Illinois General Assembly - Full Text of HB0094
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Full Text of HB0094  101st General Assembly

HB0094ham001 101ST GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 3/20/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 94

2    AMENDMENT NO. ______. Amend House Bill 94 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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1        (B) compliance with the rules and regulations of the
2    Department; or
3        (C) service to the institution, service to a community,
4    or service to the State.
5    (2) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide, with respect to offenses listed in clause (i),
8(ii), or (iii) of this paragraph (2) committed on or after June
919, 1998 or with respect to the offense listed in clause (iv)
10of this paragraph (2) committed on or after June 23, 2005 (the
11effective date of Public Act 94-71) or with respect to offense
12listed in clause (vi) committed on or after June 1, 2008 (the
13effective date of Public Act 95-625) or with respect to the
14offense of being an armed habitual criminal committed on or
15after August 2, 2005 (the effective date of Public Act 94-398)
16or with respect to the offenses listed in clause (v) of this
17paragraph (2) committed on or after August 13, 2007 (the
18effective date of Public Act 95-134) or with respect to the
19offense of aggravated domestic battery committed on or after
20July 23, 2010 (the effective date of Public Act 96-1224) or
21with respect to the offense of attempt to commit terrorism
22committed on or after January 1, 2013 (the effective date of
23Public Act 97-990), the following:
24        (i) that a prisoner who is serving a term of
25    imprisonment for first degree murder or for the offense of
26    terrorism shall receive no sentence credit and shall serve

 

 

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

 

 

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

 

 

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1    methamphetamine is 100 grams or more shall receive no more
2    than 7.5 days sentence credit for each month of his or her
3    sentence of imprisonment;
4        (vi) that a prisoner serving a sentence for a second or
5    subsequent offense of luring a minor shall receive no more
6    than 4.5 days of sentence credit for each month of his or
7    her sentence of imprisonment; and
8        (vii) that a prisoner serving a sentence for aggravated
9    domestic battery shall receive no more than 4.5 days of
10    sentence credit for each month of his or her sentence of
11    imprisonment.
12    (2.1) For all offenses, other than those enumerated in
13subdivision (a)(2)(i), (ii), or (iii) committed on or after
14June 19, 1998 or subdivision (a)(2)(iv) committed on or after
15June 23, 2005 (the effective date of Public Act 94-71) or
16subdivision (a)(2)(v) committed on or after August 13, 2007
17(the effective date of Public Act 95-134) or subdivision
18(a)(2)(vi) committed on or after June 1, 2008 (the effective
19date of Public Act 95-625) or subdivision (a)(2)(vii) committed
20on or after July 23, 2010 (the effective date of Public Act
2196-1224), and other than the offense of aggravated driving
22under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds, or any combination thereof
24as defined in subparagraph (F) of paragraph (1) of subsection
25(d) of Section 11-501 of the Illinois Vehicle Code, and other
26than the offense of aggravated driving under the influence of

 

 

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1alcohol, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof as defined in
3subparagraph (C) of paragraph (1) of subsection (d) of Section
411-501 of the Illinois Vehicle Code committed on or after
5January 1, 2011 (the effective date of Public Act 96-1230), the
6rules and regulations shall provide that a prisoner who is
7serving a term of imprisonment shall receive one day of
8sentence credit for each day of his or her sentence of
9imprisonment or recommitment under Section 3-3-9. Each day of
10sentence credit shall reduce by one day the prisoner's period
11of imprisonment or recommitment under Section 3-3-9.
12    (2.2) A prisoner serving a term of natural life
13imprisonment or a prisoner who has been sentenced to death
14shall receive no sentence credit.
15    (2.3) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide that a prisoner who is serving a sentence for
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof as defined in subparagraph (F) of paragraph
21(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
22Code, shall receive no more than 4.5 days of sentence credit
23for each month of his or her sentence of imprisonment.
24    (2.4) Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations on sentence credit
26shall provide with respect to the offenses of aggravated

 

 

