SB1338 EngrossedLRB097 07075 RLC 47168 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-6-3 and 3-14-1 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) or with respect to the offense of
3    aggravated domestic battery committed on or after July 23,
4    2010 (the effective date of Public Act 96-1224) this
5    amendatory Act of the 96th General Assembly, the following:
6            (i) that a prisoner who is serving a term of
7        imprisonment for first degree murder or for the offense
8        of terrorism shall receive no good conduct credit and
9        shall serve the entire sentence imposed by the court;
10            (ii) that a prisoner serving a sentence for attempt
11        to commit first degree murder, solicitation of murder,
12        solicitation of murder for hire, intentional homicide
13        of an unborn child, predatory criminal sexual assault
14        of a child, aggravated criminal sexual assault,
15        criminal sexual assault, aggravated kidnapping,
16        aggravated battery with a firearm, heinous battery,
17        being an armed habitual criminal, aggravated battery
18        of a senior citizen, or aggravated battery of a child
19        shall receive no more than 4.5 days of good conduct
20        credit for each month of his or her sentence of
21        imprisonment;
22            (iii) that a prisoner serving a sentence for home
23        invasion, armed robbery, aggravated vehicular
24        hijacking, aggravated discharge of a firearm, or armed
25        violence with a category I weapon or category II
26        weapon, when the court has made and entered a finding,

 

 

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

 

 

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1        delivery of methamphetamine, possession with intent to
2        deliver methamphetamine, aggravated delivery of
3        methamphetamine, aggravated possession with intent to
4        deliver methamphetamine, methamphetamine conspiracy
5        when the substance containing the controlled substance
6        or methamphetamine is 100 grams or more shall receive
7        no more than 7.5 days good conduct credit for each
8        month of his or her sentence of imprisonment;
9            (vi) that a prisoner serving a sentence for a
10        second or subsequent offense of luring a minor shall
11        receive no more than 4.5 days of good conduct credit
12        for each month of his or her sentence of imprisonment;
13        and
14            (vii) that a prisoner serving a sentence for
15        aggravated domestic battery shall receive no more than
16        4.5 days of good conduct credit for each month of his
17        or her sentence of imprisonment.
18        (2.1) For all offenses, other than those enumerated in
19    subdivision (a)(2)(i), (ii), or (iii) committed on or after
20    June 19, 1998 or subdivision (a)(2)(iv) committed on or
21    after June 23, 2005 (the effective date of Public Act
22    94-71) or subdivision (a)(2)(v) committed on or after
23    August 13, 2007 (the effective date of Public Act 95-134)
24    or subdivision (a)(2)(vi) committed on or after June 1,
25    2008 (the effective date of Public Act 95-625) or
26    subdivision (a)(2)(vii) committed on or after July 23, 2010

 

 

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1    (the effective date of Public Act 96-1224) this amendatory
2    Act of the 96th General Assembly, and other than the
3    offense of aggravated driving under the influence of
4    alcohol, other drug or drugs, or intoxicating compound or
5    compounds, or any combination thereof as defined in
6    subparagraph (F) of paragraph (1) of subsection (d) of
7    Section 11-501 of the Illinois Vehicle Code, and other than
8    the offense of aggravated driving under the influence of
9    alcohol, other drug or drugs, or intoxicating compound or
10    compounds, or any combination thereof as defined in
11    subparagraph (C) of paragraph (1) of subsection (d) of
12    Section 11-501 of the Illinois Vehicle Code committed on or
13    after January 1, 2011 (the effective date of Public Act
14    96-1230) this amendatory Act of the 96th General Assembly,
15    the rules and regulations shall provide that a prisoner who
16    is serving a term of imprisonment shall receive one day of
17    good conduct credit for each day of his or her sentence of
18    imprisonment or recommitment under Section 3-3-9. Each day
19    of good conduct credit shall reduce by one day the
20    prisoner's period of imprisonment or recommitment under
21    Section 3-3-9.
22        (2.2) A prisoner serving a term of natural life
23    imprisonment or a prisoner who has been sentenced to death
24    shall receive no good conduct credit.
25        (2.3) The rules and regulations on early release shall
26    provide that a prisoner who is serving a sentence for

