97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3702

 

Introduced 2/10/2012, by Sen. John J. Millner

 

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 serving a sentence for attempt to commit predatory criminal sexual assault of a child, attempt to commit aggravated criminal sexual assault, attempt to commit criminal sexual assault, or attempt to commit aggravated kidnapping when any of those offenses are committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.


LRB097 18497 RLC 63728 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning corrections.
 
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 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) or with
5    respect to the offense of attempt to commit predatory
6    criminal sexual assault of a child, attempt to commit
7    aggravated criminal sexual assault, attempt to commit
8    criminal sexual assault, or attempt to commit aggravated
9    kidnapping when any of those offenses are committed on or
10    after the effective date of this amendatory Act of the 97th
11    General Assembly, the following:
12            (i) that a prisoner who is serving a term of
13        imprisonment for first degree murder or for the offense
14        of terrorism shall receive no good conduct credit and
15        shall serve the entire sentence imposed by the court;
16            (ii) that a prisoner serving a sentence for attempt
17        to commit first degree murder, solicitation of murder,
18        solicitation of murder for hire, intentional homicide
19        of an unborn child, predatory criminal sexual assault
20        of a child or an attempt to commit that offense,
21        aggravated criminal sexual assault or an attempt to
22        commit that offense, criminal sexual assault or an
23        attempt to commit that offense, aggravated kidnapping
24        or an attempt to commit that offense, aggravated
25        battery with a firearm as described in Section 12-4.2
26        or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

 

 

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

 

 

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

 

 

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

 

 

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1    96-1230), the rules and regulations shall provide that a
2    prisoner who is serving a term of imprisonment shall
3    receive one day of good conduct credit for each day of his
4    or her sentence of imprisonment or recommitment under
5    Section 3-3-9. Each day of good conduct credit shall reduce
6    by one day the prisoner's period of imprisonment or
7    recommitment under Section 3-3-9.
8        (2.2) A prisoner serving a term of natural life
9    imprisonment or a prisoner who has been sentenced to death
10    shall receive no good conduct credit.
11        (2.3) The rules and regulations on early release shall
12    provide that a prisoner who is serving a sentence for
13    aggravated driving under the influence of alcohol, other
14    drug or drugs, or intoxicating compound or compounds, or
15    any combination thereof as defined in subparagraph (F) of
16    paragraph (1) of subsection (d) of Section 11-501 of the
17    Illinois Vehicle Code, shall receive no more than 4.5 days
18    of good conduct credit for each month of his or her
19    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        (2.6) The rules and regulations on early release shall
13    provide that a prisoner who is serving a sentence for
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds or any
16    combination thereof as defined in subparagraph (C) of
17    paragraph (1) of subsection (d) of Section 11-501 of the
18    Illinois Vehicle Code committed on or after January 1, 2011
19    (the effective date of Public Act 96-1230) shall receive no
20    more than 4.5 days of good conduct credit for each month of
21    his or her sentence of imprisonment.
22        (3) The rules and regulations shall also provide that
23    the Director may award up to 180 days additional good
24    conduct credit for meritorious service in specific
25    instances as the Director deems proper; except that no more
26    than 90 days of good conduct credit for meritorious service

 

 

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1    shall be awarded to any prisoner who is serving a sentence
2    for conviction of first degree murder, reckless homicide
3    while under the influence of alcohol or any other drug, or
4    aggravated driving under the influence of alcohol, other
5    drug or drugs, or intoxicating compound or compounds, or
6    any combination thereof as defined in subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of the
8    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
9    predatory criminal sexual assault of a child, aggravated
10    criminal sexual assault, criminal sexual assault, deviate
11    sexual assault, aggravated criminal sexual abuse,
12    aggravated indecent liberties with a child, indecent
13    liberties with a child, child pornography, heinous battery
14    as described in Section 12-4.1 or subdivision (a)(2) of
15    Section 12-3.05, aggravated battery of a spouse,
16    aggravated battery of a spouse with a firearm, stalking,
17    aggravated stalking, aggravated battery of a child as
18    described in Section 12-4.3 or subdivision (b)(1) of
19    Section 12-3.05, endangering the life or health of a child,
20    or cruelty to a child. Notwithstanding the foregoing, good
21    conduct credit for meritorious service shall not be awarded
22    on a sentence of imprisonment imposed for conviction of:
23    (i) one of the offenses enumerated in subdivision
24    (a)(2)(i), (ii), or (iii) when the offense is committed on
25    or after June 19, 1998 or subdivision (a)(2)(iv) when the
26    offense is committed on or after June 23, 2005 (the

 

 

