Illinois General Assembly - Full Text of SB4152
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Full Text of SB4152  102nd General Assembly

SB4152 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4152

 

Introduced 2/9/2022, by Sen. Chapin Rose

 

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 bringing contraband into a penal institution committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that on or after the effective date of the amendatory Act, a prisoner serving a sentence for bringing contraband into a penal institution shall receive no additional sentence credit under the Code. Provides that a prisoner serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.


LRB102 26220 RLC 36043 b

 

 

A BILL FOR

 

SB4152LRB102 26220 RLC 36043 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14        (A) successful completion of programming while in
15    custody of the Department or while in custody prior to
16    sentencing;
17        (B) compliance with the rules and regulations of the
18    Department; or
19        (C) service to the institution, service to a
20    community, or service to the State.
21    (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),

 

 

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1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990) or with respect to the offense of
17aggravated battery under paragraph (4) of subsection (d) of
18Section 12-3.05 of the Criminal Code of 2012 in which the
19victim was a peace officer committed on or after the effective
20date of this amendatory Act of the 102nd General Assembly or
21with respect to the offense of bringing contraband into a
22penal institution as described in subsection (a) of Section
2331A-1.1 of the Criminal Code of 2012 committed on or after the
24effective date of this amendatory Act of the 102nd General
25Assembly, the following:
26        (i) that a prisoner who is serving a term of

 

 

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

 

 

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

 

 

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1    intent to deliver methamphetamine, methamphetamine
2    conspiracy when the substance containing the controlled
3    substance or methamphetamine is 100 grams or more shall
4    receive no more than 7.5 days sentence credit for each
5    month of his or her sentence of imprisonment;
6        (vi) that a prisoner serving a sentence for a second
7    or subsequent offense of luring a minor shall receive no
8    more than 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment; and
10        (vii) that a prisoner serving a sentence for
11    aggravated domestic battery shall receive no more than 4.5
12    days of sentence credit for each month of his or her
13    sentence of imprisonment; .
14        (viii) that a prisoner serving a sentence for
15    aggravated battery under paragraph (4) of subsection (d)
16    of Section 12-3.05 of the Criminal Code of 2012 in which
17    the victim was a peace officer shall receive no more than
18    4.5 days of sentence credit for each month of his or her
19    sentence of imprisonment; and
20        (ix) that a prisoner serving a sentence for bringing
21    contraband into a penal institution as described in
22    subsection (a) of Section 31A-1.1 of the Criminal Code of
23    2012 committed on or after the effective date of this
24    amendatory Act of the 102nd General Assembly shall receive
25    no more than 4.5 days of sentence credit for each month of
26    his or her sentence of imprisonment.

 

 

SB4152- 6 -LRB102 26220 RLC 36043 b

1    (2.1) For all offenses, other than those enumerated in
2subdivision (a)(2)(i), (ii), or (iii) committed on or after
3June 19, 1998 or subdivision (a)(2)(iv) committed on or after
4June 23, 2005 (the effective date of Public Act 94-71) or
5subdivision (a)(2)(v) committed on or after August 13, 2007
6(the effective date of Public Act 95-134) or subdivision
7(a)(2)(vi) committed on or after June 1, 2008 (the effective
8date of Public Act 95-625) or subdivision (a)(2)(vii)
9committed on or after July 23, 2010 (the effective date of
10Public Act 96-1224)or subdivision (a)(2)(viii) committed on or
11after the effective date of this amendatory Act of the 102nd
12General Assembly or subdivision (a)(2)(ix) committed on or
13after the effective date of this amendatory Act of the 102nd
14General Assembly, and other than the offense of aggravated
15driving under the influence of alcohol, other drug or drugs,
16or intoxicating compound or compounds, or any combination
17thereof as defined in subparagraph (F) of paragraph (1) of
18subsection (d) of Section 11-501 of the Illinois Vehicle Code,
19and other than the offense of aggravated driving under the
20influence of alcohol, other drug or drugs, or intoxicating
21compound or compounds, or any combination thereof as defined
22in subparagraph (C) of paragraph (1) of subsection (d) of
23Section 11-501 of the Illinois Vehicle Code committed on or
24after January 1, 2011 (the effective date of Public Act
2596-1230), the rules and regulations shall provide that a
26prisoner who is serving a term of imprisonment shall receive

 

 