 

 

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1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof as defined in subparagraph (F) of
4    paragraph (1) of subsection (d) of Section 11-501 of the
5    Illinois Vehicle Code, shall receive no more than 4.5 days
6    of good conduct credit for each month of his or her
7    sentence of imprisonment.
8        (2.4) The rules and regulations on early release shall
9    provide with respect to the offenses of aggravated battery
10    with a machine gun or a firearm equipped with any device or
11    attachment designed or used for silencing the report of a
12    firearm or aggravated discharge of a machine gun or a
13    firearm equipped with any device or attachment designed or
14    used for silencing the report of a firearm, committed on or
15    after July 15, 1999 (the effective date of Public Act
16    91-121), that a prisoner serving a sentence for any of
17    these offenses shall receive no more than 4.5 days of good
18    conduct credit for each month of his or her sentence of
19    imprisonment.
20        (2.5) The rules and regulations on early release shall
21    provide that a prisoner who is serving a sentence for
22    aggravated arson committed on or after July 27, 2001 (the
23    effective date of Public Act 92-176) shall receive no more
24    than 4.5 days of good conduct credit for each month of his
25    or her sentence of imprisonment.
26        (2.6) The rules and regulations on early release shall

 

 

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1    provide that a prisoner who is serving a sentence for
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds, or
4    any combination thereof as defined in subparagraph (C) of
5    paragraph (1) of subsection (d) of Section 11-501 of the
6    Illinois Vehicle Code committed on or after January 1, 2011
7    (the effective date of Public Act 96-1230) this amendatory
8    Act of the 96th General Assembly, shall receive no more
9    than 4.5 days of good conduct credit for each month of his
10    or her sentence of imprisonment.
11        (3) The rules and regulations shall also provide that
12    the Director may award up to 180 days additional good
13    conduct credit for meritorious service in specific
14    instances as the Director deems proper; except that no more
15    than 90 days of good conduct credit for meritorious service
16    shall be awarded to any prisoner who is serving a sentence
17    for conviction of first degree murder, reckless homicide
18    while under the influence of alcohol or any other drug, or
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof as defined in subparagraph (F) of
22    paragraph (1) of subsection (d) of Section 11-501 of the
23    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
24    predatory criminal sexual assault of a child, aggravated
25    criminal sexual assault, criminal sexual assault, deviate
26    sexual assault, aggravated criminal sexual abuse,

 

 

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1    aggravated indecent liberties with a child, indecent
2    liberties with a child, child pornography, heinous
3    battery, aggravated battery of a spouse, aggravated
4    battery of a spouse with a firearm, stalking, aggravated
5    stalking, aggravated battery of a child, endangering the
6    life or health of a child, or cruelty to a child.
7    Notwithstanding the foregoing, good conduct credit for
8    meritorious service shall not be awarded on a sentence of
9    imprisonment imposed for conviction of: (i) one of the
10    offenses enumerated in subdivision (a)(2)(i), (ii), or
11    (iii) when the offense is committed on or after June 19,
12    1998 or subdivision (a)(2)(iv) when the offense is
13    committed on or after June 23, 2005 (the effective date of
14    Public Act 94-71) or subdivision (a)(2)(v) when the offense
15    is committed on or after August 13, 2007 (the effective
16    date of Public Act 95-134) or subdivision (a)(2)(vi) when
17    the offense is committed on or after June 1, 2008 (the
18    effective date of Public Act 95-625) or subdivision
19    (a)(2)(vii) when the offense is committed on or after July
20    23, 2010 (the effective date of Public Act 96-1224) this
21    amendatory Act of the 96th General Assembly, (ii)
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, (iii) one of the offenses enumerated

 

 

