103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2259

 

Introduced 2/10/2023, 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. Provides that a prisoner who is serving a sentence for first degree murder, other than serving a term of natural life imprisonment, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than serve the entire sentence imposed by the court). Changes certain sentence credits for a prisoner from no more than 4.5 to no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that the Director of Corrections or the Director of Juvenile Justice may award earned sentence credits if the credits do not reduce the sentence by a specified amount (rather than award up to 180 days of earned sentence credit for prisoners serving a sentence or incarcerating of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer). Provides that the Department of Corrections or the Department of Juvenile Justice shall award sentence credit accumulated prior to the effective date of the amendatory Act in an amount specified to an inmate serving a sentence for an offense committed on or after June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit based upon specified documentation.


LRB103 29018 RLC 55404 b

 

 

A BILL FOR

 

SB2259LRB103 29018 RLC 55404 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 of Corrections and the
11Department of Juvenile Justice shall prescribe rules and
12regulations for awarding and revoking sentence credit for
13persons committed to the Department of Juvenile Justice under
14Section 5-8-6 of the Unified Code of Corrections, which shall
15be subject to review by the Prisoner Review Board.
16    (1.5) As otherwise provided by law, sentence credit may be
17awarded for the following:
18        (A) successful completion of programming while in
19    custody of the Department of Corrections or the Department
20    of Juvenile Justice or while in custody prior to
21    sentencing;
22        (B) compliance with the rules and regulations of the
23    Department; or

 

 

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1        (C) service to the institution, service to a
2    community, or service to the State.
3    (2) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide, with respect to offenses listed in clause (i),
6(ii), or (iii) of this paragraph (2) committed on or after June
719, 1998 or with respect to the offense listed in clause (iv)
8of this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of being an armed habitual criminal committed on or
13after August 2, 2005 (the effective date of Public Act 94-398)
14or with respect to the offenses listed in clause (v) of this
15paragraph (2) committed on or after August 13, 2007 (the
16effective date of Public Act 95-134) or with respect to the
17offense of aggravated domestic battery committed on or after
18July 23, 2010 (the effective date of Public Act 96-1224) or
19with respect to the offense of attempt to commit terrorism
20committed on or after January 1, 2013 (the effective date of
21Public Act 97-990), the following:
22        (i) that a prisoner who is serving a term of
23    imprisonment for first degree murder or for the offense of
24    terrorism shall receive no sentence credit and shall serve
25    the entire sentence imposed by the court;
26        (ii) that a prisoner serving a sentence for attempt to

 

 

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1    commit terrorism, attempt to commit first degree murder,
2    solicitation of murder, solicitation of murder for hire,
3    intentional homicide of an unborn child, predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, criminal sexual assault, aggravated
6    kidnapping, aggravated battery with a firearm as described
7    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
8    or (e)(4) of Section 12-3.05, heinous battery as described
9    in Section 12-4.1 or subdivision (a)(2) of Section
10    12-3.05, being an armed habitual criminal, aggravated
11    battery of a senior citizen as described in Section 12-4.6
12    or subdivision (a)(4) of Section 12-3.05, or aggravated
13    battery of a child as described in Section 12-4.3 or
14    subdivision (b)(1) of Section 12-3.05 shall receive no
15    more than 7.5 4.5 days of sentence credit for each month of
16    his or her sentence of imprisonment;
17        (iii) that a prisoner serving a sentence for home
18    invasion, armed robbery, aggravated vehicular hijacking,
19    aggravated discharge of a firearm, or armed violence with
20    a category I weapon or category II weapon, when the court
21    has made and entered a finding, pursuant to subsection
22    (c-1) of Section 5-4-1 of this Code, that the conduct
23    leading to conviction for the enumerated offense resulted
24    in great bodily harm to a victim, shall receive no more
25    than 7.5 4.5 days of sentence credit for each month of his
26    or her sentence of imprisonment;

 

 

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

 

 