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1battery with a machine gun or a firearm equipped with any
2device or attachment designed or used for silencing the report
3of a firearm or aggravated discharge of a machine gun or a
4firearm equipped with any device or attachment designed or used
5for silencing the report of a firearm, committed on or after
6July 15, 1999 (the effective date of Public Act 91-121), that a
7prisoner serving a sentence for any of these offenses shall
8receive no more than 4.5 days of sentence credit for each month
9of his or her sentence of imprisonment.
10    (2.5) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated arson committed on or after July 27, 2001 (the
14effective date of Public Act 92-176) shall receive no more than
154.5 days of sentence credit for each month of his or her
16sentence of imprisonment.
17    (2.6) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide that a prisoner who is serving a sentence for
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds or any
22combination thereof as defined in subparagraph (C) of paragraph
23(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
24Code committed on or after January 1, 2011 (the effective date
25of Public Act 96-1230) shall receive no more than 4.5 days of
26sentence credit for each month of his or her sentence of

 

 

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1imprisonment.
2    (3) In addition to the sentence credits earned under
3paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
4the rules and regulations shall also provide that the Director
5may award up to 180 days of earned sentence credit for good
6conduct in specific instances as the Director deems proper. The
7good conduct may include, but is not limited to, compliance
8with the rules and regulations of the Department, service to
9the Department, service to a community, or service to the
10State.
11    Eligible inmates for an award of earned sentence credit
12under this paragraph (3) may be selected to receive the credit
13at the Director's or his or her designee's sole discretion.
14Eligibility for the additional earned sentence credit under
15this paragraph (3) shall be based on, but is not limited to,
16the results of any available risk/needs assessment or other
17relevant assessments or evaluations administered by the
18Department using a validated instrument, the circumstances of
19the crime, any history of conviction for a forcible felony
20enumerated in Section 2-8 of the Criminal Code of 2012, the
21inmate's behavior and disciplinary history while incarcerated,
22and the inmate's commitment to rehabilitation, including
23participation in programming offered by the Department.
24    The Director shall not award sentence credit under this
25paragraph (3) to an inmate unless the inmate has served a
26minimum of 60 days of the sentence; except nothing in this

 

 

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1paragraph shall be construed to permit the Director to extend
2an inmate's sentence beyond that which was imposed by the
3court. Prior to awarding credit under this paragraph (3), the
4Director shall make a written determination that the inmate:
5        (A) is eligible for the earned sentence credit;
6        (B) has served a minimum of 60 days, or as close to 60
7    days as the sentence will allow;
8        (B-1) has received a risk/needs assessment or other
9    relevant evaluation or assessment administered by the
10    Department using a validated instrument; and
11        (C) has met the eligibility criteria established by
12    rule for earned sentence credit.
13    The Director shall determine the form and content of the
14written determination required in this subsection.
15    (3.5) The Department shall provide annual written reports
16to the Governor and the General Assembly on the award of earned
17sentence credit no later than February 1 of each year. The
18Department must publish both reports on its website within 48
19hours of transmitting the reports to the Governor and the
20General Assembly. The reports must include:
21        (A) the number of inmates awarded earned sentence
22    credit;
23        (B) the average amount of earned sentence credit
24    awarded;
25        (C) the holding offenses of inmates awarded earned
26    sentence credit; and

 

 

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1        (D) the number of earned sentence credit revocations.
2    (4) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that the sentence credit accumulated and retained under
5paragraph (2.1) of subsection (a) of this Section by any inmate
6during specific periods of time in which such inmate is engaged
7full-time in substance abuse programs, correctional industry
8assignments, educational programs, behavior modification
9programs, life skills courses, or re-entry planning provided by
10the Department under this paragraph (4) and satisfactorily
11completes the assigned program as determined by the standards
12of the Department, shall be multiplied by a factor of 1.25 for
13program participation before August 11, 1993 and 1.50 for
14program participation on or after that date. The rules and
15regulations shall also provide that sentence credit, subject to
16the same offense limits and multiplier provided in this
17paragraph, may be provided to an inmate who was held in
18pre-trial detention prior to his or her current commitment to
19the Department of Corrections and successfully completed a
20full-time, 60-day or longer substance abuse program,
21educational program, behavior modification program, life
22skills course, or re-entry planning provided by the county
23department of corrections or county jail. Calculation of this
24county program credit shall be done at sentencing as provided
25in Section 5-4.5-100 of this Code and shall be included in the
26sentencing order. However, no inmate shall be eligible for the

 

 