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1one day of sentence credit for each day of his or her sentence
2of imprisonment or recommitment under Section 3-3-9. Each day
3of sentence credit shall reduce by one day the prisoner's
4period of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of
14paragraph (1) of subsection (d) of Section 11-501 of the
15Illinois Vehicle Code, shall receive no more than 4.5 days of
16sentence credit for each month of his or her sentence of
17imprisonment.
18    (2.4) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide with respect to the offenses of aggravated
21battery with a machine gun or a firearm equipped with any
22device or attachment designed or used for silencing the report
23of a firearm or aggravated discharge of a machine gun or a
24firearm equipped with any device or attachment designed or
25used for silencing the report of a firearm, committed on or
26after July 15, 1999 (the effective date of Public Act 91-121),

 

 

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1that a prisoner serving a sentence for any of these offenses
2shall receive no more than 4.5 days of sentence credit for each
3month of his or her sentence of imprisonment.
4    (2.5) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated arson committed on or after July 27, 2001 (the
8effective date of Public Act 92-176) shall receive no more
9than 4.5 days of sentence credit for each month of his or her
10sentence of imprisonment.
11    (2.6) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds or any
16combination thereof as defined in subparagraph (C) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code committed on or after January 1, 2011
19(the effective date of Public Act 96-1230) shall receive no
20more than 4.5 days of sentence credit for each month of his or
21her sentence of imprisonment.
22    (3) In addition to the sentence credits earned under
23paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that the Director may award up to 180 days of earned sentence
26credit for prisoners serving a sentence of incarceration of

 

 

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1less than 5 years, and up to 365 days of earned sentence credit
2for prisoners serving a sentence of 5 years or longer. The
3Director may grant this credit for good conduct in specific
4instances as the Director deems proper. The good conduct may
5include, but is not limited to, compliance with the rules and
6regulations of the Department, service to the Department,
7service to a community, or service to the State.
8    Eligible inmates for an award of earned sentence credit
9under this paragraph (3) may be selected to receive the credit
10at the Director's or his or her designee's sole discretion.
11Eligibility for the additional earned sentence credit under
12this paragraph (3) may be based on, but is not limited to,
13participation in programming offered by the Department as
14appropriate for the prisoner based on the results of any
15available risk/needs assessment or other relevant assessments
16or evaluations administered by the Department using a
17validated instrument, the circumstances of the crime,
18demonstrated commitment to rehabilitation by a prisoner with a
19history of conviction for a forcible felony enumerated in
20Section 2-8 of the Criminal Code of 2012, the inmate's
21behavior and improvements in disciplinary history while
22incarcerated, and the inmate's commitment to rehabilitation,
23including participation in programming offered by the
24Department.
25    The Director shall not award sentence credit under this
26paragraph (3) to an inmate unless the inmate has served a

 

 

SB4152- 10 -LRB102 26220 RLC 36043 b

1minimum of 60 days of the sentence; except nothing in this
2paragraph shall be construed to permit the Director to extend
3an inmate's sentence beyond that which was imposed by the
4court. Prior to awarding credit under this paragraph (3), the
5Director shall make a written determination that the inmate:
6        (A) is eligible for the earned sentence credit;
7        (B) has served a minimum of 60 days, or as close to 60
8    days as the sentence will allow;
9        (B-1) has received a risk/needs assessment or other
10    relevant evaluation or assessment administered by the
11    Department using a validated instrument; and
12        (C) has met the eligibility criteria established by
13    rule for earned sentence credit.
14    The Director shall determine the form and content of the
15written determination required in this subsection.
16    (3.5) The Department shall provide annual written reports
17to the Governor and the General Assembly on the award of earned
18sentence credit no later than February 1 of each year. The
19Department must publish both reports on its website within 48
20hours of transmitting the reports to the Governor and the
21General Assembly. The reports must include:
22        (A) the number of inmates awarded earned sentence
23    credit;
24        (B) the average amount of earned sentence credit
25    awarded;
26        (C) the holding offenses of inmates awarded earned

 

 