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1    month of his or her sentence of imprisonment;
2        (vi) that a prisoner serving a sentence for a second
3    or subsequent offense of luring a minor shall receive no
4    more than 7.5 4.5 days of sentence credit for each month of
5    his or her sentence of imprisonment; and
6        (vii) that a prisoner serving a sentence for
7    aggravated domestic battery shall receive no more than 7.5
8    4.5 days of sentence credit for each month of his or her
9    sentence of imprisonment; and .
10        (viii) that a person serving a sentence for first
11    degree murder, other than those serving a term of natural
12    life imprisonment, shall receive no more than 4.5 days of
13    sentence credit for each month of his or her sentence of
14    imprisonment.
15    (2.1) For all offenses, other than those enumerated in
16subdivision (a)(2)(i), (ii), or (iii) committed on or after
17June 19, 1998 or subdivision (a)(2)(iv) committed on or after
18June 23, 2005 (the effective date of Public Act 94-71) or
19subdivision (a)(2)(v) committed on or after August 13, 2007
20(the effective date of Public Act 95-134) or subdivision
21(a)(2)(vi) committed on or after June 1, 2008 (the effective
22date of Public Act 95-625) or subdivision (a)(2)(vii)
23committed on or after July 23, 2010 (the effective date of
24Public Act 96-1224), or subdivision (a)(2)(viii) committed on
25or after the effective date of this amendatory Act of the 103rd
26General Assembly, and other than the offense of aggravated

 

 

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1driving under the influence of alcohol, other drug or drugs,
2or intoxicating compound or compounds, or any combination
3thereof as defined in subparagraph (F) of paragraph (1) of
4subsection (d) of Section 11-501 of the Illinois Vehicle Code,
5and other than the offense of aggravated driving under the
6influence of alcohol, other drug or drugs, or intoxicating
7compound or compounds, or any combination thereof as defined
8in subparagraph (C) of paragraph (1) of subsection (d) of
9Section 11-501 of the Illinois Vehicle Code committed on or
10after January 1, 2011 (the effective date of Public Act
1196-1230), the rules and regulations shall provide that a
12prisoner who is serving a term of imprisonment shall receive
13one day of sentence credit for each day of his or her sentence
14of imprisonment or recommitment under Section 3-3-9. Each day
15of sentence credit shall reduce by one day the prisoner's
16period of imprisonment or recommitment under Section 3-3-9.
17    (2.2) A prisoner serving a term of natural life
18imprisonment or a prisoner who has been sentenced to death
19shall receive no sentence credit.
20    (2.3) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations on sentence credit
22shall provide that a prisoner who is serving a sentence for
23aggravated driving under the influence of alcohol, other drug
24or drugs, or intoxicating compound or compounds, or any
25combination thereof as defined in subparagraph (F) of
26paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1Illinois Vehicle Code, shall receive no more than 7.5 4.5 days
2of sentence credit for each month of his or her sentence of
3imprisonment.
4    (2.4) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide with respect to the offenses of aggravated
7battery with a machine gun or a firearm equipped with any
8device or attachment designed or used for silencing the report
9of a firearm or aggravated discharge of a machine gun or a
10firearm equipped with any device or attachment designed or
11used for silencing the report of a firearm, committed on or
12after July 15, 1999 (the effective date of Public Act 91-121),
13that a prisoner serving a sentence for any of these offenses
14shall receive no more than 7.5 4.5 days of sentence credit for
15each month of his or her sentence of imprisonment.
16    (2.5) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated arson committed on or after July 27, 2001 (the
20effective date of Public Act 92-176) shall receive no more
21than 7.5 4.5 days of sentence credit for each month of his or
22her sentence of imprisonment.
23    (2.6) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide that a prisoner who is serving a sentence for
26aggravated driving under the influence of alcohol, other drug

 

 