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1additional sentence credit under this paragraph (4) or (4.1) of
2this subsection (a) while assigned to a boot camp or electronic
3detention.
4    Except as provided in paragraph (4.7) of this subsection
5(a), all inmates shall be eligible to receive sentence credits
6under this paragraph (4). Any inmate currently serving a
7sentence for an offense committed prior to June 19, 1998 shall
8receive the sentence credit under this paragraph (4) if the
9inmate satisfactorily completes an assigned program as
10determined by the standards of the Department. All inmates
11serving a sentence for an offense committed prior to June 19,
121998 who were not provided sentence credit under this paragraph
13(4) prior to the effective date of this amendatory Act of the
14101st General Assembly shall be provided with sentence credit
15under this paragraph (4) if the inmate engaged full-time in any
16substance abuse programs, correctional industry assignments,
17educational programs, behavior modification programs, life
18skills courses, or re-entry planning provided by the Department
19under this paragraph (4) and satisfactorily completed the
20assigned program as determined by the standards of the
21Department prior to the effective date of this amendatory Act
22of the 101st General Assembly. The Department shall not apply
23sentence credit under this paragraph (4) to current sentence
24for participating in programming under this paragraph (4)
25during a prior term of imprisonment served within the
26Department. If the inmate has been convicted of a sex offense

 

 

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1as defined in Section 2 of the Sex Offender Registration Act,
2sentence credits under this paragraph (4) shall be awarded by
3the Department only if the conditions set forth in paragraph
4(4.6) of subsection (a) are satisfied.
5    Educational, vocational, substance abuse, behavior
6modification programs, life skills courses, re-entry planning,
7and correctional industry programs under which sentence credit
8may be increased under this paragraph (4) and paragraph (4.1)
9of this subsection (a) shall be evaluated by the Department on
10the basis of documented standards. The Department shall report
11the results of these evaluations to the Governor and the
12General Assembly by September 30th of each year. The reports
13shall include data relating to the recidivism rate among
14program participants.
15    Availability of these programs shall be subject to the
16limits of fiscal resources appropriated by the General Assembly
17for these purposes. Eligible inmates who are denied immediate
18admission shall be placed on a waiting list under criteria
19established by the Department. The inability of any inmate to
20become engaged in any such programs by reason of insufficient
21program resources or for any other reason established under the
22rules and regulations of the Department shall not be deemed a
23cause of action under which the Department or any employee or
24agent of the Department shall be liable for damages to the
25inmate.
26    (4.1) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations shall also provide
2that an additional 90 days of sentence credit shall be awarded
3to any prisoner who passes high school equivalency testing
4while the prisoner is committed to the Department of
5Corrections. The sentence credit awarded under this paragraph
6(4.1) shall be in addition to, and shall not affect, the award
7of sentence credit under any other paragraph of this Section,
8but shall also be pursuant to the guidelines and restrictions
9set forth in paragraph (4) of subsection (a) of this Section.
10The sentence credit provided for in this paragraph shall be
11available only to those prisoners who have not previously
12earned a high school diploma or a high school equivalency
13certificate. If, after an award of the high school equivalency
14testing sentence credit has been made, the Department
15determines that the prisoner was not eligible, then the award
16shall be revoked. The Department may also award 90 days of
17sentence credit to any committed person who passed high school
18equivalency testing while he or she was held in pre-trial
19detention prior to the current commitment to the Department of
20Corrections.
21    Except as provided in paragraph (4.7) of this subsection
22(a), the rules and regulations shall provide that an additional
23180 days of sentence credit shall be awarded to any prisoner
24who obtains a bachelor's degree while the prisoner is committed
25to the Department of Corrections, regardless of the date that
26the bachelor's degree was obtained, including if prior to the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly. The sentence credit awarded under this paragraph
3(4.1) shall be in addition to, and shall not affect, the award
4of sentence credit under any other paragraph of this Section,
5but shall also be under the guidelines and restrictions set
6forth in paragraph (4) of subsection (a) of this Section. The
7sentence credit provided for in this paragraph (4.1) shall be
8available only to those prisoners who have not previously
9earned a bachelor's degree prior to the current commitment to
10the Department of Corrections. If, after an award of the
11bachelor's degree sentence credit has been made and 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 additional
20180 days of sentence credit shall be awarded to any prisoner
21who obtains a master's or professional degree while the
22prisoner is committed to the Department of Corrections,
23regardless of the date that the master's or professional degree
24was obtained, including if prior to the effective date of this
25amendatory Act of the 101st General Assembly. The sentence
26credit awarded under this paragraph (4.1) shall be in addition

 

 