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1    in subdivision (a)(2.4) when the offense is committed on or
2    after July 15, 1999 (the effective date of Public Act
3    91-121), (iv) aggravated arson when the offense is
4    committed on or after July 27, 2001 (the effective date of
5    Public Act 92-176), or (v) offenses that may subject the
6    offender to commitment under the Sexually Violent Persons
7    Commitment Act, or (vi) (v) aggravated driving under the
8    influence of alcohol, other drug or drugs, or intoxicating
9    compound or compounds, or any combination thereof as
10    defined in subparagraph (C) of paragraph (1) of subsection
11    (d) of Section 11-501 of the Illinois Vehicle Code
12    committed on or after January 1, 2011 (the effective date
13    of Public Act 96-1230) this amendatory Act of the 96th
14    General Assembly.
15        The Director shall not award good conduct credit for
16    meritorious service under this paragraph (3) to an inmate
17    unless the inmate has served a minimum of 60 days of the
18    sentence; except nothing in this paragraph shall be
19    construed to permit the Director to extend an inmate's
20    sentence beyond that which was imposed by the court. Prior
21    to awarding credit under this paragraph (3), the Director
22    shall make a written determination that the inmate:
23            (A) is eligible for good conduct credit for
24        meritorious service;
25            (B) has served a minimum of 60 days, or as close to
26        60 days as the sentence will allow; and

 

 

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1            (C) has met the eligibility criteria established
2        by rule.
3        The Director shall determine the form and content of
4    the written determination required in this subsection.
5        (4) The rules and regulations shall also provide that
6    the good conduct credit accumulated and retained under
7    paragraph (2.1) of subsection (a) of this Section by any
8    inmate during specific periods of time in which such inmate
9    is engaged full-time in substance abuse programs,
10    correctional industry assignments, or educational programs
11    provided by the Department under this paragraph (4) and
12    satisfactorily completes the assigned program as
13    determined by the standards of the Department, shall be
14    multiplied by a factor of 1.25 for program participation
15    before August 11, 1993 and 1.50 for program participation
16    on or after that date. However, no inmate shall be eligible
17    for the additional good conduct credit under this paragraph
18    (4) or (4.1) of this subsection (a) while assigned to a
19    boot camp or electronic detention, or if convicted of an
20    offense enumerated in subdivision (a)(2)(i), (ii), or
21    (iii) of this Section that is committed on or after June
22    19, 1998 or subdivision (a)(2)(iv) of this Section that is
23    committed on or after June 23, 2005 (the effective date of
24    Public Act 94-71) or subdivision (a)(2)(v) of this Section
25    that is committed on or after August 13, 2007 (the
26    effective date of Public Act 95-134) or subdivision

 

 

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1    (a)(2)(vi) when the offense is committed on or after June
2    1, 2008 (the effective date of Public Act 95-625) or
3    subdivision (a)(2)(vii) when the offense is committed on or
4    after July 23, 2010 (the effective date of Public Act
5    96-1224) this amendatory Act of the 96th General Assembly,
6    or if convicted of aggravated driving under the influence
7    of alcohol, other drug or drugs, or intoxicating compound
8    or compounds, or any combination thereof as defined in
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of the Illinois Vehicle Code, or if
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof as defined in
14    subparagraph (C) of paragraph (1) of subsection (d) of
15    Section 11-501 of the Illinois Vehicle Code committed on or
16    after January 1, 2011 (the effective date of Public Act
17    96-1230) this amendatory Act of the 96th General Assembly,
18    or if convicted of an offense enumerated in paragraph
19    (a)(2.4) of this Section that is committed on or after July
20    15, 1999 (the effective date of Public Act 91-121), or
21    first degree murder, a Class X felony, criminal sexual
22    assault, felony criminal sexual abuse, aggravated criminal
23    sexual abuse, aggravated battery with a firearm, or any
24    predecessor or successor offenses with the same or
25    substantially the same elements, or any inchoate offenses
26    relating to the foregoing offenses. No inmate shall be

 

 

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1    eligible for the additional good conduct credit under this
2    paragraph (4) who (i) has previously received increased
3    good conduct credit under this paragraph (4) and has
4    subsequently been convicted of a felony, or (ii) has
5    previously served more than one prior sentence of
6    imprisonment for a felony in an adult correctional
7    facility.
8        Educational, vocational, substance abuse and
9    correctional industry programs under which good conduct
10    credit may be increased under this paragraph (4) and
11    paragraph (4.1) of this subsection (a) shall be evaluated
12    by the Department on the basis of documented standards. The
13    Department shall report the results of these evaluations to
14    the Governor and the General Assembly by September 30th of
15    each year. The reports shall include data relating to the
16    recidivism rate among program participants.
17        Availability of these programs shall be subject to the
18    limits of fiscal resources appropriated by the General
19    Assembly for these purposes. Eligible inmates who are
20    denied immediate admission shall be placed on a waiting
21    list under criteria established by the Department. The
22    inability of any inmate to become engaged in any such
23    programs by reason of insufficient program resources or for
24    any other reason established under the rules and
25    regulations of the Department shall not be deemed a cause
26    of action under which the Department or any employee or