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1or drugs, or intoxicating compound or compounds or any
2combination thereof as defined in subparagraph (C) of
3paragraph (1) of subsection (d) of Section 11-501 of the
4Illinois Vehicle Code committed on or after January 1, 2011
5(the effective date of Public Act 96-1230) shall receive no
6more than 7.5 4.5 days of sentence credit for each month of his
7or her sentence of imprisonment.
8    (3) In addition to the sentence credits earned under
9paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
10subsection (a), the rules and regulations shall also provide
11that the Director of Corrections or the Director of Juvenile
12Justice may award up to 180 days of earned sentence credit;
13provided that such earned sentence credit shall not reduce the
14sentence of the prisoner to less than the amounts set forth in
15subparagraphs (i), (ii), (iii), and (iv) of paragraph (4.7) of
16this subsection (a) for prisoners serving a sentence of
17incarceration of less than 5 years, and up to 365 days of
18earned sentence credit for prisoners serving a sentence of 5
19years or longer. The Director may grant this credit for good
20conduct in specific instances as either Director deems proper
21for eligible persons in the custody of each Director's
22respective Department. The good conduct may include, but is
23not limited to, compliance with the rules and regulations of
24the Department, service to the Department, service to a
25community, or service to the State.
26    Eligible inmates for an award of earned sentence credit

 

 

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

 

 

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1    days as the sentence will allow;
2        (B-1) has received a risk/needs assessment or other
3    relevant evaluation or assessment administered by the
4    Department using a validated instrument; and
5        (C) has met the eligibility criteria established by
6    rule for earned sentence credit.
7    The Director of Corrections or the Director of Juvenile
8Justice shall determine the form and content of the written
9determination 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 any prisoner who is engaged full-time in substance abuse
26programs, correctional industry assignments, educational

 

 

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1programs, work-release programs or activities in accordance
2with Article 13 of Chapter III of this Code, behavior
3modification programs, life skills courses, or re-entry
4planning provided by the Department under this paragraph (4)
5and satisfactorily completes the assigned program as
6determined by the standards of the Department, shall receive
7one day of sentence credit for each day in which that prisoner
8is engaged in the activities described in this paragraph. The
9rules and regulations shall also provide that sentence credit
10may be provided to an inmate who was held in pre-trial
11detention prior to his or her current commitment to the
12Department of Corrections and successfully completed a
13full-time, 60-day or longer substance abuse program,
14educational program, behavior modification program, life
15skills course, or re-entry planning provided by the county
16department of corrections or county jail. Calculation of this
17county program credit shall be done at sentencing as provided
18in Section 5-4.5-100 of this Code and shall be included in the
19sentencing order. The rules and regulations shall also provide
20that sentence credit may be provided to an inmate who is in
21compliance with programming requirements in an adult
22transition center.
23    (B) The Department shall award sentence credit under this
24paragraph (4) accumulated prior to January 1, 2020 (the
25effective date of Public Act 101-440) in an amount specified
26in subparagraph (C) of this paragraph (4) to an inmate serving

 

 

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1a sentence for an offense committed prior to June 19, 1998, if
2the Department determines that the inmate is entitled to this
3sentence credit, based upon:
4        (i) documentation provided by the Department that the
5    inmate engaged in any full-time substance abuse programs,
6    correctional industry assignments, educational programs,
7    behavior modification programs, life skills courses, or
8    re-entry planning provided by the Department under this
9    paragraph (4) and satisfactorily completed the assigned
10    program as determined by the standards of the Department
11    during the inmate's current term of incarceration; or
12        (ii) the inmate's own testimony in the form of an
13    affidavit or documentation, or a third party's
14    documentation or testimony in the form of an affidavit
15    that the inmate likely engaged in any full-time substance
16    abuse programs, correctional industry assignments,
17    educational programs, behavior modification programs, life
18    skills courses, or re-entry planning provided by the
19    Department under paragraph (4) and satisfactorily
20    completed the assigned program as determined by the
21    standards of the Department during the inmate's current
22    term of incarceration.
23    (C) If the inmate can provide documentation that he or she
24is entitled to sentence credit under subparagraph (B) in
25excess of 45 days of participation in those programs, the
26inmate shall receive 90 days of sentence credit. If the inmate

 

 

