SB1013 Enrolled LRB096 07091 RLC 17177 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing 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 Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses listed in clause (i),
14     (ii), or (iii) of this paragraph (2) committed on or after
15     June 19, 1998 or with respect to the offense listed in
16     clause (iv) of this paragraph (2) committed on or after
17     June 23, 2005 (the effective date of Public Act 94-71) or
18     with respect to offense listed in clause (vi) committed on
19     or after June 1, 2008 (the effective date of Public Act
20     95-625) or with respect to the offense of being an armed
21     habitual criminal committed on or after August 2, 2005 (the
22     effective date of Public Act 94-398) or with respect to the
23     offenses listed in clause (v) of this paragraph (2)

 

 

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1     committed on or after August 13, 2007 (the effective date
2     of Public Act 95-134), the following:
3             (i) that a prisoner who is serving a term of
4         imprisonment for first degree murder or for the offense
5         of terrorism shall receive no good conduct credit and
6         shall serve the entire sentence imposed by the court;
7             (ii) that a prisoner serving a sentence for attempt
8         to commit first degree murder, solicitation of murder,
9         solicitation of murder for hire, intentional homicide
10         of an unborn child, predatory criminal sexual assault
11         of a child, aggravated criminal sexual assault,
12         criminal sexual assault, aggravated kidnapping,
13         aggravated battery with a firearm, heinous battery,
14         being an armed habitual criminal, aggravated battery
15         of a senior citizen, or aggravated battery of a child
16         shall receive no more than 4.5 days of good conduct
17         credit for each month of his or her sentence of
18         imprisonment;
19             (iii) that a prisoner serving a sentence for home
20         invasion, armed robbery, aggravated vehicular
21         hijacking, aggravated discharge of a firearm, or armed
22         violence with a category I weapon or category II
23         weapon, when the court has made and entered a finding,
24         pursuant to subsection (c-1) of Section 5-4-1 of this
25         Code, that the conduct leading to conviction for the
26         enumerated offense resulted in great bodily harm to a

 

 

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

 

 

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1         deliver methamphetamine, methamphetamine conspiracy
2         when the substance containing the controlled substance
3         or methamphetamine is 100 grams or more shall receive
4         no more than 7.5 days good conduct credit for each
5         month of his or her sentence of imprisonment; and
6             (vi) that a prisoner serving a sentence for a
7         second or subsequent offense of luring a minor shall
8         receive no more than 4.5 days of good conduct credit
9         for each month of his or her sentence of imprisonment.
10         (2.1) For all offenses, other than those enumerated in
11     subdivision (a)(2)(i), (ii), or (iii) committed on or after
12     June 19, 1998 or subdivision (a)(2)(iv) committed on or
13     after June 23, 2005 (the effective date of Public Act
14     94-71) or subdivision (a)(2)(v) committed on or after
15     August 13, 2007 (the effective date of Public Act 95-134)
16     or subdivision (a)(2)(vi) committed on or after June 1,
17     2008 (the effective date of Public Act 95-625), and other
18     than the offense of reckless homicide as defined in
19     subsection (e) of Section 9-3 of the Criminal Code of 1961
20     committed on or after January 1, 1999, or aggravated
21     driving under the influence of alcohol, other drug or
22     drugs, or intoxicating compound or compounds, or any
23     combination thereof as defined in subparagraph (F) of
24     paragraph (1) of subsection (d) of Section 11-501 of the
25     Illinois Vehicle Code, the rules and regulations shall
26     provide that a prisoner who is serving a term of

 

 

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1     imprisonment shall receive one day of good conduct credit
2     for each day of his or her sentence of imprisonment or
3     recommitment under Section 3-3-9. Each day of good conduct
4     credit shall reduce by one day the prisoner's period of
5     imprisonment or recommitment under Section 3-3-9.
6         (2.2) A prisoner serving a term of natural life
7     imprisonment or a prisoner who has been sentenced to death
8     shall receive no good conduct credit.
9         (2.3) The rules and regulations on early release shall
10     provide that a prisoner who is serving a sentence for
11     reckless homicide as defined in subsection (e) of Section
12     9-3 of the Criminal Code of 1961 committed on or after
13     January 1, 1999, or aggravated driving under the influence
14     of alcohol, other drug or drugs, or intoxicating compound
15     or compounds, or any combination thereof as defined in
16     subparagraph (F) of paragraph (1) of subsection (d) of
17     Section 11-501 of the Illinois Vehicle Code, shall receive
18     no more than 4.5 days of good conduct credit for each month
19     of his or her sentence of imprisonment.
20         (2.4) The rules and regulations on early release shall
21     provide with respect to the offenses of aggravated battery
22     with a machine gun or a firearm equipped with any device or
23     attachment designed or used for silencing the report of a
24     firearm or aggravated discharge of a machine gun or a
25     firearm equipped with any device or attachment designed or
26     used for silencing the report of a firearm, committed on or

 

 

