102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2115

 

Introduced 2/26/2021, by Sen. Robert Peters

 

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

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


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A BILL FOR

 

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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 this Section paragraph (4.7) of
22this subsection (a), the rules and regulations on sentence
23credit shall provide, with respect to offenses listed in

 

 

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1clause (i), (ii), or (iii) of this paragraph (2) committed on
2or after June 19, 1998 or with respect to the offense listed in
3clause (iv) of this paragraph (2) committed on or after June
423, 2005 (the effective date of Public Act 94-71) or with
5respect to offense listed in clause (vi) committed on or after
6June 1, 2008 (the effective date of Public Act 95-625) or with
7respect to the offense of being an armed habitual criminal
8committed on or after August 2, 2005 (the effective date of
9Public Act 94-398) or with respect to the offenses listed in
10clause (v) of this paragraph (2) committed on or after August
1113, 2007 (the effective date of Public Act 95-134) or with
12respect to the offense of aggravated domestic battery
13committed on or after July 23, 2010 (the effective date of
14Public Act 96-1224) or with respect to the offense of attempt
15to commit terrorism committed on or after January 1, 2013 (the
16effective date of Public Act 97-990), the following:
17        (i) that a prisoner who is serving a term of
18    imprisonment for first degree murder or for the offense of
19    terrorism shall receive no sentence credit and shall serve
20    the entire sentence imposed by the court;
21        (ii) that a prisoner serving a sentence for attempt to
22    commit terrorism, attempt to commit first degree murder,
23    solicitation of murder, solicitation of murder for hire,
24    intentional homicide of an unborn child, predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, criminal sexual assault, aggravated

 

 

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

 

 

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

 

 

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1        (vii) that a prisoner serving a sentence for
2    aggravated domestic battery shall receive no more than 4.5
3    days of sentence credit for each month of his or her
4    sentence of imprisonment.
5    (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii)
13committed on or after July 23, 2010 (the effective date of
14Public Act 96-1224), and other than the offense of aggravated
15driving under the influence of alcohol, other drug or drugs,
16or intoxicating compound or compounds, or any combination
17thereof as defined in subparagraph (F) of paragraph (1) of
18subsection (d) of Section 11-501 of the Illinois Vehicle Code,
19and other than the offense of aggravated driving under the
20influence of alcohol, other drug or drugs, or intoxicating
21compound or compounds, or any combination thereof as defined
22in subparagraph (C) of paragraph (1) of subsection (d) of
23Section 11-501 of the Illinois Vehicle Code committed on or
24after January 1, 2011 (the effective date of Public Act
2596-1230), the rules and regulations shall provide that a
26prisoner who is serving a term of imprisonment shall receive

 

 

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

 

 

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1Public Act 91-121), that a prisoner serving a sentence for any
2of these offenses shall receive no more than 4.5 days of
3sentence credit for each month of his or her sentence of
4imprisonment.
5    (2.5) Except as provided in this Section paragraph (4.7)
6of this subsection (a), the rules and regulations on sentence
7credit shall provide that a prisoner who is serving a sentence
8for aggravated arson committed on or after July 27, 2001 (the
9effective date of Public Act 92-176) shall receive no more
10than 4.5 days of sentence credit for each month of his or her
11sentence of imprisonment.
12    (2.6) Except as provided in this Section paragraph (4.7)
13of this subsection (a), the rules and regulations on sentence
14credit shall provide that a prisoner who is serving a sentence
15for aggravated driving under the influence of alcohol, other
16drug or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of
18paragraph (1) of subsection (d) of Section 11-501 of the
19Illinois Vehicle Code committed on or after January 1, 2011
20(the effective date of Public Act 96-1230) shall receive no
21more than 4.5 days of sentence credit for each month of his or
22her sentence of imprisonment.
23    (3) In addition to the sentence credits earned under
24paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
25(a), the rules and regulations shall also provide that the
26Director may award up to 180 days of earned sentence credit for

 

 

