Full Text of HB2610 99th General Assembly
HB2610ham001 99TH GENERAL ASSEMBLY | Rep. John M. Cabello Filed: 3/24/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2610
| 2 | | AMENDMENT NO. ______. Amend House Bill 2610 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-5, 3-3-13, and 3-6-3 as follows:
| 6 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 7 | | Sec. 3-3-5. Hearing and Determination.
| 8 | | (a) The Prisoner
Review Board shall meet as often as need | 9 | | requires to consider
the cases of persons eligible for parole | 10 | | and aftercare release. Except as otherwise
provided in | 11 | | paragraph (2) of subsection (a) of Section 3-3-2
of this Act, | 12 | | the Prisoner Review Board may meet and
order its actions in | 13 | | panels of 3 or more members. The action
of a majority of the | 14 | | panel shall be the action of the Board.
In consideration of | 15 | | persons committed to the Department of Juvenile Justice,
the | 16 | | panel shall have at least a majority of members experienced
in |
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| 1 | | juvenile matters.
| 2 | | (b) If the person under consideration for parole or | 3 | | aftercare release is in the
custody of the Department, at least | 4 | | one member of the Board
shall interview him or her, and a | 5 | | report of that interview shall be
available for the Board's | 6 | | consideration. However, in the
discretion of the Board, the | 7 | | interview need not be conducted
if a psychiatric examination | 8 | | determines that the person could
not meaningfully contribute to | 9 | | the Board's consideration. The
Board may in its discretion | 10 | | parole or release on aftercare a person who is then outside
the | 11 | | jurisdiction on his or her record without an interview. The | 12 | | Board
need not hold a hearing or interview a person who is | 13 | | paroled or released on aftercare
under paragraphs (d) or (e) of | 14 | | this Section or released on
Mandatory release under Section | 15 | | 3-3-10.
| 16 | | (c) The Board shall not parole or release a person eligible | 17 | | for
parole or aftercare release if it determines that:
| 18 | | (1) there is a substantial risk that he or she will not
| 19 | | conform to reasonable conditions of parole or aftercare | 20 | | release; or
| 21 | | (2) his or her release at that time would deprecate the
| 22 | | seriousness of his or her offense or promote disrespect for | 23 | | the law; or
| 24 | | (3) his or her release would have a substantially | 25 | | adverse
effect on institutional discipline.
| 26 | | (c-5) In making its determination for parole under |
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| 1 | | paragraph (1) of subsection (a) of Section 3-3-2 of this Code, | 2 | | the Board shall analyze the person's offense using the | 3 | | depravity standard or other similarly standardized instrument | 4 | | which is based on specific characteristics of the crime and | 5 | | shall consider the score as part of its evaluation. No specific | 6 | | score shall be considered as determinative and the evaluation | 7 | | shall be considered in tandem with any risk assessment tool | 8 | | which may be used. | 9 | | (d) A person committed under the Juvenile Court Act
or the | 10 | | Juvenile Court Act of 1987
who has not been sooner released | 11 | | shall be released on aftercare on or before
his or her 20th | 12 | | birthday to begin serving a period of aftercare release under
| 13 | | Section 3-3-8.
| 14 | | (e) A person who has served the maximum term of
| 15 | | imprisonment imposed at the time of sentencing less time
credit | 16 | | for good behavior shall be released on parole to
serve a period | 17 | | of parole under Section 5-8-1.
| 18 | | (f) The Board shall render its decision within a
reasonable | 19 | | time after hearing and shall state the basis
therefor both in | 20 | | the records of the Board and in written
notice to the person on | 21 | | whose application it has acted.
In its decision, the Board | 22 | | shall set the person's time
for parole or aftercare release, or | 23 | | if it denies parole or aftercare release it shall provide for
a | 24 | | rehearing not less frequently than once every
year, except that | 25 | | the Board may,
after denying parole,
schedule a rehearing no | 26 | | later than 5 years from the date of the parole
denial, if the |
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| 1 | | Board finds that it is not reasonable to expect that parole
| 2 | | would be granted at a hearing prior to the scheduled rehearing | 3 | | date. If the
Board shall parole or release a person, and, if he | 4 | | or she is not released within 90 days from
the effective date | 5 | | of the order granting parole or aftercare release, the matter | 6 | | shall be
returned to the Board for review.
| 7 | | (f-1) If the Board paroles or releases a person who is | 8 | | eligible for commitment as a sexually violent person, the | 9 | | effective date of the Board's order shall be stayed for 90 days | 10 | | for the purpose of evaluation and proceedings under the | 11 | | Sexually Violent Persons Commitment Act. | 12 | | (g) The Board shall maintain a registry of decisions in | 13 | | which parole
has been granted, which shall include the name and | 14 | | case number of the
prisoner, the highest charge for which the | 15 | | prisoner was sentenced, the
length of sentence imposed, the | 16 | | date of the sentence, the date of the
parole, and the basis for | 17 | | the decision of the Board to grant parole and the
vote of the | 18 | | Board on any such decisions. The registry shall be made | 19 | | available
for public inspection and copying during business | 20 | | hours and shall be a public
record pursuant to the provisions | 21 | | of the Freedom of Information Act.
| 22 | | (h) The Board shall promulgate rules regarding the exercise
| 23 | | of its discretion under this Section.
| 24 | | (Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12; | 25 | | 98-558, eff. 1-1-14.)