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1     after July 15, 1999 (the effective date of Public Act
2     91-121), that a prisoner serving a sentence for any of
3     these offenses shall receive no more than 4.5 days of good
4     conduct credit for each month of his or her sentence of
5     imprisonment.
6         (2.5) The rules and regulations on early release shall
7     provide that a prisoner who is serving a sentence for
8     aggravated arson committed on or after July 27, 2001 (the
9     effective date of Public Act 92-176) shall receive no more
10     than 4.5 days of good conduct credit for each month of his
11     or her sentence of imprisonment.
12         (3) The rules and regulations shall also provide that
13     the Director may award up to 180 days additional good
14     conduct credit for meritorious service in specific
15     instances as the Director deems proper; except that no more
16     than 90 days of good conduct credit for meritorious service
17     shall be awarded to any prisoner who is serving a sentence
18     for conviction of first degree murder, reckless homicide
19     while under the influence of alcohol or any other drug, or
20     aggravated driving under the influence of alcohol, other
21     drug or drugs, or intoxicating compound or compounds, or
22     any combination thereof as defined in subparagraph (F) of
23     paragraph (1) of subsection (d) of Section 11-501 of the
24     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
25     predatory criminal sexual assault of a child, aggravated
26     criminal sexual assault, criminal sexual assault, deviate

 

 

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1     sexual assault, aggravated criminal sexual abuse,
2     aggravated indecent liberties with a child, indecent
3     liberties with a child, child pornography, heinous
4     battery, aggravated battery of a spouse, aggravated
5     battery of a spouse with a firearm, stalking, aggravated
6     stalking, aggravated battery of a child, endangering the
7     life or health of a child, or cruelty to a child.
8     Notwithstanding the foregoing, good conduct credit for
9     meritorious service shall not be awarded on a sentence of
10     imprisonment imposed for conviction of: (i) one of the
11     offenses enumerated in subdivision (a)(2)(i), (ii), or
12     (iii) when the offense is committed on or after June 19,
13     1998 or subdivision (a)(2)(iv) when the offense is
14     committed on or after June 23, 2005 (the effective date of
15     Public Act 94-71) or subdivision (a)(2)(v) when the offense
16     is committed on or after August 13, 2007 (the effective
17     date of Public Act 95-134) or subdivision (a)(2)(vi) when
18     the offense is committed on or after June 1, 2008 (the
19     effective date of Public Act 95-625), (ii) reckless
20     homicide as defined in subsection (e) of Section 9-3 of the
21     Criminal Code of 1961 when the offense is committed on or
22     after January 1, 1999, or aggravated driving under the
23     influence of alcohol, other drug or drugs, or intoxicating
24     compound or compounds, or any combination thereof as
25     defined in subparagraph (F) of paragraph (1) of subsection
26     (d) of Section 11-501 of the Illinois Vehicle Code, (iii)

 

 

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1     one of the offenses enumerated in subdivision (a)(2.4) when
2     the offense is committed on or after July 15, 1999 (the
3     effective date of Public Act 91-121), or (iv) aggravated
4     arson when the offense is committed on or after July 27,
5     2001 (the effective date of Public Act 92-176).
6         The Director shall not award good conduct credit for
7     meritorious service under this paragraph (3) to an inmate
8     unless the inmate has served a minimum of 60 days of the
9     sentence; except nothing in this paragraph shall be
10     construed to permit the Director to extend an inmate's
11     sentence beyond that which was imposed by the court. Prior
12     to awarding credit under this paragraph (3), the Director
13     shall make a written determination that the inmate:
14             (A) is eligible for good conduct credit for
15         meritorious service;
16             (B) has served a minimum of 60 days, or as close to
17         60 days as the sentence will allow; and
18             (C) has met the eligibility criteria established
19         by rule.
20         The Director shall determine the form and content of
21     the written determination required in this subsection.
22         (4) The rules and regulations shall also provide that
23     the good conduct credit accumulated and retained under
24     paragraph (2.1) of subsection (a) of this Section by any
25     inmate during specific periods of time in which such inmate
26     is engaged full-time in substance abuse programs,

 

 