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1    sentence credit; and
2        (D) the number of earned sentence credit revocations.
3    (4)(A) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations shall also provide
5that any prisoner who is engaged full-time in substance abuse
6programs, correctional industry assignments, educational
7programs, work-release programs or activities in accordance
8with Article 13 of Chapter III of this Code, behavior
9modification programs, life skills courses, or re-entry
10planning provided by the Department under this paragraph (4)
11and satisfactorily completes the assigned program as
12determined by the standards of the Department, shall receive
13one day of sentence credit for each day in which that prisoner
14is engaged in the activities described in this paragraph. The
15rules and regulations shall also provide that sentence credit
16may be provided to an inmate who was held in pre-trial
17detention prior to his or her current commitment to the
18Department of Corrections and successfully completed a
19full-time, 60-day or longer substance abuse program,
20educational program, behavior modification program, life
21skills course, or re-entry planning provided by the county
22department of corrections or county jail. Calculation of this
23county program credit shall be done at sentencing as provided
24in Section 5-4.5-100 of this Code and shall be included in the
25sentencing order. The rules and regulations shall also provide
26that sentence credit may be provided to an inmate who is in

 

 

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1compliance with programming requirements in an adult
2transition center.
3    (B) The Department shall award sentence credit under this
4paragraph (4) accumulated prior to January 1, 2020 (the
5effective date of Public Act 101-440) in an amount specified
6in subparagraph (C) of this paragraph (4) to an inmate serving
7a sentence for an offense committed prior to June 19, 1998, if
8the Department determines that the inmate is entitled to this
9sentence credit, based upon:
10        (i) documentation provided by the Department that the
11    inmate engaged in any full-time substance abuse programs,
12    correctional industry assignments, educational programs,
13    behavior modification programs, life skills courses, or
14    re-entry planning provided by the Department under this
15    paragraph (4) and satisfactorily completed the assigned
16    program as determined by the standards of the Department
17    during the inmate's current term of incarceration; or
18        (ii) the inmate's own testimony in the form of an
19    affidavit or documentation, or a third party's
20    documentation or testimony in the form of an affidavit
21    that the inmate likely engaged in any full-time substance
22    abuse programs, correctional industry assignments,
23    educational programs, behavior modification programs, life
24    skills courses, or re-entry planning provided by the
25    Department under paragraph (4) and satisfactorily
26    completed the assigned program as determined by the

 

 

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

 

 

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1and correctional industry programs under which sentence credit
2may be earned under this paragraph (4) and paragraph (4.1) of
3this subsection (a) shall be evaluated by the Department on
4the basis of documented standards. The Department shall report
5the results of these evaluations to the Governor and the
6General Assembly by September 30th of each year. The reports
7shall include data relating to the recidivism rate among
8program participants.
9    Availability of these programs shall be subject to the
10limits of fiscal resources appropriated by the General
11Assembly for these purposes. Eligible inmates who are denied
12immediate admission shall be placed on a waiting list under
13criteria established by the Department. The rules and
14regulations shall provide that a prisoner who has been placed
15on a waiting list but is transferred for non-disciplinary
16reasons before beginning a program shall receive priority
17placement on the waitlist for appropriate programs at the new
18facility. The inability of any inmate to become engaged in any
19such programs by reason of insufficient program resources or
20for any other reason established under the rules and
21regulations of the Department shall not be deemed a cause of
22action under which the Department or any employee or agent of
23the Department shall be liable for damages to the inmate. The
24rules and regulations shall provide that a prisoner who begins
25an educational, vocational, substance abuse, work-release
26programs or activities in accordance with Article 13 of

 

 

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1Chapter III of this Code, behavior modification program, life
2skills course, re-entry planning, or correctional industry
3programs but is unable to complete the program due to illness,
4disability, transfer, lockdown, or another reason outside of
5the prisoner's control shall receive prorated sentence credits
6for the days in which the prisoner did participate.
7    (4.1) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations shall also provide
9that an additional 90 days of sentence credit shall be awarded
10to any prisoner who passes high school equivalency testing
11while the prisoner is committed to the Department of
12Corrections. The sentence credit awarded under this paragraph
13(4.1) shall be in addition to, and shall not affect, the award
14of sentence credit under any other paragraph of this Section,
15but shall also be pursuant to the guidelines and restrictions
16set forth in paragraph (4) of subsection (a) of this Section.
17The sentence credit provided for in this paragraph shall be
18available only to those prisoners who have not previously
19earned a high school diploma or a high school equivalency
20certificate. If, after an award of the high school equivalency
21testing sentence credit has been made, the Department
22determines that the prisoner was not eligible, then the award
23shall be revoked. The Department may also award 90 days of
24sentence credit to any committed person who passed high school
25equivalency testing while he or she was held in pre-trial
26detention prior to the current commitment to the Department of

