HB4741 EngrossedLRB102 24720 RLC 34983 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-5-1 and 3-6-3 as follows:
 
6    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
7    Sec. 3-5-1. Master Record File.
8    (a) The Department of Corrections and the Department of
9Juvenile Justice shall maintain a master record file on each
10person committed to it, which shall contain the following
11information:
12        (1) all information from the committing court;
13        (1.5) ethnic and racial background data collected in
14    accordance with Section 4.5 of the Criminal Identification
15    Act;
16        (2) reception summary;
17        (3) evaluation and assignment reports and
18    recommendations;
19        (4) reports as to program assignment and progress;
20        (5) reports of disciplinary infractions and
21    disposition, including tickets and Administrative Review
22    Board action;
23        (6) any parole or aftercare release plan;

 

 

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1        (7) any parole or aftercare release reports;
2        (8) the date and circumstances of final discharge;
3        (9) criminal history;
4        (10) current and past gang affiliations and ranks;
5        (11) information regarding associations and family
6    relationships;
7        (12) any grievances filed and responses to those
8    grievances; and
9        (13) other information that the respective Department
10    determines is relevant to the secure confinement and
11    rehabilitation of the committed person.
12    (b) All files shall be confidential and access shall be
13limited to authorized personnel of the respective Department
14or by disclosure in accordance with a court order or subpoena.
15Personnel of other correctional, welfare or law enforcement
16agencies may have access to files under rules and regulations
17of the respective Department. The respective Department shall
18keep a record of all outside personnel who have access to
19files, the files reviewed, any file material copied, and the
20purpose of access. If the respective Department or the
21Prisoner Review Board makes a determination under this Code
22which affects the length of the period of confinement or
23commitment, the committed person and his counsel shall be
24advised of factual information relied upon by the respective
25Department or Board to make the determination, provided that
26the Department or Board shall not be required to advise a

 

 

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1person committed to the Department of Juvenile Justice any
2such information which in the opinion of the Department of
3Juvenile Justice or Board would be detrimental to his
4treatment or rehabilitation.
5    (c) The master file shall be maintained at a place
6convenient to its use by personnel of the respective
7Department in charge of the person. When custody of a person is
8transferred from the Department to another department or
9agency, a summary of the file shall be forwarded to the
10receiving agency with such other information required by law
11or requested by the agency under rules and regulations of the
12respective Department.
13    (d) The master file of a person no longer in the custody of
14the respective Department shall be placed on inactive status
15and its use shall be restricted subject to rules and
16regulations of the Department.
17    (e) All public agencies may make available to the
18respective Department on request any factual data not
19otherwise privileged as a matter of law in their possession in
20respect to individuals committed to the respective Department.
21(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
2298-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
23    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
24    Sec. 3-6-3. Rules and regulations for sentence credit.
25    (a)(1) The Department of Corrections shall prescribe rules

 

 

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1and regulations for awarding and revoking sentence credit for
2persons committed to the Department of Corrections and the
3Department of Juvenile Justice shall prescribe rules and
4regulations for awarding and revoking sentence credit for
5persons committed to the Department of Juvenile Justice under
6Section 5-8-6 of the Unified Code of Corrections, which shall
7be subject to review by the Prisoner Review Board.
8    (1.5) As otherwise provided by law, sentence credit may be
9awarded for the following:
10        (A) successful completion of programming while in
11    custody of the Department of Corrections or the Department
12    of Juvenile Justice or while in custody prior to
13    sentencing;
14        (B) compliance with the rules and regulations of the
15    Department; or
16        (C) service to the institution, service to a
17    community, or service to the State.
18    (2) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide, with respect to offenses listed in clause (i),
21(ii), or (iii) of this paragraph (2) committed on or after June
2219, 1998 or with respect to the offense listed in clause (iv)
23of this paragraph (2) committed on or after June 23, 2005 (the
24effective date of Public Act 94-71) or with respect to offense
25listed in clause (vi) committed on or after June 1, 2008 (the
26effective date of Public Act 95-625) or with respect to the