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1    effective date of Public Act 94-71) or subdivision
2    (a)(2)(v) when the offense is committed on or after August
3    13, 2007 (the effective date of Public Act 95-134) or
4    subdivision (a)(2)(vi) when the offense is committed on or
5    after June 1, 2008 (the effective date of Public Act
6    95-625) or subdivision (a)(2)(vii) when the offense is
7    committed on or after July 23, 2010 (the effective date of
8    Public Act 96-1224), (ii) aggravated driving under the
9    influence of alcohol, other drug or drugs, or intoxicating
10    compound or compounds, or any combination thereof as
11    defined in subparagraph (F) of paragraph (1) of subsection
12    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
13    one of the offenses enumerated in subdivision (a)(2.4) when
14    the offense is committed on or after July 15, 1999 (the
15    effective date of Public Act 91-121), (iv) aggravated arson
16    when the offense is committed on or after July 27, 2001
17    (the effective date of Public Act 92-176), (v) offenses
18    that may subject the offender to commitment under the
19    Sexually Violent Persons Commitment Act, or (vi)
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds or any
22    combination thereof as defined in subparagraph (C) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code committed on or after January 1, 2011
25    (the effective date of Public Act 96-1230).
26        The Director shall not award good conduct credit for

 

 

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1    meritorious service under this paragraph (3) to an inmate
2    unless the inmate has served a minimum of 60 days of the
3    sentence; except nothing in this paragraph shall be
4    construed to permit the Director to extend an inmate's
5    sentence beyond that which was imposed by the court. Prior
6    to awarding credit under this paragraph (3), the Director
7    shall make a written determination that the inmate:
8            (A) is eligible for good conduct credit for
9        meritorious service;
10            (B) has served a minimum of 60 days, or as close to
11        60 days as the sentence will allow; and
12            (C) has met the eligibility criteria established
13        by rule.
14        The Director shall determine the form and content of
15    the written determination required in this subsection.
16        (4) The rules and regulations shall also provide that
17    the good conduct credit accumulated and retained under
18    paragraph (2.1) of subsection (a) of this Section by any
19    inmate during specific periods of time in which such inmate
20    is engaged full-time in substance abuse programs,
21    correctional industry assignments, or educational programs
22    provided by the Department under this paragraph (4) and
23    satisfactorily completes the assigned program as
24    determined by the standards of the Department, shall be
25    multiplied by a factor of 1.25 for program participation
26    before August 11, 1993 and 1.50 for program participation

 

 

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1    on or after that date. However, no inmate shall be eligible
2    for the additional good conduct credit under this paragraph
3    (4) or (4.1) of this subsection (a) while assigned to a
4    boot camp or electronic detention, or if convicted of an
5    offense enumerated in subdivision (a)(2)(i), (ii), or
6    (iii) of this Section that is committed on or after June
7    19, 1998 or subdivision (a)(2)(iv) of this Section that is
8    committed on or after June 23, 2005 (the effective date of
9    Public Act 94-71) or subdivision (a)(2)(v) of this Section
10    that is committed on or after August 13, 2007 (the
11    effective date of Public Act 95-134) or subdivision
12    (a)(2)(vi) when the offense is committed on or after June
13    1, 2008 (the effective date of Public Act 95-625) or
14    subdivision (a)(2)(vii) when the offense is committed on or
15    after July 23, 2010 (the effective date of Public Act
16    96-1224), or if convicted of aggravated driving under the
17    influence of alcohol, other drug or drugs, or intoxicating
18    compound or compounds or any combination thereof as defined
19    in subparagraph (F) of paragraph (1) of subsection (d) of
20    Section 11-501 of the Illinois Vehicle Code, or if
21    convicted of aggravated driving under the influence of
22    alcohol, other drug or drugs, or intoxicating compound or
23    compounds or any combination thereof as defined in
24    subparagraph (C) of paragraph (1) of subsection (d) of
25    Section 11-501 of the Illinois Vehicle Code committed on or
26    after January 1, 2011 (the effective date of Public Act

 

 

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1    96-1230), or if convicted of an offense enumerated in
2    paragraph (a)(2.4) of this Section that is committed on or
3    after July 15, 1999 (the effective date of Public Act
4    91-121), or first degree murder, a Class X felony, criminal
5    sexual assault, felony criminal sexual abuse, aggravated
6    criminal sexual abuse, aggravated battery with a firearm as
7    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
8    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
9    successor offenses with the same or substantially the same
10    elements, or any inchoate offenses relating to the
11    foregoing offenses. No inmate shall be eligible for the
12    additional good conduct credit under this paragraph (4) who
13    (i) has previously received increased good conduct credit
14    under this paragraph (4) and has subsequently been
15    convicted of a felony, or (ii) has previously served more
16    than one prior sentence of imprisonment for a felony in an
17    adult correctional facility.
18        Educational, vocational, substance abuse and
19    correctional industry programs under which good conduct
20    credit may be increased under this paragraph (4) and
21    paragraph (4.1) of this subsection (a) shall be evaluated
22    by the Department on the basis of documented standards. The
23    Department shall report the results of these evaluations to
24    the Governor and the General Assembly by September 30th of
25    each year. The reports shall include data relating to the
26    recidivism rate among program participants.

