoner is
19committed to the Department of Corrections. The sentence
20credit awarded under this paragraph (4.1) shall be in addition
21to, and shall not affect, the award of sentence credit under
22any other paragraph of this Section, but shall also be under
23the guidelines and restrictions set forth in paragraph (4) of
24this subsection (a). The sentence credit provided for in this
25paragraph shall be available only to those prisoners who have
26not earned a bachelor's degree prior to the current commitment

 

 

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1to the Department of Corrections. If, after an award of the
2bachelor's degree sentence credit has been made, the
3Department determines that the prisoner was not eligible, then
4the award shall be revoked. The Department may also award 180
5days of sentence credit to any committed person who earned a
6bachelor's degree while he or she was held in pre-trial
7detention prior to the current commitment to the Department of
8Corrections.
9    Except as provided in paragraph (4.7) of this subsection
10(a), the rules and regulations shall provide that an
11additional 180 days of sentence credit shall be awarded to any
12prisoner who obtains a master's or professional degree while
13the prisoner is committed to the Department of Corrections.
14The sentence credit awarded under this paragraph (4.1) shall
15be in addition to, and shall not affect, the award of sentence
16credit under any other paragraph of this Section, but shall
17also be under the guidelines and restrictions set forth in
18paragraph (4) of this subsection (a). The sentence credit
19provided for in this paragraph shall be available only to
20those prisoners who have not previously earned a master's or
21professional degree prior to the current commitment to the
22Department of Corrections. If, after an award of the master's
23or professional degree sentence credit has been made, the
24Department determines that the prisoner was not eligible, then
25the award shall be revoked. The Department may also award 180
26days of sentence credit to any committed person who earned a

 

 

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1master's or professional degree while he or she was held in
2pre-trial detention prior to the current commitment to the
3Department of Corrections.
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
25treatment program. A prisoner on a waiting list who is not
26placed in a substance abuse program prior to release may be

 

 

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1eligible for a waiver and receive sentence credit under clause
2(3) of this subsection (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
10receive treatment, but who are unable to do so due solely to
11the lack of resources on the part of the Department, may, at
12the Director's sole discretion, be awarded sentence credit at
13a rate as the Director shall determine.
14    (4.7) On or after January 1, 2018 (the effective date of
15Public Act 100-3) this amendatory Act of the 100th General
16Assembly, sentence credit under paragraph (3), (4), or (4.1)
17of this subsection (a) may be awarded to a prisoner who is
18serving a sentence for an offense described in paragraph (2),
19(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
20January 1, 2018 (the effective date of Public Act 100-3) this
21amendatory Act of the 100th General Assembly; provided, the
22award of the credits under this paragraph (4.7) shall not
23reduce the sentence of the prisoner to less than the following
24amounts:
25        (i) 85% of his or her sentence if the prisoner is
26    required to serve 85% of his or her sentence; or

 

 

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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    (5) Whenever the Department is to release any inmate
8earlier than it otherwise would because of a grant of earned
9sentence credit under paragraph (3) of subsection (a) of this
10Section given at any time during the term, the Department
11shall give reasonable notice of the impending release not less
12than 14 days prior to the date of the release to the State's
13Attorney of the county where the prosecution of the inmate
14took place, and if applicable, the State's Attorney of the
15county into which the inmate will be released. The Department
16must also make identification information and a recent photo
17of the inmate being released accessible on the Internet by
18means of a hyperlink labeled "Community Notification of Inmate
19Early Release" on the Department's World Wide Web homepage.
20The identification information shall include the inmate's:
21name, any known alias, date of birth, physical
22characteristics, commitment offense, and county where
23conviction was imposed. The identification information shall
24be placed on the website within 3 days of the inmate's release
25and the information may not be removed until either:
26completion of the first year of mandatory supervised release

 

 

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1or return of the inmate to custody of the Department.
2    (b) Whenever a person is or has been committed under
3several convictions, with separate sentences, the sentences
4shall be construed under Section 5-8-4 in granting and
5forfeiting of sentence credit.
6    (c) The Department shall prescribe rules and regulations
7for revoking sentence credit, including revoking sentence
8credit awarded under paragraph (3) of subsection (a) of this
9Section. The Department shall prescribe rules and regulations
10for suspending or reducing the rate of accumulation of
11sentence credit for specific rule violations, during
12imprisonment. These rules and regulations shall provide that
13no inmate may be penalized more than one year of sentence
14credit for any one infraction.
15    When the Department seeks to revoke, suspend, or reduce
16the rate of accumulation of any sentence credits for an
17alleged infraction of its rules, it shall bring charges
18therefor against the prisoner sought to be so deprived of
19sentence credits before the Prisoner Review Board as provided
20in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
21amount of credit at issue exceeds 30 days or when, during any
2212-month 12 month period, the cumulative amount of credit
23revoked exceeds 30 days except where the infraction is
24committed or discovered within 60 days of scheduled release.
25In those cases, the Department of Corrections may revoke up to
2630 days of sentence credit. The Board may subsequently approve

 

 

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1the revocation of additional sentence credit, if the
2Department seeks to revoke sentence credit in excess of 30
3days. However, the Board shall not be empowered to review the
4Department's decision with respect to the loss of 30 days of
5sentence credit within any calendar year for any prisoner or
6to increase any penalty beyond the length requested by the
7Department.
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
22Corrections, or the Prisoner Review Board, or against any of
23their officers or employees, and the court makes a specific
24finding that a pleading, motion, or other paper filed by the
25prisoner is frivolous, the Department of Corrections shall
26conduct a hearing to revoke up to 180 days of sentence credit

 

 

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

 

 

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

 

 

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1    (g) The changes made to this Section by this amendatory
2Act of the 102nd General Assembly apply to prisoners sentenced
3before the effective date of this amendatory Act of the 102nd
4General Assembly for their serving sentences of imprisonment
5on or after the effective date of this amendatory Act of the
6102nd General Assembly and to prisoners sentenced on or after
7the effective date of this amendatory Act of the 102nd General
8Assembly. Nothing in this amendatory Act of the 102nd General
9Assembly shall be construed to permit the award of any
10additional sentence credit provided in this amendatory Act of
11the 102nd General Assembly for any service of imprisonment
12before the effective date of this amendatory Act of the 102nd
13General Assembly.
14(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
15101-440, eff. 1-1-20; revised 8-19-20.)