 

 

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1offense of being an armed habitual criminal committed on or
2after August 2, 2005 (the effective date of Public Act 94-398)
3or with respect to the offenses listed in clause (v) of this
4paragraph (2) committed on or after August 13, 2007 (the
5effective date of Public Act 95-134) or with respect to the
6offense of aggravated domestic battery committed on or after
7July 23, 2010 (the effective date of Public Act 96-1224) or
8with respect to the offense of attempt to commit terrorism
9committed on or after January 1, 2013 (the effective date of
10Public Act 97-990), the following:
11        (i) that a prisoner who is serving a term of
12    imprisonment for first degree murder or for the offense of
13    terrorism shall receive no sentence credit and shall serve
14    the entire sentence imposed by the court;
15        (ii) that a prisoner serving a sentence for attempt to
16    commit terrorism, attempt to commit first degree murder,
17    solicitation of murder, solicitation of murder for hire,
18    intentional homicide of an unborn child, predatory
19    criminal sexual assault of a child, aggravated criminal
20    sexual assault, criminal sexual assault, aggravated
21    kidnapping, aggravated battery with a firearm as described
22    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
23    or (e)(4) of Section 12-3.05, heinous battery as described
24    in Section 12-4.1 or subdivision (a)(2) of Section
25    12-3.05, being an armed habitual criminal, aggravated
26    battery of a senior citizen as described in Section 12-4.6

 

 

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1    or subdivision (a)(4) of Section 12-3.05, or aggravated
2    battery of a child as described in Section 12-4.3 or
3    subdivision (b)(1) of Section 12-3.05 shall receive no
4    more than 4.5 days of sentence credit for each month of his
5    or her sentence of imprisonment;
6        (iii) that a prisoner serving a sentence for home
7    invasion, armed robbery, aggravated vehicular hijacking,
8    aggravated discharge of a firearm, or armed violence with
9    a category I weapon or category II weapon, when the court
10    has made and entered a finding, pursuant to subsection
11    (c-1) of Section 5-4-1 of this Code, that the conduct
12    leading to conviction for the enumerated offense resulted
13    in great bodily harm to a victim, shall receive no more
14    than 4.5 days of sentence credit for each month of his or
15    her sentence of imprisonment;
16        (iv) that a prisoner serving a sentence for aggravated
17    discharge of a firearm, whether or not the conduct leading
18    to conviction for the offense resulted in great bodily
19    harm to the victim, shall receive no more than 4.5 days of
20    sentence credit for each month of his or her sentence of
21    imprisonment;
22        (v) that a person serving a sentence for gunrunning,
23    narcotics racketeering, controlled substance trafficking,
24    methamphetamine trafficking, drug-induced homicide,
25    aggravated methamphetamine-related child endangerment,
26    money laundering pursuant to clause (c) (4) or (5) of

 

 

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1    Section 29B-1 of the Criminal Code of 1961 or the Criminal
2    Code of 2012, or a Class X felony conviction for delivery
3    of a controlled substance, possession of a controlled
4    substance with intent to manufacture or deliver,
5    calculated criminal drug conspiracy, criminal drug
6    conspiracy, street gang criminal drug conspiracy,
7    participation in methamphetamine manufacturing,
8    aggravated participation in methamphetamine
9    manufacturing, delivery of methamphetamine, possession
10    with intent to deliver methamphetamine, aggravated
11    delivery of methamphetamine, aggravated possession with
12    intent to deliver methamphetamine, methamphetamine
13    conspiracy when the substance containing the controlled
14    substance or methamphetamine is 100 grams or more shall
15    receive no more than 7.5 days sentence credit for each
16    month of his or her sentence of imprisonment;
17        (vi) that a prisoner serving a sentence for a second
18    or subsequent offense of luring a minor shall receive no
19    more than 4.5 days of sentence credit for each month of his
20    or her sentence of imprisonment; and
21        (vii) that a prisoner serving a sentence for
22    aggravated domestic battery shall receive no more than 4.5
23    days of sentence credit for each month of his or her
24    sentence of imprisonment.
25    (2.1) For all offenses, other than those enumerated in
26subdivision (a)(2)(i), (ii), or (iii) committed on or after