 

 

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

 

 

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

 

 

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

 

 

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1    inmate being released accessible on the Internet by means
2    of a hyperlink labeled "Community Notification of Inmate
3    Early Release" on the Department's World Wide Web homepage.
4    The identification information shall include the inmate's:
5    name, any known alias, date of birth, physical
6    characteristics, residence address, commitment offense and
7    county where conviction was imposed. The identification
8    information shall be placed on the website within 3 days of
9    the inmate's release and the information may not be removed
10    until either: completion of the first year of mandatory
11    supervised release or return of the inmate to custody of
12    the Department.
13    (b) Whenever a person is or has been committed under
14several convictions, with separate sentences, the sentences
15shall be construed under Section 5-8-4 in granting and
16forfeiting of good time.
17    (c) The Department shall prescribe rules and regulations
18for revoking good conduct credit, or suspending or reducing the
19rate of accumulation of good conduct credit for specific rule
20violations, during imprisonment. These rules and regulations
21shall provide that no inmate may be penalized more than one
22year of good conduct credit for any one infraction.
23    When the Department seeks to revoke, suspend or reduce the
24rate of accumulation of any good conduct credits for an alleged
25infraction of its rules, it shall bring charges therefor
26against the prisoner sought to be so deprived of good conduct

 

 

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1credits before the Prisoner Review Board as provided in
2subparagraph (a)(4) of Section 3-3-2 of this Code, if the
3amount of credit at issue exceeds 30 days or when during any 12
4month period, the cumulative amount of credit revoked exceeds
530 days except where the infraction is committed or discovered
6within 60 days of scheduled release. In those cases, the
7Department of Corrections may revoke up to 30 days of good
8conduct credit. The Board may subsequently approve the
9revocation of additional good conduct credit, if the Department
10seeks to revoke good conduct credit in excess of 30 days.
11However, the Board shall not be empowered to review the
12Department's decision with respect to the loss of 30 days of
13good conduct credit within any calendar year for any prisoner
14or to increase any penalty beyond the length requested by the
15Department.
16    The Director of the Department of Corrections, in
17appropriate cases, may restore up to 30 days good conduct
18credits which have been revoked, suspended or reduced. Any
19restoration of good conduct credits in excess of 30 days shall
20be subject to review by the Prisoner Review Board. However, the
21Board may not restore good conduct credit in excess of the
22amount requested by the Director.
23    Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

 

 

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1accumulation of good conduct credit.
2    (d) If a lawsuit is filed by a prisoner in an Illinois or
3federal court against the State, the Department of Corrections,
4or the Prisoner Review Board, or against any of their officers
5or employees, and the court makes a specific finding that a
6pleading, motion, or other paper filed by the prisoner is
7frivolous, the Department of Corrections shall conduct a
8hearing to revoke up to 180 days of good conduct credit by
9bringing charges against the prisoner sought to be deprived of
10the good conduct credits before the Prisoner Review Board as
11provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
12If the prisoner has not accumulated 180 days of good conduct
13credit at the time of the finding, then the Prisoner Review
14Board may revoke all good conduct credit accumulated by the
15prisoner.
16    For purposes of this subsection (d):
17        (1) "Frivolous" means that a pleading, motion, or other
18    filing which purports to be a legal document filed by a
19    prisoner in his or her lawsuit meets any or all of the
20    following criteria:
21            (A) it lacks an arguable basis either in law or in
22        fact;
23            (B) it is being presented for any improper purpose,
24        such as to harass or to cause unnecessary delay or
25        needless increase in the cost of litigation;
26            (C) the claims, defenses, and other legal

 

 

SB3702- 19 -LRB097 18497 RLC 63728 b

1        contentions therein are not warranted by existing law
2        or by a nonfrivolous argument for the extension,
3        modification, or reversal of existing law or the
4        establishment of new law;
5            (D) the allegations and other factual contentions
6        do not have evidentiary support or, if specifically so
7        identified, are not likely to have evidentiary support
8        after a reasonable opportunity for further
9        investigation or discovery; or
10            (E) the denials of factual contentions are not
11        warranted on the evidence, or if specifically so
12        identified, are not reasonably based on a lack of
13        information or belief.
14        (2) "Lawsuit" means a motion pursuant to Section 116-3
15    of the Code of Criminal Procedure of 1963, a habeas corpus
16    action under Article X of the Code of Civil Procedure or
17    under federal law (28 U.S.C. 2254), a petition for claim
18    under the Court of Claims Act, an action under the federal
19    Civil Rights Act (42 U.S.C. 1983), or a second or
20    subsequent petition for post-conviction relief under
21    Article 122 of the Code of Criminal Procedure of 1963
22    whether filed with or without leave of court or a second or
23    subsequent petition for relief from judgment under Section
24    2-1401 of the Code of Civil Procedure.
25    (e) Nothing in Public Act 90-592 or 90-593 affects the
26validity of Public Act 89-404.

 

 

SB3702- 20 -LRB097 18497 RLC 63728 b

1    (f) Whenever the Department is to release any inmate who
2has been convicted of a violation of an order of protection
3under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
4earlier than it otherwise would because of a grant of good
5conduct credit, the Department, as a condition of such early
6release, shall require that the person, upon release, be placed
7under electronic surveillance as provided in Section 5-8A-7 of
8this Code.
9(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
1095-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
1195-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
127-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
13eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11;
1497-333, eff. 8-12-11.)