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| 1 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| 2 | | Sec. 3-3-13. Procedure for Executive Clemency.
| 3 | | (a) Petitions seeking pardon, commutation, or reprieve | 4 | | shall be
addressed to the Governor and filed with the Prisoner | 5 | | Review
Board. The petition shall be in writing and signed by | 6 | | the
person under conviction or by a person on his behalf. It | 7 | | shall
contain a brief history of the case, the reasons for | 8 | | seeking
executive clemency, and other relevant information the | 9 | | Board may require.
| 10 | | (a-5) After a petition has been denied by the Governor, the | 11 | | Board may not
accept a repeat petition for executive clemency | 12 | | for the same person until one
full year has elapsed from the | 13 | | date of the denial. The Chairman of the Board
may waive the | 14 | | one-year requirement if the petitioner offers in writing
new | 15 | | information that was unavailable to the petitioner at the time
| 16 | | of the filing of the prior petition and which the Chairman | 17 | | determines to be
significant. The Chairman also may waive the | 18 | | one-year
waiting period if the petitioner can show that a | 19 | | change in circumstances of a
compelling humanitarian nature has | 20 | | arisen since the denial of the prior
petition.
| 21 | | (b) Notice of the proposed application shall be given by
| 22 | | the Board to the committing court and the state's attorney of
| 23 | | the county where the conviction was had.
| 24 | | (c) The Board shall, if requested and upon due notice,
give | 25 | | a hearing to each application, allowing representation by
| 26 | | counsel, if desired, after which it shall confidentially
advise |
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| 1 | | the Governor by a written report of its recommendations
which | 2 | | shall be determined by majority vote. The Board shall
meet to | 3 | | consider such petitions no less than 4 times each
year.
| 4 | | Application for executive clemency under this Section may | 5 | | not be commenced
on behalf of a person who has been sentenced | 6 | | to death without the written
consent of the defendant, unless | 7 | | the defendant, because of a mental or
physical condition, is | 8 | | incapable of asserting his or her own claim.
| 9 | | (c-5) In making its determination regarding the | 10 | | suitability of a petitioner for relief under this Section, the | 11 | | Board shall analyze the offense using the depravity standard or | 12 | | other similarly standardized instrument which is based on | 13 | | specific characteristics of the crime and shall consider the | 14 | | score as part of its evaluation. No specific score shall be | 15 | | considered as determinative and the evaluation shall be | 16 | | considered in tandem with any risk assessment tool which may be | 17 | | used. | 18 | | (d) The Governor shall decide each application and
| 19 | | communicate his decision to the Board which shall notify the
| 20 | | petitioner.
| 21 | | In the event a petitioner who has been convicted of a Class | 22 | | X felony is
granted a release, after the Governor has | 23 | | communicated such decision to
the Board, the Board shall give | 24 | | written notice to the Sheriff of the county
from which the | 25 | | offender was sentenced if such sheriff has requested that
such | 26 | | notice be given on a continuing basis. In cases where arrest of |
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| 1 | | the
offender or the commission of the offense took place in any | 2 | | municipality
with a population of more than 10,000 persons, the | 3 | | Board shall also give
written notice to the proper law | 4 | | enforcement agency for said municipality
which has requested | 5 | | notice on a continuing basis.
| 6 | | (e) Nothing in this Section shall be construed to limit the | 7 | | power of the
Governor under the constitution to grant a | 8 | | reprieve, commutation of sentence,
or pardon.
| 9 | | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| 10 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 11 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 12 | | (a) (1) The Department of Corrections shall prescribe | 13 | | rules
and regulations for awarding and revoking sentence | 14 | | credit for persons committed to the Department which shall
| 15 | | be subject to review by the Prisoner Review Board.