 

 

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1    agent of the Department shall be liable for damages to the
2    inmate.
3        (4.1) The rules and regulations shall also provide that
4    an additional 60 days of good conduct credit shall be
5    awarded to any prisoner who passes the high school level
6    Test of General Educational Development (GED) while the
7    prisoner is incarcerated. The good conduct credit awarded
8    under this paragraph (4.1) shall be in addition to, and
9    shall not affect, the award of good conduct under any other
10    paragraph of this Section, but shall also be pursuant to
11    the guidelines and restrictions set forth in paragraph (4)
12    of subsection (a) of this Section. The good conduct credit
13    provided for in this paragraph shall be available only to
14    those prisoners who have not previously earned a high
15    school diploma or a GED. If, after an award of the GED good
16    conduct credit has been made and the Department determines
17    that the prisoner was not eligible, then the award shall be
18    revoked.
19        (4.5) The rules and regulations on early release shall
20    also provide that when the court's sentencing order
21    recommends a prisoner for substance abuse treatment and the
22    crime was committed on or after September 1, 2003 (the
23    effective date of Public Act 93-354), the prisoner shall
24    receive no good conduct credit awarded under clause (3) of
25    this subsection (a) unless he or she participates in and
26    completes a substance abuse treatment program. The

 

 

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

 

 

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1    Sex Offender Management Board. However, prisoners who are
2    waiting to receive such treatment, but who are unable to do
3    so due solely to the lack of resources on the part of the
4    Department, may, at the Director's sole discretion, be
5    awarded good conduct credit at such rate as the Director
6    shall determine.
7        (5) Whenever the Department is to release any inmate
8    earlier than it otherwise would because of a grant of good
9    conduct credit for meritorious service given at any time
10    during the term, the Department shall give reasonable
11    notice of the impending release not less than 14 days prior
12    to the date of the release to the sheriff of the county
13    where the prosecution of the inmate took place, the State's
14    Attorney of the county where the prosecution of the inmate
15    took place, and if applicable, the State's Attorney of the
16    county into which the inmate will be released. The
17    Department must also make identification information and a
18    recent photo of the inmate being released accessible on the
19    Internet by means of a hyperlink labeled "Community
20    Notification of Inmate Early Release" on the Department's
21    World Wide Web homepage. The identification information
22    shall include the inmate's: name, any known alias, date of
23    birth, physical characteristics, residence address,
24    commitment offense and county where conviction was
25    imposed. The identification information shall be placed on
26    the website within 3 days of the inmate's release and the

 

 

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1    information may not be removed until either: completion of
2    the first year of mandatory supervised release or return of
3    the inmate to custody of the Department.
4    (b) Whenever a person is or has been committed under
5several convictions, with separate sentences, the sentences
6shall be construed under Section 5-8-4 in granting and
7forfeiting of good time.
8    (c) The Department shall prescribe rules and regulations
9for revoking good conduct credit, or suspending or reducing the
10rate of accumulation of good conduct credit for specific rule
11violations, during imprisonment. These rules and regulations
12shall provide that no inmate may be penalized more than one
13year of good conduct credit for any one infraction.
14    When the Department seeks to revoke, suspend or reduce the
15rate of accumulation of any good conduct credits for an alleged
16infraction of its rules, it shall bring charges therefor
17against the prisoner sought to be so deprived of good conduct
18credits before the Prisoner Review Board as provided in
19subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20amount of credit at issue exceeds 30 days or when during any 12
21month period, the cumulative amount of credit revoked exceeds
2230 days except where the infraction is committed or discovered
23within 60 days of scheduled release. In those cases, the
24Department of Corrections may revoke up to 30 days of good
25conduct credit. The Board may subsequently approve the
26revocation of additional good conduct credit, if the Department