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1cannot provide documentation of more than 45 days of
2participation in those programs, the inmate shall receive 45
3days of sentence credit. In the event of a disagreement
4between the Department and the inmate as to the amount of
5credit accumulated under subparagraph (B), if the Department
6provides documented proof of a lesser amount of days of
7participation in those programs, that proof shall control. If
8the Department provides no documentary proof, the inmate's
9proof as set forth in clause (ii) of subparagraph (B) shall
10control as to the amount of sentence credit provided.
11    (D) If the inmate has been convicted of a sex offense as
12defined in Section 2 of the Sex Offender Registration Act,
13sentencing credits under subparagraph (B) of this paragraph
14(4) shall be awarded by the Department only if the conditions
15set forth in paragraph (4.6) of subsection (a) are satisfied.
16No inmate serving a term of natural life imprisonment shall
17receive sentence credit under subparagraph (B) of this
18paragraph (4).
19    Educational, vocational, substance abuse, behavior
20modification programs, life skills courses, re-entry planning,
21and correctional industry programs under which sentence credit
22may be earned under this paragraph (4) and paragraph (4.1) of
23this subsection (a) shall be evaluated by the Department on
24the basis of documented standards. The Department shall report
25the results of these evaluations to the Governor and the
26General Assembly by September 30th of each year. The reports

 

 

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1shall include data relating to the recidivism rate among
2program participants.
3    Availability of these programs shall be subject to the
4limits of fiscal resources appropriated by the General
5Assembly for these purposes. Eligible inmates who are denied
6immediate admission shall be placed on a waiting list under
7criteria established by the Department. The rules and
8regulations shall provide that a prisoner who has been placed
9on a waiting list but is transferred for non-disciplinary
10reasons before beginning a program shall receive priority
11placement on the waitlist for appropriate programs at the new
12facility. The inability of any inmate to become engaged in any
13such programs by reason of insufficient program resources or
14for any other reason established under the rules and
15regulations of the Department shall not be deemed a cause of
16action under which the Department or any employee or agent of
17the Department shall be liable for damages to the inmate. The
18rules and regulations shall provide that a prisoner who begins
19an educational, vocational, substance abuse, work-release
20programs or activities in accordance with Article 13 of
21Chapter III of this Code, behavior modification program, life
22skills course, re-entry planning, or correctional industry
23programs but is unable to complete the program due to illness,
24disability, transfer, lockdown, or another reason outside of
25the prisoner's control shall receive prorated sentence credits
26for the days in which the prisoner did participate.

 

 

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1    (E) The Department shall award sentence credit under this
2paragraph (4) accumulated prior to the effective date of this
3amendatory Act of the 103rd General Assembly in an amount
4specified in subparagraph (F) of this paragraph (4) to an
5inmate serving a sentence for an offense committed on or after
6June 19, 1998, if the Department determines that the inmate is
7entitled to this sentence credit, based upon:
8        (i) documentation provided by the Department that the
9    inmate engaged in any full-time substance abuse programs,
10    correctional industry assignments, educational programs,
11    behavior modification programs, life skills courses, or
12    re-entry planning provided by the Department under this
13    paragraph (4) and satisfactorily completed the assigned
14    program as determined by the standards of the Department
15    during the inmate's current term of incarceration; or
16        (ii) the inmate's own testimony in the form of an
17    affidavit or documentation, or a third party's
18    documentation or testimony in the form of an affidavit
19    that the inmate likely engaged in any full-time substance
20    abuse programs, correctional industry assignments,
21    educational programs, behavior modification programs, life
22    skills courses, or re-entry planning provided by the
23    Department under this paragraph (4) and satisfactorily
24    completed the assigned program as determined by the
25    standards of the Department during the inmate's current
26    term of incarceration.