 

 

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1Corrections. Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations shall provide that
3an additional 120 days of sentence credit shall be awarded to
4any prisoner who obtains an associate degree while the
5prisoner is committed to the Department of Corrections,
6regardless of the date that the associate degree was obtained,
7including if prior to July 1, 2021 (the effective date of
8Public Act 101-652). The sentence credit awarded under this
9paragraph (4.1) shall be in addition to, and shall not affect,
10the award of sentence credit under any other paragraph of this
11Section, but shall also be under the guidelines and
12restrictions set forth in paragraph (4) of subsection (a) of
13this Section. The sentence credit provided for in this
14paragraph (4.1) shall be available only to those prisoners who
15have not previously earned an associate degree prior to the
16current commitment to the Department of Corrections. If, after
17an award of the associate degree sentence credit has been made
18and the Department determines that the prisoner was not
19eligible, then the award shall be revoked. The Department may
20also award 120 days of sentence credit to any committed person
21who earned an associate degree while he or she was held in
22pre-trial detention prior to the current commitment to the
23Department of Corrections.
24    Except as provided in paragraph (4.7) of this subsection
25(a), the rules and regulations shall provide that an
26additional 180 days of sentence credit shall be awarded to any

 

 

SB4152- 17 -LRB102 26220 RLC 36043 b

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

 

 

SB4152- 18 -LRB102 26220 RLC 36043 b

1paragraph (4) of this subsection (a). The sentence credit
2provided for in this paragraph shall be available only to
3those prisoners who have not previously earned a master's or
4professional degree prior to the current commitment to the
5Department of Corrections. If, after an award of the master's
6or professional degree sentence credit has been made, the
7Department determines that the prisoner was not eligible, then
8the award shall be revoked. The Department may also award 180
9days of sentence credit to any committed person who earned a
10master's or professional degree while he or she was held in
11pre-trial detention prior to the current commitment to the
12Department of Corrections.
13    (4.2) The rules and regulations shall also provide that
14any prisoner engaged in self-improvement programs, volunteer
15work, or work assignments that are not otherwise eligible
16activities under paragraph (4), shall receive up to 0.5 days
17of sentence credit for each day in which the prisoner is
18engaged in activities described in this paragraph.
19    (4.5) The rules and regulations on sentence credit shall
20also provide that when the court's sentencing order recommends
21a prisoner for substance abuse treatment and the crime was
22committed on or after September 1, 2003 (the effective date of
23Public Act 93-354), the prisoner shall receive no sentence
24credit awarded under clause (3) of this subsection (a) unless
25he or she participates in and completes a substance abuse
26treatment program. The Director may waive the requirement to

 

 

SB4152- 19 -LRB102 26220 RLC 36043 b

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

 

 

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1the Director's sole discretion, be awarded sentence credit at
2a rate as the Director shall determine.
3    (4.7) On or after January 1, 2018 (the effective date of
4Public Act 100-3), sentence credit under paragraph (3), (4),
5or (4.1) of this subsection (a) may be awarded to a prisoner
6who is serving a sentence for an offense described in
7paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
8on or after January 1, 2018 (the effective date of Public Act
9100-3); provided, the award of the credits under this
10paragraph (4.7) shall not reduce the sentence of the prisoner
11to less than the following amounts:
12        (i) 85% of his or her sentence if the prisoner is
13    required to serve 85% of his or her sentence; or
14        (ii) 60% of his or her sentence if the prisoner is
15    required to serve 75% of his or her sentence, except if the
16    prisoner is serving a sentence for gunrunning his or her
17    sentence shall not be reduced to less than 75%.
18        (iii) 100% of his or her sentence if the prisoner is
19    required to serve 100% of his or her sentence.
20    (5) Whenever the Department is to release any inmate
21earlier than it otherwise would because of a grant of earned
22sentence credit under paragraph (3) of subsection (a) of this
23Section given at any time during the term, the Department
24shall give reasonable notice of the impending release not less
25than 14 days prior to the date of the release to the State's
26Attorney of the county where the prosecution of the inmate

 

 