 

 

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1seeks to revoke good conduct credit in excess of 30 days.
2However, the Board shall not be empowered to review the
3Department's decision with respect to the loss of 30 days of
4good conduct credit within any calendar year for any prisoner
5or to increase any penalty beyond the length requested by the
6Department.
7    The Director of the Department of Corrections, in
8appropriate cases, may restore up to 30 days good conduct
9credits which have been revoked, suspended or reduced. Any
10restoration of good conduct credits in excess of 30 days shall
11be subject to review by the Prisoner Review Board. However, the
12Board may not restore good conduct credit in excess of the
13amount requested by the Director.
14    Nothing contained in this Section shall prohibit the
15Prisoner Review Board from ordering, pursuant to Section
163-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
17sentence imposed by the court that was not served due to the
18accumulation of good conduct credit.
19    (d) If a lawsuit is filed by a prisoner in an Illinois or
20federal court against the State, the Department of Corrections,
21or the Prisoner Review Board, or against any of their officers
22or employees, and the court makes a specific finding that a
23pleading, motion, or other paper filed by the prisoner is
24frivolous, the Department of Corrections shall conduct a
25hearing to revoke up to 180 days of good conduct credit by
26bringing charges against the prisoner sought to be deprived of

 

 

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

 

 

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1            (E) the denials of factual contentions are not
2        warranted on the evidence, or if specifically so
3        identified, are not reasonably based on a lack of
4        information or belief.
5        (2) "Lawsuit" means a motion pursuant to Section 116-3
6    of the Code of Criminal Procedure of 1963, a habeas corpus
7    action under Article X of the Code of Civil Procedure or
8    under federal law (28 U.S.C. 2254), a petition for claim
9    under the Court of Claims Act, an action under the federal
10    Civil Rights Act (42 U.S.C. 1983), or a second or
11    subsequent petition for post-conviction relief under
12    Article 122 of the Code of Criminal Procedure of 1963
13    whether filed with or without leave of court or a second or
14    subsequent petition for relief from judgment under Section
15    2-1401 of the Code of Civil Procedure.
16    (e) Nothing in Public Act 90-592 or 90-593 affects the
17validity of Public Act 89-404.
18    (f) Whenever the Department is to release any inmate who
19has been convicted of a violation of an order of protection
20under Section 12-30 of the Criminal Code of 1961, earlier than
21it otherwise would because of a grant of good conduct credit,
22the Department, as a condition of such early release, shall
23require that the person, upon release, be placed under
24electronic surveillance as provided in Section 5-8A-7 of this
25Code.
26(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;

 

 

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195-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
295-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
37-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
4eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
5    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
6    Sec. 3-14-1. Release from the Institution.
7    (a) Upon release of a person on parole, mandatory release,
8final discharge or pardon the Department shall return all
9property held for him, provide him with suitable clothing and
10procure necessary transportation for him to his designated
11place of residence and employment. It may provide such person
12with a grant of money for travel and expenses which may be paid
13in installments. The amount of the money grant shall be
14determined by the Department.
15    The Department of Corrections may establish and maintain,
16in any institution it administers, revolving funds to be known
17as "Travel and Allowances Revolving Funds". These revolving
18funds shall be used for advancing travel and expense allowances
19to committed, paroled, and discharged prisoners. The moneys
20paid into such revolving funds shall be from appropriations to
21the Department for Committed, Paroled, and Discharged
22Prisoners.
23    (b) (Blank).
24    (c) Except as otherwise provided in this Code, the
25Department shall establish procedures to provide written

 

 