 

 

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1June 19, 1998 or subdivision (a)(2)(iv) committed on or after
2June 23, 2005 (the effective date of Public Act 94-71) or
3subdivision (a)(2)(v) committed on or after August 13, 2007
4(the effective date of Public Act 95-134) or subdivision
5(a)(2)(vi) committed on or after June 1, 2008 (the effective
6date of Public Act 95-625) or subdivision (a)(2)(vii)
7committed on or after July 23, 2010 (the effective date of
8Public Act 96-1224), and other than the offense of aggravated
9driving under the influence of alcohol, other drug or drugs,
10or intoxicating compound or compounds, or any combination
11thereof as defined in subparagraph (F) of paragraph (1) of
12subsection (d) of Section 11-501 of the Illinois Vehicle Code,
13and other than the offense of aggravated driving under the
14influence of alcohol, other drug or drugs, or intoxicating
15compound or compounds, or any combination thereof as defined
16in subparagraph (C) of paragraph (1) of subsection (d) of
17Section 11-501 of the Illinois Vehicle Code committed on or
18after January 1, 2011 (the effective date of Public Act
1996-1230), the rules and regulations shall provide that a
20prisoner who is serving a term of imprisonment shall receive
21one day of sentence credit for each day of his or her sentence
22of imprisonment or recommitment under Section 3-3-9. Each day
23of sentence credit shall reduce by one day the prisoner's
24period of imprisonment or recommitment under Section 3-3-9.
25    (2.2) A prisoner serving a term of natural life
26imprisonment or a prisoner who has been sentenced to death

 

 

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1shall receive no sentence credit.
2    (2.3) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations on sentence credit
4shall provide that a prisoner who is serving a sentence for
5aggravated driving under the influence of alcohol, other drug
6or drugs, or intoxicating compound or compounds, or any
7combination thereof as defined in subparagraph (F) of
8paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code, shall receive no more than 4.5 days of
10sentence credit for each month of his or her sentence of
11imprisonment.
12    (2.4) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide with respect to the offenses of aggravated
15battery with a machine gun or a firearm equipped with any
16device or attachment designed or used for silencing the report
17of a firearm or aggravated discharge of a machine gun or a
18firearm equipped with any device or attachment designed or
19used for silencing the report of a firearm, committed on or
20after July 15, 1999 (the effective date of Public Act 91-121),
21that a prisoner serving a sentence for any of these offenses
22shall receive no more than 4.5 days of sentence credit for each
23month of his or her sentence of imprisonment.
24    (2.5) Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations on sentence credit
26shall provide that a prisoner who is serving a sentence for

 

 

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1aggravated arson committed on or after July 27, 2001 (the
2effective date of Public Act 92-176) shall receive no more
3than 4.5 days of sentence credit for each month of his or her
4sentence of imprisonment.
5    (2.6) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide that a prisoner who is serving a sentence for
8aggravated driving under the influence of alcohol, other drug
9or drugs, or intoxicating compound or compounds or any
10combination thereof as defined in subparagraph (C) of
11paragraph (1) of subsection (d) of Section 11-501 of the
12Illinois Vehicle Code committed on or after January 1, 2011
13(the effective date of Public Act 96-1230) shall receive no
14more than 4.5 days of sentence credit for each month of his or
15her sentence of imprisonment.
16    (3) In addition to the sentence credits earned under
17paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
18subsection (a), the rules and regulations shall also provide
19that the Director of Corrections or the Director of Juvenile
20Justice may award up to 180 days of earned sentence credit for
21prisoners serving a sentence of incarceration of less than 5
22years, and up to 365 days of earned sentence credit for
23prisoners serving a sentence of 5 years or longer. The
24Director may grant this credit for good conduct in specific
25instances as either the Director deems proper for eligible
26persons in the custody of each Director's respective