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1took place, and if applicable, the State's Attorney of the
2county into which the inmate will be released. The Department
3must also make identification information and a recent photo
4of the inmate being released accessible on the Internet by
5means of a hyperlink labeled "Community Notification of Inmate
6Early Release" on the Department's World Wide Web homepage.
7The identification information shall include the inmate's:
8name, any known alias, date of birth, physical
9characteristics, commitment offense, and county where
10conviction was imposed. The identification information shall
11be placed on the website within 3 days of the inmate's release
12and the information may not be removed until either:
13completion of the first year of mandatory supervised release
14or return of the inmate to custody of the Department.
15    (b) Whenever a person is or has been committed under
16several convictions, with separate sentences, the sentences
17shall be construed under Section 5-8-4 in granting and
18forfeiting of sentence credit.
19    (c) (1) The Department shall prescribe rules and
20regulations for revoking sentence credit, including revoking
21sentence credit awarded under paragraph (3) of subsection (a)
22of this Section. The Department shall prescribe rules and
23regulations establishing and requiring the use of a sanctions
24matrix for revoking sentence credit. The Department shall
25prescribe rules and regulations for suspending or reducing the
26rate of accumulation of sentence credit for specific rule

 

 

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

 

 

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1prescribe rules and regulations governing the restoration of
2sentence credits. These rules and regulations shall provide
3for the automatic restoration of sentence credits following a
4period in which the prisoner maintains a record without a
5disciplinary violation.
6    Nothing contained in this Section shall prohibit the
7Prisoner Review Board from ordering, pursuant to Section
83-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
9sentence imposed by the court that was not served due to the
10accumulation of sentence credit.
11    (d) If a lawsuit is filed by a prisoner in an Illinois or
12federal court against the State, the Department of
13Corrections, or the Prisoner Review Board, or against any of
14their officers or employees, and the court makes a specific
15finding that a pleading, motion, or other paper filed by the
16prisoner is frivolous, the Department of Corrections shall
17conduct a hearing to revoke up to 180 days of sentence credit
18by bringing charges against the prisoner sought to be deprived
19of the sentence credits before the Prisoner Review Board as
20provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
21If the prisoner has not accumulated 180 days of sentence
22credit at the time of the finding, then the Prisoner Review
23Board may revoke all sentence credit accumulated by the
24prisoner.
25    For purposes of this subsection (d):
26        (1) "Frivolous" means that a pleading, motion, or

 

 

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1    other filing which purports to be a legal document filed
2    by a prisoner in his or her lawsuit meets any or all of the
3    following criteria:
4            (A) it lacks an arguable basis either in law or in
5        fact;
6            (B) it is being presented for any improper
7        purpose, such as to harass or to cause unnecessary
8        delay or needless increase in the cost of litigation;
9            (C) the claims, defenses, and other legal
10        contentions therein are not warranted by existing law
11        or by a nonfrivolous argument for the extension,
12        modification, or reversal of existing law or the
13        establishment of new law;
14            (D) the allegations and other factual contentions
15        do not have evidentiary support or, if specifically so
16        identified, are not likely to have evidentiary support
17        after a reasonable opportunity for further
18        investigation or discovery; or
19            (E) the denials of factual contentions are not
20        warranted on the evidence, or if specifically so
21        identified, are not reasonably based on a lack of
22        information or belief.
23        (2) "Lawsuit" means a motion pursuant to Section 116-3
24    of the Code of Criminal Procedure of 1963, a habeas corpus
25    action under Article X of the Code of Civil Procedure or
26    under federal law (28 U.S.C. 2254), a petition for claim

 

 

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1    under the Court of Claims Act, an action under the federal
2    Civil Rights Act (42 U.S.C. 1983), or a second or
3    subsequent petition for post-conviction relief under
4    Article 122 of the Code of Criminal Procedure of 1963
5    whether filed with or without leave of court or a second or
6    subsequent petition for relief from judgment under Section
7    2-1401 of the Code of Civil Procedure.
8    (e) Nothing in Public Act 90-592 or 90-593 affects the
9validity of Public Act 89-404.
10    (f) Whenever the Department is to release any inmate who
11has been convicted of a violation of an order of protection
12under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
13the Criminal Code of 2012, earlier than it otherwise would
14because of a grant of sentence credit, the Department, as a
15condition of release, shall require that the person, upon
16release, be placed under electronic surveillance as provided
17in Section 5-8A-7 of this Code.
18(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
19102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)