| 16 | | (1.5) As otherwise provided by law, sentence credit may | 17 | | be awarded for the following: | 18 | | (A) successful completion of programming while in | 19 | | custody of the Department or while in custody prior to | 20 | | sentencing; | 21 | | (B) compliance with the rules and regulations of | 22 | | the Department; or | 23 | | (C) service to the institution, service to a | 24 | | community, or service to the State. | 25 | | (2) The rules and regulations on sentence credit shall |
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| 1 | | provide, with
respect to offenses listed in clause (i), | 2 | | (ii), or (iii) of this paragraph (2) committed on or after | 3 | | June 19, 1998 or with respect to the offense listed in | 4 | | clause (iv) of this paragraph (2) committed on or after | 5 | | June 23, 2005 (the effective date of Public Act 94-71) or | 6 | | with
respect to offense listed in clause (vi)
committed on | 7 | | or after June 1, 2008 (the effective date of Public Act | 8 | | 95-625)
or with respect to the offense of being an armed | 9 | | habitual criminal committed on or after August 2, 2005 (the | 10 | | effective date of Public Act 94-398) or with respect to the | 11 | | offenses listed in clause (v) of this paragraph (2) | 12 | | committed on or after August 13, 2007 (the effective date | 13 | | of Public Act 95-134) or with respect to the offense of | 14 | | aggravated domestic battery committed on or after July 23, | 15 | | 2010 (the effective date of Public Act 96-1224) or with | 16 | | respect to the offense of attempt to commit terrorism | 17 | | committed on or after January 1, 2013 (the effective date | 18 | | of Public Act 97-990), the following:
| 19 | | (i) that a prisoner who is serving a term of | 20 | | imprisonment for first
degree murder or for the offense | 21 | | of terrorism shall receive no sentence
credit and shall | 22 | | serve the entire
sentence imposed by the court;
| 23 | | (ii) that a prisoner serving a sentence for attempt | 24 | | to commit terrorism, attempt to commit first
degree | 25 | | murder, solicitation of murder, solicitation of murder | 26 | | for hire,
intentional homicide of an unborn child, |
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| 1 | | predatory criminal sexual assault of a
child, | 2 | | aggravated criminal sexual assault, criminal sexual | 3 | | assault, aggravated
kidnapping, aggravated battery | 4 | | with a firearm as described in Section 12-4.2 or | 5 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 6 | | Section 12-3.05, heinous battery as described in | 7 | | Section 12-4.1 or subdivision (a)(2) of Section | 8 | | 12-3.05, being an armed habitual criminal, aggravated
| 9 | | battery of a senior citizen as described in Section | 10 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 11 | | aggravated battery of a child as described in Section | 12 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 13 | | receive no
more than 4.5 days of sentence credit for | 14 | | each month of his or her sentence
of imprisonment;
| 15 | | (iii) that a prisoner serving a sentence
for home | 16 | | invasion, armed robbery, aggravated vehicular | 17 | | hijacking,
aggravated discharge of a firearm, or armed | 18 | | violence with a category I weapon
or category II | 19 | | weapon, when the court
has made and entered a finding, | 20 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 21 | | Code, that the conduct leading to conviction for the | 22 | | enumerated offense
resulted in great bodily harm to a | 23 | | victim, shall receive no more than 4.5 days
of sentence | 24 | | credit for each month of his or her sentence of | 25 | | imprisonment;
| 26 | | (iv) that a prisoner serving a sentence for |
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| 1 | | aggravated discharge of a firearm, whether or not the | 2 | | conduct leading to conviction for the offense resulted | 3 | | in great bodily harm to the victim, shall receive no | 4 | | more than 4.5 days of sentence credit for each month of | 5 | | his or her sentence of imprisonment;
| 6 | | (v) that a person serving a sentence for | 7 | | gunrunning, narcotics racketeering, controlled | 8 | | substance trafficking, methamphetamine trafficking, | 9 | | drug-induced homicide, aggravated | 10 | | methamphetamine-related child endangerment, money | 11 | | laundering pursuant to clause (c) (4) or (5) of Section | 12 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 13 | | of 2012, or a Class X felony conviction for delivery of | 14 | | a controlled substance, possession of a controlled | 15 | | substance with intent to manufacture or deliver, | 16 | | calculated criminal drug conspiracy, criminal drug | 17 | | conspiracy, street gang criminal drug conspiracy, | 18 | | participation in methamphetamine manufacturing, | 19 | | aggravated participation in methamphetamine | 20 | | manufacturing, delivery of methamphetamine, possession | 21 | | with intent to deliver methamphetamine, aggravated | 22 | | delivery of methamphetamine, aggravated possession | 23 | | with intent to deliver methamphetamine, | 24 | | methamphetamine conspiracy when the substance | 25 | | containing the controlled substance or methamphetamine | 26 | | is 100 grams or more shall receive no more than 7.5 |
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| 1 | | days sentence credit for each month of his or her | 2 | | sentence of imprisonment;
| 3 | | (vi)
that a prisoner serving a sentence for a | 4 | | second or subsequent offense of luring a minor shall | 5 | | receive no more than 4.5 days of sentence credit for | 6 | | each month of his or her sentence of imprisonment; and
| 7 | | (vii) that a prisoner serving a sentence for | 8 | | aggravated domestic battery shall receive no more than | 9 | | 4.5 days of sentence credit for each month of his or | 10 | | her sentence of imprisonment. | 11 | | (2.1) For all offenses, other than those enumerated in | 12 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 13 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 14 | | after June 23, 2005 (the effective date of Public Act | 15 | | 94-71) or subdivision (a)(2)(v) committed on or after | 16 | | August 13, 2007 (the effective date of Public Act 95-134)
| 17 | | or subdivision (a)(2)(vi) committed on or after June 1, | 18 | | 2008 (the effective date of Public Act 95-625) or | 19 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 20 | | (the effective date of Public Act 96-1224), 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 (F) of paragraph (1) of subsection (d) of | 25 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 26 | | the offense of aggravated driving under the influence of |
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| 1 | | alcohol,
other drug or drugs, or intoxicating compound or | 2 | | compounds, or any combination
thereof as defined in | 3 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 4 | | Section 11-501 of the Illinois Vehicle Code committed on or | 5 | | after January 1, 2011 (the effective date of Public Act | 6 | | 96-1230),
the rules and regulations shall
provide that a | 7 | | prisoner who is serving a term of
imprisonment shall | 8 | | receive one day of sentence credit for each day of
his or | 9 | | her sentence of imprisonment or recommitment under Section | 10 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 11 | | the prisoner's period
of imprisonment or recommitment | 12 | | under Section 3-3-9.