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1good conduct in specific instances as the Director deems
2proper. The good conduct may include, but is not limited to,
3compliance with the rules and regulations of the Department,
4service to the Department, service to a community, or service
5to the State.
6    Notwithstanding any provision of this Code to the
7contrary, on and after the effective date of this amendatory
8Act of the 102nd General Assembly, the Director may award
9earned sentence credit under this paragraph (3) to persons who
10are required to serve their entire sentence imposed by the
11court, persons who receive no more than 4.5 days of sentence
12credit for each month of his or her sentence of imprisonment,
13and persons who receive no more than 7.5 days sentence credit
14for each month of his or her sentence of imprisonment. A person
15may not earn sentence credit for good conduct in specific
16instances that occurred before the effective date of this
17amendatory Act of the 102nd General Assembly. The supplemental
18sentence credit shall be limited as follows:
19        (A) a person who is required to serve the entire
20    sentence imposed by the court may earn not more than 3 days
21    sentence credit for each month of his or her sentence of
22    imprisonment;
23        (B) a person who receives no more than 4.5 days of
24    sentence credit for each month of his or her sentence of
25    imprisonment may earn no more than 7.5 days sentence
26    credit for each month of his or her sentence of

 

 

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1    imprisonment; and
2        (C) a person who receives no more than 7.5 days
3    sentence credit for each month of his or her sentence of
4    imprisonment may earn no more than 12 days sentence credit
5    for each month of his or her sentence of imprisonment.
6    Eligible inmates for an award of earned sentence credit
7under this paragraph (3) may be selected to receive the credit
8at the Director's or his or her designee's sole discretion.
9Eligibility for the additional earned sentence credit under
10this paragraph (3) shall be based on, but is not limited to,
11the results of any available risk/needs assessment or other
12relevant assessments or evaluations administered by the
13Department using a validated instrument, the circumstances of
14the crime, any history of conviction for a forcible felony
15enumerated in Section 2-8 of the Criminal Code of 2012, the
16inmate's behavior and disciplinary history while incarcerated,
17and the inmate's commitment to rehabilitation, including
18participation in programming offered by the Department.
19    The Director shall not award sentence credit under this
20paragraph (3) to an inmate unless the inmate has served a
21minimum of 60 days of the sentence; except nothing in this
22paragraph shall be construed to permit the Director to extend
23an inmate's sentence beyond that which was imposed by the
24court. Prior to awarding credit under this paragraph (3), the
25Director shall make a written determination that the inmate:
26        (A) is eligible for the earned sentence credit;

 

 

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1        (B) has served a minimum of 60 days, or as close to 60
2    days as the sentence will allow;
3        (B-1) has received a risk/needs assessment or other
4    relevant evaluation or assessment administered by the
5    Department using a validated instrument; and
6        (C) has met the eligibility criteria established by
7    rule for earned sentence credit.
8    The Director shall determine the form and content of the
9written determination required in this subsection.
10    (3.5) The Department shall provide annual written reports
11to the Governor and the General Assembly on the award of earned
12sentence credit no later than February 1 of each year. The
13Department must publish both reports on its website within 48
14hours of transmitting the reports to the Governor and the
15General Assembly. The reports must include:
16        (A) the number of inmates awarded earned sentence
17    credit;
18        (B) the average amount of earned sentence credit
19    awarded;
20        (C) the holding offenses of inmates awarded earned
21    sentence credit; and
22        (D) the number of earned sentence credit revocations.
23    (4)(A) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that the sentence credit accumulated and retained under
26paragraph (2.1) of subsection (a) of this Section by any

 

 

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1inmate during specific periods of time in which such inmate is
2engaged full-time in substance abuse programs, correctional
3industry assignments, educational programs, behavior
4modification programs, life skills courses, or re-entry
5planning provided by the Department under this paragraph (4)
6and satisfactorily completes the assigned program as
7determined by the standards of the Department, shall be
8multiplied by a factor of 1.25 for program participation
9before August 11, 1993 and 1.50 for program participation on
10or after that date. The rules and regulations shall also
11provide that sentence credit, subject to the same offense
12limits and multiplier provided in this paragraph, may be
13provided to an inmate who was held in pre-trial detention
14prior to his or her current commitment to the Department of
15Corrections and successfully completed a full-time, 60-day or
16longer substance abuse program, educational program, behavior
17modification program, life skills course, or re-entry planning
18provided by the county department of corrections or county
19jail. Calculation of this county program credit shall be done
20at sentencing as provided in Section 5-4.5-100 of this Code
21and shall be included in the sentencing order. However, no
22inmate shall be eligible for the additional sentence credit
23under this paragraph (4) or (4.1) of this subsection (a) while
24assigned to a boot camp or electronic detention.
25    (B) The Department shall award sentence credit under this
26paragraph (4) accumulated prior to January 1, 2020 (the