 

 

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

 

 

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1inmate's sentence beyond that which was imposed by the court.
2Prior to awarding credit under this paragraph (3), each the
3Director shall make a written determination that the inmate:
4        (A) is eligible for the earned sentence credit;
5        (B) has served a minimum of 60 days, or as close to 60
6    days as the sentence will allow;
7        (B-1) has received a risk/needs assessment or other
8    relevant evaluation or assessment administered by the
9    Department using a validated instrument; and
10        (C) has met the eligibility criteria established by
11    rule for earned sentence credit.
12    The Director of Corrections or the Director of Juvenile
13Justice shall determine the form and content of the written
14determination 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

 

 

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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 any prisoner who is engaged full-time in substance abuse
5programs, correctional industry assignments, educational
6programs, work-release programs or activities in accordance
7with Article 13 of Chapter III of this Code, behavior
8modification programs, life skills courses, or re-entry
9planning provided by the Department under this paragraph (4)
10and satisfactorily completes the assigned program as
11determined by the standards of the Department, shall receive
12one day of sentence credit for each day in which that prisoner
13is engaged in the activities described in this paragraph. The
14rules and regulations shall also provide that sentence credit
15may be provided to an inmate who was held in pre-trial
16detention prior to his or her current commitment to the
17Department of Corrections and successfully completed a
18full-time, 60-day or longer substance abuse program,
19educational program, behavior modification program, life
20skills course, or re-entry planning provided by the county
21department of corrections or county jail. Calculation of this
22county program credit shall be done at sentencing as provided
23in Section 5-4.5-100 of this Code and shall be included in the
24sentencing order. The rules and regulations shall also provide
25that sentence credit may be provided to an inmate who is in
26compliance with programming requirements in an adult

 

 

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

 

 

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

 

 

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1may be earned under this paragraph (4) and paragraph (4.1) of
2this subsection (a) shall be evaluated by the Department on
3the basis of documented standards. The Department shall report
4the results of these evaluations to the Governor and the
5General Assembly by September 30th of each year. The reports
6shall include data relating to the recidivism rate among
7program participants.
8    Availability of these programs shall be subject to the
9limits of fiscal resources appropriated by the General
10Assembly for these purposes. Eligible inmates who are denied
11immediate admission shall be placed on a waiting list under
12criteria established by the Department. The rules and
13regulations shall provide that a prisoner who has been placed
14on a waiting list but is transferred for non-disciplinary
15reasons before beginning a program shall receive priority
16placement on the waitlist for appropriate programs at the new
17facility. The inability of any inmate to become engaged in any
18such programs by reason of insufficient program resources or
19for any other reason established under the rules and
20regulations of the Department shall not be deemed a cause of
21action under which the Department or any employee or agent of
22the Department shall be liable for damages to the inmate. The
23rules and regulations shall provide that a prisoner who begins
24an educational, vocational, substance abuse, work-release
25programs or activities in accordance with Article 13 of
26Chapter III of this Code, behavior modification program, life

 

 