| 13 | | (2.2) A prisoner serving a term of natural life | 14 | | imprisonment or a
prisoner who has been sentenced to death | 15 | | shall receive no sentence
credit.
| 16 | | (2.3) The rules and regulations on sentence credit | 17 | | shall provide that
a prisoner who is serving a sentence for | 18 | | aggravated driving under the influence of alcohol,
other | 19 | | drug or drugs, or intoxicating compound or compounds, or | 20 | | any combination
thereof as defined in subparagraph (F) of | 21 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 22 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 23 | | of sentence credit for each month of his or her sentence of
| 24 | | imprisonment.
| 25 | | (2.4) The rules and regulations on sentence credit | 26 | | shall provide with
respect to the offenses of aggravated |
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| 1 | | battery with a machine gun or a firearm
equipped with any | 2 | | device or attachment designed or used for silencing the
| 3 | | report of a firearm or aggravated discharge of a machine | 4 | | gun or a firearm
equipped with any device or attachment | 5 | | designed or used for silencing the
report of a firearm, | 6 | | committed on or after
July 15, 1999 (the effective date of | 7 | | Public Act 91-121),
that a prisoner serving a sentence for | 8 | | any of these offenses shall receive no
more than 4.5 days | 9 | | of sentence credit for each month of his or her sentence
of | 10 | | imprisonment.
| 11 | | (2.5) The rules and regulations on sentence credit | 12 | | shall provide that a
prisoner who is serving a sentence for | 13 | | aggravated arson committed on or after
July 27, 2001 (the | 14 | | effective date of Public Act 92-176) shall receive no more | 15 | | than
4.5 days of sentence credit for each month of his or | 16 | | her sentence of
imprisonment.
| 17 | | (2.6) The rules and regulations on sentence credit | 18 | | shall provide that a
prisoner who is serving a sentence for | 19 | | aggravated driving under the influence of alcohol,
other | 20 | | drug or drugs, or intoxicating compound or compounds or any | 21 | | combination
thereof as defined in subparagraph (C) of | 22 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 23 | | Illinois Vehicle Code committed on or after January 1, 2011 | 24 | | (the effective date of Public Act 96-1230) shall receive no | 25 | | more than 4.5
days of sentence credit for each month of his | 26 | | or her sentence of
imprisonment. |
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| 1 | | (3) The rules and regulations shall also provide that
| 2 | | the Director may award up to 180 days additional sentence
| 3 | | credit for good conduct in specific instances as the
| 4 | | Director deems proper. The good conduct may include, but is | 5 | | not limited to, compliance with the rules and regulations | 6 | | of the Department, service to the Department, service to a | 7 | | community, or service to the State. However, the Director | 8 | | shall not award more than 90 days
of sentence credit for | 9 | | good conduct to any prisoner who is serving a sentence for
| 10 | | conviction of first degree murder, reckless homicide while | 11 | | under the
influence of alcohol or any other drug,
or | 12 | | aggravated driving under the influence of alcohol, other | 13 | | drug or drugs, or
intoxicating compound or compounds, or | 14 | | any combination thereof as defined in
subparagraph (F) of | 15 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 16 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 17 | | predatory criminal sexual assault of a child,
aggravated | 18 | | criminal sexual assault, criminal sexual assault, deviate | 19 | | sexual
assault, aggravated criminal sexual abuse, | 20 | | aggravated indecent liberties
with a child, indecent | 21 | | liberties with a child, child pornography, heinous
battery | 22 | | as described in Section 12-4.1 or subdivision (a)(2) of | 23 | | Section 12-3.05, aggravated battery of a spouse, | 24 | | aggravated battery of a spouse
with a firearm, stalking, | 25 | | aggravated stalking, aggravated battery of a child as | 26 | | described in Section 12-4.3 or subdivision (b)(1) of |
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| 1 | | Section 12-3.05,
endangering the life or health of a child, | 2 | | or cruelty to a child. Notwithstanding the foregoing, | 3 | | sentence credit for
good conduct shall not be awarded on a
| 4 | | sentence of imprisonment imposed for conviction of: (i) one | 5 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 6 | | or (iii) when the offense is committed on or after