 

 

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

 

 

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1is entitled to sentence credit under subparagraph (B) in
2excess of 45 days of participation in those programs, the
3inmate shall receive 90 days of sentence credit. If the inmate
4cannot provide documentation of more than 45 days of
5participation in those programs, the inmate shall receive 45
6days of sentence credit. In the event of a disagreement
7between the Department and the inmate as to the amount of
8credit accumulated under subparagraph (B), if the Department
9provides documented proof of a lesser amount of days of
10participation in those programs, that proof shall control. If
11the Department provides no documentary proof, the inmate's
12proof as set forth in clause (ii) of subparagraph (B) shall
13control as to the amount of sentence credit provided.
14    (D) If the inmate has been convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act,
16sentencing credits under subparagraph (B) of this paragraph
17(4) shall be awarded by the Department only if the conditions
18set forth in paragraph (4.6) of subsection (a) are satisfied.
19No inmate serving a term of natural life imprisonment shall
20receive sentence credit under subparagraph (B) of this
21paragraph (4).
22    Educational, vocational, substance abuse, behavior
23modification programs, life skills courses, re-entry planning,
24and correctional industry programs under which sentence credit
25may be increased under this paragraph (4) and paragraph (4.1)
26of this subsection (a) shall be evaluated by the Department on

 

 

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

 

 

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

 

 

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

 

 

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1    (4.5) The rules and regulations on sentence credit shall
2also provide that when the court's sentencing order recommends
3a prisoner for substance abuse treatment and the crime was
4committed on or after September 1, 2003 (the effective date of
5Public Act 93-354), the prisoner shall receive no sentence
6credit awarded under clause (3) of this subsection (a) unless
7he or she participates in and completes a substance abuse
8treatment program. The Director may waive the requirement to
9participate in or complete a substance abuse treatment program
10in specific instances if the prisoner is not a good candidate
11for a substance abuse treatment program for medical,
12programming, or operational reasons. Availability of substance
13abuse treatment shall be subject to the limits of fiscal
14resources appropriated by the General Assembly for these
15purposes. If treatment is not available and the requirement to
16participate and complete the treatment has not been waived by
17the Director, the prisoner shall be placed on a waiting list
18under criteria established by the Department. The Director may
19allow a prisoner placed on a waiting list to participate in and
20complete a substance abuse education class or attend substance
21abuse self-help meetings in lieu of a substance abuse
22treatment program. A prisoner on a waiting list who is not
23placed in a substance abuse program prior to release may be
24eligible for a waiver and receive sentence credit under clause
25(3) of this subsection (a) at the discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

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1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to
7receive treatment, but who are unable to do so due solely to
8the lack of resources on the part of the Department, may, at
9the Director's sole discretion, be awarded sentence credit at
10a rate as the Director shall determine.
11    (4.7) On or after January 1, 2018 (the effective date of
12Public Act 100-3) this amendatory Act of the 100th General
13Assembly, sentence credit under paragraph (3), (4), or (4.1)
14of this subsection (a) may be awarded to a prisoner who is
15serving a sentence for an offense described in paragraph (2),
16(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
17January 1, 2018 (the effective date of Public Act 100-3) this
18amendatory Act of the 100th General Assembly; provided, the
19award of the credits under this paragraph (4.7) shall not
20reduce the sentence of the prisoner to less than the following
21amounts:
22        (i) 75% 85% of his or her sentence if the prisoner is
23    required to serve 85% of his or her sentence; or
24        (ii) 60% of his or her sentence if the prisoner is
25    required to serve 75% of his or her sentence, except if the
26    prisoner is serving a sentence for gunrunning his or her

 

 