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1to, and shall not affect, the award of sentence credit under
2any other paragraph of this Section, but shall also be under
3the guidelines and restrictions set forth in paragraph (4) of
4subsection (a) of this Section. The sentence credit provided
5for in this paragraph shall be available only to those
6prisoners who have not previously earned a master's or
7professional degree prior to the current commitment to the
8Department of Corrections. If, after an award of the master's
9or professional degree sentence credit has been made and the
10Department determines that the prisoner was not eligible, then
11the award shall be revoked. The Department may also award 180
12days of sentence credit to any committed person who earned a
13master's or professional degree while he or she was held in
14pre-trial detention prior to the current commitment to the
15Department of Corrections.
16    (4.5) The rules and regulations on sentence credit shall
17also provide that when the court's sentencing order recommends
18a prisoner for substance abuse treatment and the crime was
19committed on or after September 1, 2003 (the effective date of
20Public Act 93-354), the prisoner shall receive no sentence
21credit awarded under clause (3) of this subsection (a) unless
22he or she participates in and completes a substance abuse
23treatment program. The Director may waive the requirement to
24participate in or complete a substance abuse treatment program
25in specific instances if the prisoner is not a good candidate
26for a substance abuse treatment program for medical,

 

 

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1programming, or operational reasons. Availability of substance
2abuse treatment shall be subject to the limits of fiscal
3resources appropriated by the General Assembly for these
4purposes. If treatment is not available and the requirement to
5participate and complete the treatment has not been waived by
6the Director, the prisoner shall be placed on a waiting list
7under criteria established by the Department. The Director may
8allow a prisoner placed on a waiting list to participate in and
9complete a substance abuse education class or attend substance
10abuse self-help meetings in lieu of a substance abuse treatment
11program. A prisoner on a waiting list who is not placed in a
12substance abuse program prior to release may be eligible for a
13waiver and receive sentence credit under clause (3) of this
14subsection (a) at the discretion of the Director.
15    (4.6) The rules and regulations on sentence credit shall
16also provide that a prisoner who has been convicted of a sex
17offense as defined in Section 2 of the Sex Offender
18Registration Act shall receive no sentence credit unless he or
19she either has successfully completed or is participating in
20sex offender treatment as defined by the Sex Offender
21Management Board. However, prisoners who are waiting to receive
22treatment, but who are unable to do so due solely to the lack
23of resources on the part of the Department, may, at the
24Director's sole discretion, be awarded sentence credit at a
25rate as the Director shall determine.
26    (4.7) On or after the effective date of this amendatory Act

 

 

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1of the 100th General Assembly, sentence credit under paragraph
2(3), (4), or (4.1) of this subsection (a) may be awarded to a
3prisoner who is serving a sentence for an offense described in
4paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
5on or after the effective date of this amendatory Act of the
6100th General Assembly; provided, the award of the credits
7under this paragraph (4.7) shall not reduce the sentence of the
8prisoner to less than the following amounts:
9        (i) 85% of his or her sentence if the prisoner is
10    required to serve 85% of his or her sentence; or
11        (ii) 60% of his or her sentence if the prisoner is
12    required to serve 75% of his or her sentence, except if the
13    prisoner is serving a sentence for gunrunning his or her
14    sentence shall not be reduced to less than 75%; or .
15        (iii) 100% of his or her sentence if the prisoner is
16    required to serve 100% of his or her sentence.
17    This paragraph (4.7) shall not apply to a prisoner serving
18a sentence for an offense described in subparagraph (i) of
19paragraph (2) of this subsection (a).
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 shall
24give reasonable notice of the impending release not less than
2514 days prior to the date of the release to the State's
26Attorney of the county where the prosecution of the inmate took

 

 

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1place, and if applicable, the State's Attorney of the county
2into which the inmate will be released. The Department must
3also make identification information and a recent photo of the
4inmate being released accessible on the Internet by means of a
5hyperlink labeled "Community Notification of Inmate Early
6Release" on the Department's World Wide Web homepage. The
7identification information shall include the inmate's: name,
8any known alias, date of birth, physical characteristics,
9commitment offense and county where conviction was imposed. The
10identification information shall be placed on the website
11within 3 days of the inmate's release and the information may
12not be removed until either: completion of the first year of
13mandatory supervised release or return of the inmate to custody
14of 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) The Department shall prescribe rules and regulations
20for revoking sentence credit, including revoking sentence
21credit awarded under paragraph (3) of subsection (a) of this
22Section. The Department shall prescribe rules and regulations
23for suspending or reducing the rate of accumulation of sentence
24credit for specific rule violations, during imprisonment.
25These rules and regulations shall provide that no inmate may be
26penalized more than one year of sentence credit for any one