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1skills course, re-entry planning, or correctional industry
2programs but is unable to complete the program due to illness,
3disability, transfer, lockdown, or another reason outside of
4the prisoner's control shall receive prorated sentence credits
5for the days in which the prisoner did participate.
6    (4.1) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that an additional 90 days of sentence credit shall be awarded
9to any prisoner who passes high school equivalency testing
10while the prisoner is committed to the Department of
11Corrections. The sentence credit awarded under this paragraph
12(4.1) shall be in addition to, and shall not affect, the award
13of sentence credit under any other paragraph of this Section,
14but shall also be pursuant to the guidelines and restrictions
15set forth in paragraph (4) of subsection (a) of this Section.
16The sentence credit provided for in this paragraph shall be
17available only to those prisoners who have not previously
18earned a high school diploma or a high school equivalency
19certificate. If, after an award of the high school equivalency
20testing sentence credit has been made, the Department
21determines that the prisoner was not eligible, then the award
22shall be revoked. The Department may also award 90 days of
23sentence credit to any committed person who passed high school
24equivalency testing while he or she was held in pre-trial
25detention prior to the current commitment to the Department of
26Corrections. Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations shall provide that
2an additional 120 days of sentence credit shall be awarded to
3any prisoner who obtains an associate degree while the
4prisoner is committed to the Department of Corrections,
5regardless of the date that the associate degree was obtained,
6including if prior to July 1, 2021 (the effective date of
7Public Act 101-652). The sentence credit awarded under this
8paragraph (4.1) shall be in addition to, and shall not affect,
9the award of sentence credit under any other paragraph of this
10Section, but shall also be under the guidelines and
11restrictions set forth in paragraph (4) of subsection (a) of
12this Section. The sentence credit provided for in this
13paragraph (4.1) shall be available only to those prisoners who
14have not previously earned an associate degree prior to the
15current commitment to the Department of Corrections. If, after
16an award of the associate degree sentence credit has been made
17and the Department determines that the prisoner was not
18eligible, then the award shall be revoked. The Department may
19also award 120 days of sentence credit to any committed person
20who earned an associate degree while he or she was held in
21pre-trial detention prior to the current commitment to the
22Department of Corrections.
23    Except as provided in paragraph (4.7) of this subsection
24(a), the rules and regulations shall provide that an
25additional 180 days of sentence credit shall be awarded to any
26prisoner who obtains a bachelor's degree while the prisoner is

 

 

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

 

 

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1provided for in this paragraph shall be available only to
2those prisoners who have not previously earned a master's or
3professional degree prior to the current commitment to the
4Department of Corrections. If, after an award of the master's
5or professional degree sentence credit has been made, the
6Department determines that the prisoner was not eligible, then
7the award shall be revoked. The Department may also award 180
8days of sentence credit to any committed person who earned a
9master's or professional degree while he or she was held in
10pre-trial detention prior to the current commitment to the
11Department of Corrections.
12    (4.2) The rules and regulations shall also provide that
13any prisoner engaged in self-improvement programs, volunteer
14work, or work assignments that are not otherwise eligible
15activities under paragraph (4), shall receive up to 0.5 days
16of sentence credit for each day in which the prisoner is
17engaged in activities described in this paragraph.
18    (4.5) The rules and regulations on sentence credit shall
19also provide that when the court's sentencing order recommends
20a prisoner for substance abuse treatment and the crime was
21committed on or after September 1, 2003 (the effective date of
22Public Act 93-354), the prisoner shall receive no sentence
23credit awarded under clause (3) of this subsection (a) unless
24he or she participates in and completes a substance abuse
25treatment program. The Director of Corrections may waive the
26requirement to participate in or complete a substance abuse

 

 

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

 

 

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1either the Director's sole discretion, be awarded sentence
2credit at a rate as the Director shall determine.
3    (4.7) On or after January 1, 2018 (the effective date of
4Public Act 100-3), sentence credit under paragraph (3), (4),
5or (4.1) of this subsection (a) may be awarded to a prisoner
6who is serving a sentence for an offense described in
7paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
8on or after January 1, 2018 (the effective date of Public Act
9100-3); provided, the award of the credits under this
10paragraph (4.7) shall not reduce the sentence of the prisoner
11to less than the following amounts:
12        (i) 85% of his or her sentence if the prisoner is
13    required to serve 85% of his or her sentence; or
14        (ii) 60% of his or her sentence if the prisoner is
15    required to serve 75% of his or her sentence, except if the
16    prisoner is serving a sentence for gunrunning his or her
17    sentence shall not be reduced to less than 75%.
18        (iii) 100% of his or her sentence if the prisoner is
19    required to serve 100% of his or her sentence.
20    (5) Whenever the Department is to release any inmate
21earlier than it otherwise would because of a grant of earned
22sentence credit under paragraph (3) of subsection (a) of this
23Section given at any time during the term, the Department
24shall give reasonable notice of the impending release not less
25than 14 days prior to the date of the release to the State's
26Attorney of the county where the prosecution of the inmate