June 19, | 7 | | 1998 or subdivision (a)(2)(iv) when the offense is | 8 | | committed on or after June 23, 2005 (the effective date of | 9 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 10 | | is committed on or after August 13, 2007 (the effective | 11 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 12 | | the offense is committed on or after June 1, 2008 (the | 13 | | effective date of Public Act 95-625) or subdivision | 14 | | (a)(2)(vii) when the offense is committed on or after July | 15 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 16 | | aggravated driving under the influence of alcohol, other | 17 | | drug or drugs, or
intoxicating compound or compounds, or | 18 | | any combination thereof as defined in
subparagraph (F) of | 19 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 20 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 21 | | in subdivision
(a)(2.4) when the offense is committed on or | 22 | | after
July 15, 1999 (the effective date of Public Act | 23 | | 91-121),
(iv) aggravated arson when the offense is | 24 | | committed
on or after July 27, 2001 (the effective date of | 25 | | Public Act 92-176), (v) offenses that may subject the | 26 | | offender to commitment under the Sexually Violent Persons |
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| 1 | | Commitment Act, or (vi) aggravated driving under the | 2 | | influence of alcohol,
other drug or drugs, or intoxicating | 3 | | compound or compounds or any combination
thereof as defined | 4 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 5 | | Section 11-501 of the Illinois Vehicle Code committed on or | 6 | | after January 1, 2011 (the effective date of Public Act | 7 | | 96-1230).
| 8 | | Eligible inmates for an award of sentence credit under
this | 9 | | paragraph (3) may be selected to receive the credit at
the | 10 | | Director's or his or her designee's sole discretion.
| 11 | | Consideration may be based on, but not limited to, any
| 12 | | available risk assessment analysis on the inmate, any history | 13 | | of conviction for violent crimes as defined by the Rights of | 14 | | Crime Victims and Witnesses Act, facts and circumstances of the | 15 | | inmate's holding offense or offenses, and the potential for | 16 | | rehabilitation. | 17 | | The Director shall not award sentence credit under this | 18 | | paragraph (3) to an inmate unless the inmate has served a | 19 | | minimum of 60 days of the sentence; except nothing in this | 20 | | paragraph shall be construed to permit the Director to extend | 21 | | an inmate's sentence beyond that which was imposed by the | 22 | | court. Prior to awarding credit under this paragraph (3), the | 23 | | Director shall make a written determination that the inmate: | 24 | | (A) is eligible for the sentence credit; | 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 | | (3.5) The Department shall provide annual written | 6 | | reports to the Governor and the General Assembly on the | 7 | | award of sentence credit for good conduct, with the first | 8 | | report due January 1, 2014. The Department must publish | 9 | | both reports on its website within 48 hours of transmitting | 10 | | the reports to the Governor and the General Assembly. The | 11 | | reports must include: | 12 | | (A) the number of inmates awarded sentence credit | 13 | | for good conduct; | 14 | | (B) the average amount of sentence credit for good | 15 | | conduct awarded; | 16 | | (C) the holding offenses of inmates awarded | 17 | | sentence credit for good conduct; and | 18 | | (D) the number of sentence credit for good conduct | 19 | | revocations. | 20 | | (4) The rules and regulations shall also provide that | 21 | | the sentence
credit accumulated and retained under | 22 | | paragraph (2.1) of subsection (a) of
this Section by any | 23 | | inmate during specific periods of time in which such
inmate | 24 | | is engaged full-time in substance abuse programs, | 25 | | correctional
industry assignments, educational programs, | 26 | | behavior modification programs, life skills courses, or |
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| 1 | | re-entry planning provided by the Department
under this | 2 | | paragraph (4) and satisfactorily completes the assigned | 3 | | program as
determined by the standards of the Department, | 4 | | shall be multiplied by a factor
of 1.25 for program | 5 | | participation before August 11, 1993
and 1.50 for program | 6 | | participation on or after that date.