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1    sentence shall not be reduced to less than 75%; or .
2        (iii) 90% 100% of his or her sentence if the prisoner
3    is required to serve 100% of his or her sentence.
4    (5) Whenever the Department is to release any inmate
5earlier than it otherwise would because of a grant of earned
6sentence credit under paragraph (3) of subsection (a) of this
7Section given at any time during the term, the Department
8shall give reasonable notice of the impending release not less
9than 14 days prior to the date of the release to the State's
10Attorney of the county where the prosecution of the inmate
11took place, and if applicable, the State's Attorney of the
12county into which the inmate will be released. The Department
13must also make identification information and a recent photo
14of the inmate being released accessible on the Internet by
15means of a hyperlink labeled "Community Notification of Inmate
16Early Release" on the Department's World Wide Web homepage.
17The identification information shall include the inmate's:
18name, any known alias, date of birth, physical
19characteristics, commitment offense, and county where
20conviction was imposed. The identification information shall
21be placed on the website within 3 days of the inmate's release
22and the information may not be removed until either:
23completion of the first year of mandatory supervised release
24or return of the inmate to custody of the Department.
25    (b) Whenever a person is or has been committed under
26several convictions, with separate sentences, the sentences

 

 

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1shall be construed under Section 5-8-4 in granting and
2forfeiting of sentence credit.
3    (c) The Department shall prescribe rules and regulations
4for revoking sentence credit, including revoking sentence
5credit awarded under paragraph (3) of subsection (a) of this
6Section. The Department shall prescribe rules and regulations
7for suspending or reducing the rate of accumulation of
8sentence credit for specific rule violations, during
9imprisonment. These rules and regulations shall provide that
10no inmate may be penalized more than one year of sentence
11credit for any one infraction.
12    When the Department seeks to revoke, suspend, or reduce
13the rate of accumulation of any sentence credits for an
14alleged infraction of its rules, it shall bring charges
15therefor against the prisoner sought to be so deprived of
16sentence credits before the Prisoner Review Board as provided
17in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
18amount of credit at issue exceeds 30 days or when, during any
1912-month 12 month period, the cumulative amount of credit
20revoked exceeds 30 days except where the infraction is
21committed or discovered within 60 days of scheduled release.
22In those cases, the Department of Corrections may revoke up to
2330 days of sentence credit. The Board may subsequently approve
24the revocation of additional sentence credit, if the
25Department seeks to revoke sentence credit in excess of 30
26days. However, the Board shall not be empowered to review the

 

 

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1Department's decision with respect to the loss of 30 days of
2sentence credit within any calendar year for any prisoner or
3to increase any penalty beyond the length requested by the
4Department.
5    The Director of the Department of Corrections, in
6appropriate cases, may restore up to 30 days of sentence
7credits which have been revoked, suspended, or reduced. Any
8restoration of sentence credits in excess of 30 days shall be
9subject to review by the Prisoner Review Board. However, the
10Board may not restore sentence credit in excess of the amount
11requested by the Director.
12    Nothing contained in this Section shall prohibit the
13Prisoner Review Board from ordering, pursuant to Section
143-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
15sentence imposed by the court that was not served due to the
16accumulation of sentence credit.
17    (d) If a lawsuit is filed by a prisoner in an Illinois or
18federal court against the State, the Department of
19Corrections, or the Prisoner Review Board, or against any of
20their officers or employees, and the court makes a specific
21finding that a pleading, motion, or other paper filed by the
22prisoner is frivolous, the Department of Corrections shall
23conduct a hearing to revoke up to 180 days of sentence credit
24by bringing charges against the prisoner sought to be deprived
25of the sentence credits before the Prisoner Review Board as
26provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

 

 

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

 

 

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1        identified, are not reasonably based on a lack of
2        information or belief.
3        (2) "Lawsuit" means a motion pursuant to Section 116-3
4    of the Code of Criminal Procedure of 1963, a habeas corpus
5    action under Article X of the Code of Civil Procedure or
6    under federal law (28 U.S.C. 2254), a petition for claim
7    under the Court of Claims Act, an action under the federal
8    Civil Rights Act (42 U.S.C. 1983), or a second or
9    subsequent petition for post-conviction relief under
10    Article 122 of the Code of Criminal Procedure of 1963
11    whether filed with or without leave of court or a second or
12    subsequent petition for relief from judgment under Section
13    2-1401 of the Code of Civil Procedure.
14    (e) Nothing in Public Act 90-592 or 90-593 affects the
15validity of Public Act 89-404.
16    (f) Whenever the Department is to release any inmate who
17has been convicted of a violation of an order of protection
18under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19the Criminal Code of 2012, earlier than it otherwise would
20because of a grant of sentence credit, the Department, as a
21condition of release, shall require that the person, upon
22release, be placed under electronic surveillance as provided
23in Section 5-8A-7 of this Code.
24(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
25101-440, eff. 1-1-20; revised 8-19-20.)