 

 

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

 

 

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1violations, during imprisonment. These rules and regulations
2shall provide that no inmate may be penalized more than one
3year of sentence credit for any one infraction.
4    (2) When the Department seeks to revoke, suspend, or
5reduce the rate of accumulation of any sentence credits for an
6alleged infraction of its rules, it shall bring charges
7therefor against the prisoner sought to be so deprived of
8sentence credits before the Prisoner Review Board as provided
9in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
10amount of credit at issue exceeds 30 days, whether from one
11infraction or cumulatively from multiple infractions arising
12out of a single event, or when, during any 12-month period, the
13cumulative amount of credit revoked exceeds 30 days except
14where the infraction is committed or discovered within 60 days
15of scheduled release. In those cases, the Department of
16Corrections may revoke up to 30 days of sentence credit. The
17Board may subsequently approve the revocation of additional
18sentence credit, if the Department seeks to revoke sentence
19credit in excess of 30 days. However, the Board shall not be
20empowered to review the Department's decision with respect to
21the loss of 30 days of sentence credit within any calendar year
22for any prisoner or to increase any penalty beyond the length
23requested by the Department.
24    (3) The Director of the Department of Corrections or the
25Director of Juvenile Justice, in appropriate cases, may
26restore sentence credits which have been revoked, suspended,

 

 

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1or reduced. The Department shall prescribe rules and
2regulations governing the restoration of sentence credits.
3These rules and regulations shall provide for the automatic
4restoration of sentence credits following a period in which
5the prisoner maintains a record without a disciplinary
6violation.
7    Nothing contained in this Section shall prohibit the
8Prisoner Review Board from ordering, pursuant to Section
93-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
10sentence imposed by the court that was not served due to the
11accumulation of sentence credit.
12    (d) If a lawsuit is filed by a prisoner in an Illinois or
13federal court against the State, the Department of
14Corrections, or the Prisoner Review Board, or against any of
15their officers or employees, and the court makes a specific
16finding that a pleading, motion, or other paper filed by the
17prisoner is frivolous, the Department of Corrections shall
18conduct a hearing to revoke up to 180 days of sentence credit
19by bringing charges against the prisoner sought to be deprived
20of the sentence credits before the Prisoner Review Board as
21provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
22If the prisoner has not accumulated 180 days of sentence
23credit at the time of the finding, then the Prisoner Review
24Board may revoke all sentence credit accumulated by the
25prisoner.
26    For purposes of this subsection (d):

 

 

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

 

 

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1    under federal law (28 U.S.C. 2254), a petition for claim
2    under the Court of Claims Act, an action under the federal
3    Civil Rights Act (42 U.S.C. 1983), or a second or
4    subsequent petition for post-conviction relief under
5    Article 122 of the Code of Criminal Procedure of 1963
6    whether filed with or without leave of court or a second or
7    subsequent petition for relief from judgment under Section
8    2-1401 of the Code of Civil Procedure.
9    (e) Nothing in Public Act 90-592 or 90-593 affects the
10validity of Public Act 89-404.
11    (f) Whenever the Department is to release any inmate who
12has been convicted of a violation of an order of protection
13under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
14the Criminal Code of 2012, earlier than it otherwise would
15because of a grant of sentence credit, the Department, as a
16condition of release, shall require that the person, upon
17release, be placed under electronic surveillance as provided
18in Section 5-8A-7 of this Code.
19(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
20102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.