The rules and | 7 | | regulations shall also provide that sentence credit, | 8 | | subject to the same offense limits and multiplier provided | 9 | | in this paragraph, may be provided to an inmate who was | 10 | | held in pre-trial detention prior to his or her current | 11 | | commitment to the Department of Corrections and | 12 | | successfully completed a full-time, 60-day or longer | 13 | | substance abuse program, educational program, behavior | 14 | | modification program, life skills course, or re-entry | 15 | | planning provided by the county department of corrections | 16 | | or county jail. Calculation of this county program credit | 17 | | shall be done at sentencing as provided in Section | 18 | | 5-4.5-100 of this Code and shall be included in the | 19 | | sentencing order. However, no inmate shall be eligible for | 20 | | the additional sentence credit
under this paragraph (4) or | 21 | | (4.1) of this subsection (a) while assigned to a boot camp
| 22 | | or electronic detention, or if convicted of an offense | 23 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 24 | | Section that is committed on or after June 19,
1998 or | 25 | | subdivision (a)(2)(iv) of this Section that is committed on | 26 | | or after June 23, 2005 (the effective date of Public Act |
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| 1 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 2 | | committed on or after August 13, 2007 (the effective date | 3 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 4 | | offense is committed on or after June 1, 2008 (the | 5 | | effective date of Public Act 95-625) or subdivision | 6 | | (a)(2)(vii) when the offense is committed on or after July | 7 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 8 | | convicted 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 (F) of paragraph (1) of subsection (d) of | 12 | | Section 11-501 of the
Illinois Vehicle Code, or if | 13 | | convicted of aggravated driving under the influence of | 14 | | alcohol,
other drug or drugs, or intoxicating compound or | 15 | | compounds or any combination
thereof as defined in | 16 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 17 | | Section 11-501 of the Illinois Vehicle Code committed on or | 18 | | after January 1, 2011 (the effective date of Public Act | 19 | | 96-1230), or if convicted of an offense enumerated in | 20 | | paragraph
(a)(2.4) of this Section that is committed on or | 21 | | after
July 15, 1999 (the effective date of Public Act | 22 | | 91-121),
or first degree murder, a Class X felony, criminal | 23 | | sexual
assault, felony criminal sexual abuse, aggravated | 24 | | criminal sexual abuse,
aggravated battery with a firearm as | 25 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 26 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or |
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| 1 | | successor offenses
with the same or substantially the same | 2 | | elements, or any inchoate offenses
relating to the | 3 | | foregoing offenses. No inmate shall be eligible for the
| 4 | | additional good conduct credit under this paragraph (4) who | 5 | | (i) has previously
received increased good conduct credit | 6 | | under this paragraph (4) and has
subsequently been | 7 | | convicted of a
felony, or (ii) has previously served more | 8 | | than one prior sentence of
imprisonment for a felony in an | 9 | | adult correctional facility.
| 10 | | Educational, vocational, substance abuse, behavior | 11 | | modification programs, life skills courses, re-entry | 12 | | planning, and correctional
industry programs under which | 13 | | sentence credit may be increased under
this paragraph (4) | 14 | | and paragraph (4.1) of this subsection (a) shall be | 15 | | evaluated by the Department on the basis of
documented | 16 | | standards. The Department shall report the results of these
| 17 | | evaluations to the Governor and the General Assembly by | 18 | | September 30th of each
year. The reports shall include data | 19 | | relating to the recidivism rate among
program | 20 | | participants.
| 21 | | Availability of these programs shall be subject to the
| 22 | | limits of fiscal resources appropriated by the General | 23 | | Assembly for these
purposes. Eligible inmates who are | 24 | | denied immediate admission shall be
placed on a waiting | 25 | | list under criteria established by the Department.
The | 26 | | inability of any inmate to become engaged in any such |
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| 1 | | programs
by reason of insufficient program resources or for | 2 | | any other reason
established under the rules and | 3 | | regulations of the Department shall not be
deemed a cause | 4 | | of action under which the Department or any employee or
| 5 | | agent of the Department shall be liable for damages to the | 6 | | inmate.
| 7 | | (4.1) The rules and regulations shall also provide that | 8 | | an additional 60 days of sentence credit shall be awarded | 9 | | to any prisoner who passes high school equivalency testing | 10 | | while the prisoner is committed to the Department of | 11 | | Corrections. The sentence credit awarded under this | 12 | | paragraph (4.1) shall be in addition to, and shall not | 13 | | affect, the award of sentence credit under any other | 14 | | paragraph of this Section, but shall also be pursuant to | 15 | | the guidelines and restrictions set forth in paragraph (4) | 16 | | of subsection (a) of this Section.
The sentence credit | 17 | | provided for in this paragraph shall be available only to | 18 | | those prisoners who have not previously earned a high | 19 | | school diploma or a high school equivalency certificate. | 20 | | If, after an award of the high school equivalency testing | 21 | | sentence credit has been made, the Department determines | 22 | | that the prisoner was not eligible, then the award shall be | 23 | | revoked.