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1notification of any release of any person who has been
2convicted of a felony to the State's Attorney and sheriff of
3the county from which the offender was committed, and the
4State's Attorney and sheriff of the county into which the
5offender is to be paroled or released. Except as otherwise
6provided in this Code, the Department shall establish
7procedures to provide written notification to the proper law
8enforcement agency for any municipality of any release of any
9person who has been convicted of a felony if the arrest of the
10offender or the commission of the offense took place in the
11municipality, if the offender is to be paroled or released into
12the municipality, or if the offender resided in the
13municipality at the time of the commission of the offense. If a
14person convicted of a felony who is in the custody of the
15Department of Corrections or on parole or mandatory supervised
16release informs the Department that he or she has resided,
17resides, or will reside at an address that is a housing
18facility owned, managed, operated, or leased by a public
19housing agency, the Department must send written notification
20of that information to the public housing agency that owns,
21manages, operates, or leases the housing facility. The written
22notification shall, when possible, be given at least 14 days
23before release of the person from custody, or as soon
24thereafter as possible.
25    (c-1) (Blank).
26    (c-2) The Department of Corrections shall establish

 

 

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1uniform procedures for providing timely advance notice of early
2release of inmates to law enforcement in local jurisdictions
3and shall submit a report to the General Assembly, by January
41, 2012, of those notice procedures.
5    (c-5) If a person on parole or mandatory supervised release
6becomes a resident of a facility licensed or regulated by the
7Department of Public Health, the Illinois Department of Public
8Aid, or the Illinois Department of Human Services, the
9Department of Corrections shall provide copies of the following
10information to the appropriate licensing or regulating
11Department and the licensed or regulated facility where the
12person becomes a resident:
13        (1) The mittimus and any pre-sentence investigation
14    reports.
15        (2) The social evaluation prepared pursuant to Section
16    3-8-2.
17        (3) Any pre-release evaluation conducted pursuant to
18    subsection (j) of Section 3-6-2.
19        (4) Reports of disciplinary infractions and
20    dispositions.
21        (5) Any parole plan, including orders issued by the
22    Prisoner Review Board, and any violation reports and
23    dispositions.
24        (6) The name and contact information for the assigned
25    parole agent and parole supervisor.
26    This information shall be provided within 3 days of the

 

 

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1person becoming a resident of the facility.
2    (c-10) If a person on parole or mandatory supervised
3release becomes a resident of a facility licensed or regulated
4by the Department of Public Health, the Illinois Department of
5Public Aid, or the Illinois Department of Human Services, the
6Department of Corrections shall provide written notification
7of such residence to the following:
8        (1) The Prisoner Review Board.
9        (2) The chief of police and sheriff in the municipality
10    and county in which the licensed facility is located.
11    The notification shall be provided within 3 days of the
12person becoming a resident of the facility.
13    (d) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge or pardon, the
15Department shall provide such person with information
16concerning programs and services of the Illinois Department of
17Public Health to ascertain whether such person has been exposed
18to the human immunodeficiency virus (HIV) or any identified
19causative agent of Acquired Immunodeficiency Syndrome (AIDS).
20    (e) Upon the release of a committed person on parole,
21mandatory supervised release, final discharge, or pardon, the
22Department shall provide the person who has met the criteria
23established by the Department with an identification card
24identifying the person as being on parole, mandatory supervised
25release, final discharge, or pardon, as the case may be. The
26Department, in consultation with the Office of the Secretary of

 

 

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1State, shall prescribe the form of the identification card,
2which may be similar to the form of the standard Illinois
3Identification Card. The Department shall inform the committed
4person that he or she may present the identification card to
5the Office of the Secretary of State upon application for a
6standard Illinois Identification Card in accordance with the
7Illinois Identification Card Act. The Department shall require
8the committed person to pay a $1 fee for the identification
9card.
10    For purposes of a committed person receiving an
11identification card issued by the Department under this
12subsection, the Department shall establish criteria that the
13committed person must meet before the card is issued. It is the
14sole responsibility of the committed person requesting the
15identification card issued by the Department to meet the
16established criteria. The person's failure to meet the criteria
17is sufficient reason to deny the committed person the
18identification card. An identification card issued by the
19Department under this subsection shall be valid for a period of
20time not to exceed 30 calendar days from the date the card is
21issued. The Department shall not be held civilly or criminally
22liable to anyone because of any act of any person utilizing a
23card issued by the Department under this subsection.
24    The Department shall adopt rules governing the issuance of
25identification cards to committed persons being released on
26parole, mandatory supervised release, final discharge, or

 

 

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1pardon.
2(Source: P.A. 94-163, eff. 7-11-05.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.