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1     correctional industry assignments, or educational programs
2     provided by the Department under this paragraph (4) and
3     satisfactorily completes the assigned program as
4     determined by the standards of the Department, shall be
5     multiplied by a factor of 1.25 for program participation
6     before August 11, 1993 and 1.50 for program participation
7     on or after that date. However, no inmate shall be eligible
8     for the additional good conduct credit under this paragraph
9     (4) or (4.1) of this subsection (a) while assigned to a
10     boot camp or electronic detention, or if convicted of an
11     offense enumerated in subdivision (a)(2)(i), (ii), or
12     (iii) of this Section that is committed on or after June
13     19, 1998 or subdivision (a)(2)(iv) of this Section that is
14     committed on or after June 23, 2005 (the effective date of
15     Public Act 94-71) or subdivision (a)(2)(v) of this Section
16     that is committed on or after August 13, 2007 (the
17     effective date of Public Act 95-134) or subdivision
18     (a)(2)(vi) when the offense is committed on or after June
19     1, 2008 (the effective date of Public Act 95-625), or if
20     convicted of reckless homicide as defined in subsection (e)
21     of Section 9-3 of the Criminal Code of 1961 if the offense
22     is committed on or after January 1, 1999, or aggravated
23     driving under the influence of alcohol, other drug or
24     drugs, or intoxicating compound or compounds, or any
25     combination thereof as defined in subparagraph (F) of
26     paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1     Illinois Vehicle Code, or if convicted of an offense
2     enumerated in paragraph (a)(2.4) of this Section that is
3     committed on or after July 15, 1999 (the effective date of
4     Public Act 91-121), or first degree murder, a Class X
5     felony, criminal sexual assault, felony criminal sexual
6     abuse, aggravated criminal sexual abuse, aggravated
7     battery with a firearm, or any predecessor or successor
8     offenses with the same or substantially the same elements,
9     or any inchoate offenses relating to the foregoing
10     offenses. No inmate shall be eligible for the additional
11     good conduct credit under this paragraph (4) who (i) has
12     previously received increased good conduct credit under
13     this paragraph (4) and has subsequently been convicted of a
14     felony, or (ii) has previously served more than one prior
15     sentence of imprisonment for a felony in an adult
16     correctional facility.
17         Educational, vocational, substance abuse and
18     correctional industry programs under which good conduct
19     credit may be increased under this paragraph (4) and
20     paragraph (4.1) of this subsection (a) shall be evaluated
21     by the Department on the basis of documented standards. The
22     Department shall report the results of these evaluations to
23     the Governor and the General Assembly by September 30th of
24     each year. The reports shall include data relating to the
25     recidivism rate among program participants.
26         Availability of these programs shall be subject to the

 

 

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1     limits of fiscal resources appropriated by the General
2     Assembly for these purposes. Eligible inmates who are
3     denied immediate admission shall be placed on a waiting
4     list under criteria established by the Department. The
5     inability of any inmate to become engaged in any such
6     programs by reason of insufficient program resources or for
7     any other reason established under the rules and
8     regulations of the Department shall not be deemed a cause
9     of action under which the Department or any employee or
10     agent of the Department shall be liable for damages to the
11     inmate.
12         (4.1) The rules and regulations shall also provide that
13     an additional 60 days of good conduct credit shall be
14     awarded to any prisoner who passes the high school level
15     Test of General Educational Development (GED) while the
16     prisoner is incarcerated. The good conduct credit awarded
17     under this paragraph (4.1) shall be in addition to, and
18     shall not affect, the award of good conduct under any other
19     paragraph of this Section, but shall also be pursuant to
20     the guidelines and restrictions set forth in paragraph (4)
21     of subsection (a) of this Section. The good conduct credit
22     provided for in this paragraph shall be available only to
23     those prisoners who have not previously earned a high
24     school diploma or a GED. If, after an award of the GED good
25     conduct credit has been made and the Department determines
26     that the prisoner was not eligible, then the award shall be

 

 

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

 

 

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1     may be eligible for a waiver and receive good conduct
2     credit under clause (3) of this subsection (a) at the
3     discretion of the Director.
4         (4.6) The rules and regulations on early release shall
5     also provide that a prisoner who has been convicted of a
6     sex offense as defined in Section 2 of the Sex Offender
7     Registration Act shall receive no good conduct credit
8     unless he or she either has successfully completed or is
9     participating in sex offender treatment as defined by the
10     Sex Offender Management Board. However, prisoners who are
11     waiting to receive such treatment, but who are unable to do
12     so due solely to the lack of resources on the part of the
13     Department, may, at the Director's sole discretion, be
14     awarded good conduct credit at such rate as the Director
15     shall determine.
16         (5) Whenever the Department is to release any inmate
17     earlier than it otherwise would because of a grant of good
18     conduct credit for meritorious service given at any time
19     during the term, the Department shall give reasonable
20     advance notice of the impending release not less than 14
21     days prior to the date of the release to the State's
22     Attorney of the county where the prosecution of the inmate
23     took place, and if applicable, the State's Attorney of the
24     county into which the inmate will be released.
25     (b) Whenever a person is or has been committed under
26 several convictions, with separate sentences, the sentences

 

 

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

 

 

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

 

 

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

 

 

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1     of the Code of Criminal Procedure of 1963, a habeas corpus
2     action under Article X of the Code of Civil Procedure or
3     under federal law (28 U.S.C. 2254), a petition for claim
4     under the Court of Claims Act, an action under the federal
5     Civil Rights Act (42 U.S.C. 1983), or a second or
6     subsequent petition for post-conviction relief under
7     Article 122 of the Code of Criminal Procedure of 1963
8     whether filed with or without leave of court or a second or
9     subsequent petition for relief from judgment under Section
10     2-1401 of the Code of Civil Procedure.
11     (e) Nothing in Public Act 90-592 or 90-593 affects the
12 validity of Public Act 89-404.
13     (f) Whenever the Department is to release any inmate who
14 has been convicted of a violation of an order of protection
15 under Section 12-30 of the Criminal Code of 1961, earlier than
16 it otherwise would because of a grant of good conduct credit,
17 the Department, as a condition of such early release, shall
18 require that the person, upon release, be placed under
19 electronic surveillance as provided in Section 5-8A-7 of this
20 Code.
21 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
22 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
23 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
24 eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
25 eff. 8-21-08.)
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.