The Department may also award 60 days of sentence | 24 | | credit to any committed person who passed high school | 25 | | equivalency testing while he or she was held in pre-trial | 26 | | detention prior to the current commitment to the Department |
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| 1 | | of Corrections. | 2 | | (4.5) The rules and regulations on sentence credit | 3 | | shall also provide that
when the court's sentencing order | 4 | | recommends a prisoner for substance abuse treatment and the
| 5 | | crime was committed on or after September 1, 2003 (the | 6 | | effective date of
Public Act 93-354), the prisoner shall | 7 | | receive no sentence credit awarded under clause (3) of this | 8 | | subsection (a) unless he or she participates in and
| 9 | | completes a substance abuse treatment program. The | 10 | | Director may waive the requirement to participate in or | 11 | | complete a substance abuse treatment program and award the | 12 | | sentence credit in specific instances if the prisoner is | 13 | | not a good candidate for a substance abuse treatment | 14 | | program for medical, programming, or operational reasons. | 15 | | Availability of
substance abuse treatment shall be subject | 16 | | to the limits of fiscal resources
appropriated by the | 17 | | General Assembly for these purposes. If treatment is not
| 18 | | available and the requirement to participate and complete | 19 | | the treatment has not been waived by the Director, the | 20 | | prisoner shall be placed on a waiting list under criteria
| 21 | | established by the Department. The Director may allow a | 22 | | prisoner placed on
a waiting list to participate in and | 23 | | complete a substance abuse education class or attend | 24 | | substance
abuse self-help meetings in lieu of a substance | 25 | | abuse treatment program. A prisoner on a waiting list who | 26 | | is not placed in a substance abuse program prior to release |
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| 1 | | may be eligible for a waiver and receive sentence credit | 2 | | under clause (3) of this subsection (a) at the discretion | 3 | | of the Director.
| 4 | | (4.6) The rules and regulations on sentence credit | 5 | | shall also provide that a prisoner who has been convicted | 6 | | of a sex offense as defined in Section 2 of the Sex | 7 | | Offender Registration Act shall receive no sentence credit | 8 | | unless he or she either has successfully completed or is | 9 | | participating in sex offender treatment as defined by the | 10 | | Sex Offender Management Board. However, prisoners who are | 11 | | waiting to receive treatment, but who are unable to do so | 12 | | due solely to the lack of resources on the part of the | 13 | | Department, may, at the Director's sole discretion, be | 14 | | awarded sentence credit at a rate as the Director shall | 15 | | determine. | 16 | | (5) Whenever the Department is to release any inmate | 17 | | earlier than it
otherwise would because of a grant of | 18 | | sentence credit for good conduct under paragraph (3) of | 19 | | subsection (a) of this Section given at any time during the | 20 | | term, the Department shall give
reasonable notice of the | 21 | | impending release not less than 14 days prior to the date | 22 | | of the release to the State's
Attorney of the county where | 23 | | the prosecution of the inmate took place, and if | 24 | | applicable, the State's Attorney of the county into which | 25 | | the inmate will be released. The Department must also make | 26 | | identification information and a recent photo of the inmate |
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| 1 | | being released accessible on the Internet by means of a | 2 | | hyperlink labeled "Community Notification of Inmate Early | 3 | | Release" on the Department's World Wide Web homepage.
The | 4 | | 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
| 14 | | several convictions, with separate sentences, the sentences
| 15 | | shall be construed under Section 5-8-4 in granting and
| 16 | | forfeiting of sentence credit.
| 17 | | (c) The Department shall prescribe rules and regulations
| 18 | | for revoking sentence credit, including revoking sentence | 19 | | credit awarded for good conduct under paragraph (3) of | 20 | | subsection (a) of this Section. The Department shall prescribe | 21 | | rules and regulations for suspending or reducing
the rate of | 22 | | accumulation of sentence credit for specific
rule violations, | 23 | | during imprisonment. These rules and regulations
shall provide | 24 | | that no inmate may be penalized more than one
year of sentence | 25 | | credit for any one infraction.
| 26 | | When the Department seeks to revoke, suspend or reduce
the |
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| 1 | | rate of accumulation of any sentence credits for
an alleged | 2 | | infraction of its rules, it shall bring charges
therefor | 3 | | against the prisoner sought to be so deprived of
sentence | 4 | | credits before the Prisoner Review Board as
provided in | 5 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 6 | | amount of credit at issue exceeds 30 days or
when during any 12 | 7 | | month period, the cumulative amount of
credit revoked exceeds | 8 | | 30 days except where the infraction is committed
or discovered | 9 | | within 60 days of scheduled release. In those cases,
the | 10 | | Department of Corrections may revoke up to 30 days of sentence | 11 | | credit.