 

 

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1infraction.
2    When the Department seeks to revoke, suspend or reduce the
3rate of accumulation of any sentence credits for an alleged
4infraction of its rules, it shall bring charges therefor
5against the prisoner sought to be so deprived of sentence
6credits before the Prisoner Review Board as provided in
7subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8amount of credit at issue exceeds 30 days or when during any 12
9month period, the cumulative amount of credit revoked exceeds
1030 days except where the infraction is committed or discovered
11within 60 days of scheduled release. In those cases, the
12Department of Corrections may revoke up to 30 days of sentence
13credit. The Board may subsequently approve the revocation of
14additional sentence credit, if the Department seeks to revoke
15sentence credit in excess of 30 days. However, the Board shall
16not be empowered to review the Department's decision with
17respect to the loss of 30 days of sentence credit within any
18calendar year for any prisoner or to increase any penalty
19beyond the length requested by the Department.
20    The Director of the Department of Corrections, in
21appropriate cases, may restore up to 30 days of sentence
22credits which have been revoked, suspended or reduced. Any
23restoration of sentence credits in excess of 30 days shall be
24subject to review by the Prisoner Review Board. However, the
25Board may not restore sentence credit in excess of the amount
26requested by the Director.

 

 

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1    Nothing contained in this Section shall prohibit the
2Prisoner Review Board from ordering, pursuant to Section
33-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
4sentence imposed by the court that was not served due to the
5accumulation of sentence credit.
6    (d) If a lawsuit is filed by a prisoner in an Illinois or
7federal court against the State, the Department of Corrections,
8or the Prisoner Review Board, or against any of their officers
9or employees, and the court makes a specific finding that a
10pleading, motion, or other paper filed by the prisoner is
11frivolous, the Department of Corrections shall conduct a
12hearing to revoke up to 180 days of sentence credit by bringing
13charges against the prisoner sought to be deprived of the
14sentence credits before the Prisoner Review Board as provided
15in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
16prisoner has not accumulated 180 days of sentence credit at the
17time of the finding, then the Prisoner Review Board may revoke
18all sentence credit accumulated by the prisoner.
19    For purposes of this subsection (d):
20        (1) "Frivolous" means that a pleading, motion, or other
21    filing which purports to be a legal document filed by a
22    prisoner in his or her lawsuit meets any or all of the
23    following criteria:
24            (A) it lacks an arguable basis either in law or in
25        fact;
26            (B) it is being presented for any improper purpose,

 

 

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1        such as to harass or to cause unnecessary delay or
2        needless increase in the cost of litigation;
3            (C) the claims, defenses, and other legal
4        contentions therein are not warranted by existing law
5        or by a nonfrivolous argument for the extension,
6        modification, or reversal of existing law or the
7        establishment of new law;
8            (D) the allegations and other factual contentions
9        do not have evidentiary support or, if specifically so
10        identified, are not likely to have evidentiary support
11        after a reasonable opportunity for further
12        investigation or discovery; or
13            (E) the denials of factual contentions are not
14        warranted on the evidence, or if specifically so
15        identified, are not reasonably based on a lack of
16        information or belief.
17        (2) "Lawsuit" means a motion pursuant to Section 116-3
18    of the Code of Criminal Procedure of 1963, a habeas corpus
19    action under Article X of the Code of Civil Procedure or
20    under federal law (28 U.S.C. 2254), a petition for claim
21    under the Court of Claims Act, an action under the federal
22    Civil Rights Act (42 U.S.C. 1983), or a second or
23    subsequent petition for post-conviction relief under
24    Article 122 of the Code of Criminal Procedure of 1963
25    whether filed with or without leave of court or a second or
26    subsequent petition for relief from judgment under Section

 

 

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1    2-1401 of the Code of Civil Procedure.
2    (e) Nothing in Public Act 90-592 or 90-593 affects the
3validity of Public Act 89-404.
4    (f) Whenever the Department is to release any inmate who
5has been convicted of a violation of an order of protection
6under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
7the Criminal Code of 2012, earlier than it otherwise would
8because of a grant of sentence credit, the Department, as a
9condition of release, shall require that the person, upon
10release, be placed under electronic surveillance as provided in
11Section 5-8A-7 of this Code.
12(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
13eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575,
14eff. 1-8-18.)".