 

 

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1    (F) If the inmate can provide documentation that he or she
2is entitled to sentence credit under subparagraph (E), the
3inmate shall receive such sentence credit. If the inmate
4cannot provide documentation of participation in those
5programs, the inmate shall receive up to 0.5 days of sentence
6credit for each day of participation in such a program. In the
7event of a disagreement between the Department and the inmate
8as to the amount of credit accumulated under subparagraph (E),
9if the Department provides documented proof of a lesser amount
10of days of participation in those programs, that proof shall
11control. If the Department provides no documentary proof, the
12inmate's proof as set forth in clause (ii) of subparagraph (E)
13shall control as to the amount of sentence credit provided.
14    (4.1) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations shall also provide
16that an additional 90 days of sentence credit shall be awarded
17to any prisoner who passes high school equivalency testing
18while the prisoner is committed to the Department of
19Corrections. The sentence credit awarded under this paragraph
20(4.1) shall be in addition to, and shall not affect, the award
21of sentence credit under any other paragraph of this Section,
22but shall also be pursuant to the guidelines and restrictions
23set forth in paragraph (4) of subsection (a) of this Section.
24The sentence credit provided for in this paragraph shall be
25available only to those prisoners who have not previously
26earned a high school diploma or a State of Illinois High School

 

 

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1Diploma. If, after an award of the high school equivalency
2testing sentence credit has been made, the Department
3determines that the prisoner was not eligible, then the award
4shall be revoked. The Department may also award 90 days of
5sentence credit to any committed person who passed high school
6equivalency testing while he or she was held in pre-trial
7detention prior to the current commitment to the Department of
8Corrections. Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations shall provide that
10an additional 120 days of sentence credit shall be awarded to
11any prisoner who obtains an associate degree while the
12prisoner is committed to the Department of Corrections,
13regardless of the date that the associate degree was obtained,
14including if prior to July 1, 2021 (the effective date of
15Public Act 101-652). The sentence credit awarded under this
16paragraph (4.1) shall be in addition to, and shall not affect,
17the award of sentence credit under any other paragraph of this
18Section, but shall also be under the guidelines and
19restrictions set forth in paragraph (4) of subsection (a) of
20this Section. The sentence credit provided for in this
21paragraph (4.1) shall be available only to those prisoners who
22have not previously earned an associate degree prior to the
23current commitment to the Department of Corrections. If, after
24an award of the associate degree sentence credit has been made
25and the Department determines that the prisoner was not
26eligible, then the award shall be revoked. The Department may

 

 

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

 

 

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1additional 180 days of sentence credit shall be awarded to any
2prisoner who obtains a master's or professional degree while
3the prisoner is committed to the Department of Corrections.
4The sentence credit awarded under this paragraph (4.1) shall
5be in addition to, and shall not affect, the award of sentence
6credit under any other paragraph of this Section, but shall
7also be under the guidelines and restrictions set forth in
8paragraph (4) of this subsection (a). The sentence credit
9provided for in this paragraph shall be available only to
10those prisoners who have not previously earned a master's or
11professional degree prior to the current commitment to the
12Department of Corrections. If, after an award of the master's
13or professional degree sentence credit has been made, the
14Department determines that the prisoner was not eligible, then
15the award shall be revoked. The Department may also award 180
16days of sentence credit to any committed person who earned a
17master's or professional degree while he or she was held in
18pre-trial detention prior to the current commitment to the
19Department of Corrections.
20    (4.2) The rules and regulations shall also provide that
21any prisoner engaged in self-improvement programs, volunteer
22work, or work assignments that are not otherwise eligible
23activities under paragraph (4), shall receive up to 0.5 days
24of sentence credit for each day in which the prisoner is
25engaged in activities described in this paragraph.
26    (4.5) The rules and regulations on sentence credit shall

 

 