The Board may subsequently approve the revocation of | 12 | | additional sentence credit, if the Department seeks to revoke | 13 | | sentence credit in
excess of 30 days. However, the Board shall | 14 | | not be empowered to review the
Department's decision with | 15 | | respect to the loss of 30 days of sentence
credit within any | 16 | | calendar year for any prisoner or to increase any penalty
| 17 | | beyond the length requested by the Department.
| 18 | | The Prisoner Review Board in making its determination for | 19 | | revocation of sentence credits under paragraph (4) of | 20 | | subsection (a) of Section 3-3-2 of this Code for a violation of | 21 | | Department rules occurring on or after the effective date of | 22 | | this amendatory Act of the 99th General Assembly, shall analyze | 23 | | the person's offense using the depravity standard or other | 24 | | similarly standardized instrument which is based on specific | 25 | | characteristics of the crime and shall consider the score as | 26 | | part of its evaluation. No specific score shall be considered |
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| 1 | | as determinative and the evaluation shall be considered in | 2 | | tandem with any risk assessment tool which may be used. | 3 | | The Director of the Department of Corrections, in | 4 | | appropriate cases, may
restore up to 30 days of sentence | 5 | | credits which have been revoked, suspended
or reduced. Any | 6 | | restoration of sentence credits in excess of 30 days shall
be | 7 | | subject to review by the Prisoner Review Board. However, the | 8 | | Board may not
restore sentence credit in excess of the amount | 9 | | requested by the Director.
| 10 | | Nothing contained in this Section shall prohibit the | 11 | | Prisoner Review Board
from ordering, pursuant to Section | 12 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 13 | | sentence imposed by the court that was not served due to the
| 14 | | accumulation of sentence credit.
| 15 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 16 | | federal court
against the State, the Department of Corrections, | 17 | | or the Prisoner Review Board,
or against any of
their officers | 18 | | or employees, and the court makes a specific finding that a
| 19 | | pleading, motion, or other paper filed by the prisoner is | 20 | | frivolous, the
Department of Corrections shall conduct a | 21 | | hearing to revoke up to
180 days of sentence credit by bringing | 22 | | charges against the prisoner
sought to be deprived of the | 23 | | sentence credits before the Prisoner Review
Board as provided | 24 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 25 | | prisoner has not accumulated 180 days of sentence credit at the
| 26 | | time of the finding, then the Prisoner Review Board may revoke |
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| 1 | | all
sentence credit accumulated by the prisoner.
| 2 | | For purposes of this subsection (d):
| 3 | | (1) "Frivolous" means that a pleading, motion, or other | 4 | | filing which
purports to be a legal document filed by a | 5 | | prisoner in his or her lawsuit meets
any or all of the | 6 | | following criteria:
| 7 | | (A) it lacks an arguable basis either in law or in | 8 | | fact;
| 9 | | (B) it is being presented for any improper purpose, | 10 | | such as to harass or
to cause unnecessary delay or | 11 | | needless increase in the cost of litigation;
| 12 | | (C) the claims, defenses, and other legal | 13 | | contentions therein are not
warranted by existing law | 14 | | or by a nonfrivolous argument for the extension,
| 15 | | modification, or reversal of existing law or the | 16 | | establishment of new law;
| 17 | | (D) the allegations and other factual contentions | 18 | | do not have
evidentiary
support or, if specifically so | 19 | | identified, are not likely to have evidentiary
support | 20 | | after a reasonable opportunity for further | 21 | | investigation or discovery;
or
| 22 | | (E) the denials of factual contentions are not | 23 | | warranted on the
evidence, or if specifically so | 24 | | identified, are not reasonably based on a lack
of | 25 | | information or belief.
| 26 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
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| 1 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 2 | | action under
Article X of the Code of Civil Procedure or | 3 | | under federal law (28 U.S.C. 2254),
a petition for claim | 4 | | under the Court of Claims Act, an action under the
federal | 5 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 6 | | subsequent petition for post-conviction relief under | 7 | | Article 122 of the Code of Criminal Procedure of 1963 | 8 | | whether filed with or without leave of court or a second or | 9 | | subsequent petition for relief from judgment under Section | 10 | | 2-1401 of the Code of Civil Procedure.
| 11 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 12 | | validity of Public Act 89-404.
| 13 | | (f) Whenever the Department is to release any inmate who | 14 | | has been convicted of a violation of an order of protection | 15 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, earlier than it
otherwise would | 17 | | because of a grant of sentence credit, the Department, as a | 18 | | condition of release, shall require that the person, upon | 19 | | release, be placed under electronic surveillance as provided in | 20 | | Section 5-8A-7 of this Code. | 21 | | (Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; | 22 | | 97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | 23 | | 1-1-15 .)".
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