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1also provide that when the court's sentencing order recommends
2a prisoner for substance abuse treatment and the crime was
3committed on or after September 1, 2003 (the effective date of
4Public Act 93-354), the prisoner shall receive no sentence
5credit awarded under clause (3) of this subsection (a) unless
6he or she participates in and completes a substance abuse
7treatment program. The Director of Corrections may waive the
8requirement to participate in or complete a substance abuse
9treatment program in specific instances if the prisoner is not
10a good candidate for a substance abuse treatment program for
11medical, programming, or operational reasons. Availability of
12substance abuse treatment shall be subject to the limits of
13fiscal resources appropriated by the General Assembly for
14these purposes. If treatment is not available and the
15requirement to participate and complete the treatment has not
16been waived by the Director, the prisoner shall be placed on a
17waiting list under criteria established by the Department. The
18Director may allow a prisoner placed on a waiting list to
19participate in and complete a substance abuse education class
20or attend substance abuse self-help meetings in lieu of a
21substance abuse treatment program. A prisoner on a waiting
22list who is not placed in a substance abuse program prior to
23release may be eligible for a waiver and receive sentence
24credit under clause (3) of this subsection (a) at the
25discretion 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
9either Director's sole discretion, be awarded sentence credit
10at a rate as the Director shall determine.
11    (4.7) On or after January 1, 2018 (the effective date of
12Public Act 100-3), sentence credit under paragraph (3), (4),
13or (4.1) of this subsection (a) may be awarded to a prisoner
14who is serving a sentence for an offense described in
15paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
16on or after January 1, 2018 (the effective date of Public Act
17100-3); provided, the award of the credits under this
18paragraph (4.7) shall not reduce the sentence of the prisoner
19to less than the following amounts:
20        (i) 85% of his or her sentence if the prisoner is
21    required to serve 85% of his or her sentence; or
22        (ii) 60% of his or her sentence if the prisoner is
23    required to serve 60% 75% of his or her sentence, except if
24    the prisoner is serving a sentence for gunrunning his or
25    her sentence shall not be reduced to less than 75%.
26        (iii) 100% of his or her sentence if the prisoner is

 

 

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1    required to serve 100% of his or her sentence; or .
2        (iv) 70% of his or her sentence if the prisoner is
3    required to serve 70% 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) (1) The Department shall prescribe rules and
4regulations for revoking sentence credit, including revoking
5sentence credit awarded under paragraph (3) of subsection (a)
6of this Section. The Department shall prescribe rules and
7regulations establishing and requiring the use of a sanctions
8matrix for revoking sentence credit. The Department shall
9prescribe rules and regulations for suspending or reducing the
10rate of accumulation of sentence credit for specific rule
11violations, during imprisonment. These rules and regulations
12shall provide that no inmate may be penalized more than one
13year of sentence credit for any one infraction.
14    (2) When the Department seeks to revoke, suspend, or
15reduce the rate of accumulation of any sentence credits for an
16alleged infraction of its rules, it shall bring charges
17therefor against the prisoner sought to be so deprived of
18sentence credits before the Prisoner Review Board as provided
19in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20amount of credit at issue exceeds 30 days, whether from one
21infraction or cumulatively from multiple infractions arising
22out of a single event, or when, during any 12-month period, the
23cumulative amount of credit revoked exceeds 30 days except
24where the infraction is committed or discovered within 60 days
25of scheduled release. In those cases, the Department of
26Corrections may revoke up to 30 days of sentence credit. The

 

 

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1Board may subsequently approve the revocation of additional
2sentence credit, if the Department seeks to revoke sentence
3credit in excess of 30 days. However, the Board shall not be
4empowered to review the Department's decision with respect to
5the loss of 30 days of sentence credit within any calendar year
6for any prisoner or to increase any penalty beyond the length
7requested by the Department.
8    (3) The Director of Corrections or the Director of
9Juvenile Justice, in appropriate cases, may restore sentence
10credits which have been revoked, suspended, or reduced. The
11Department shall prescribe rules and regulations governing the
12restoration of sentence credits. These rules and regulations
13shall provide for the automatic restoration of sentence
14credits following a period in which the prisoner maintains a
15record without a disciplinary violation.
16    Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21    (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of
23Corrections, or the Prisoner Review Board, or against any of
24their officers or employees, and the court makes a specific
25finding that a pleading, motion, or other paper filed by the
26prisoner is frivolous, the Department of Corrections shall

 

 

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

 

 

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

 

 

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1in Section 5-8A-7 of this Code.
2(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
3102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
45-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)