(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and responsibilities which are
otherwise provided by law, the Department shall have the following powers:
(a) To accept persons committed to it by the courts |
| of this State for care, custody, treatment, and rehabilitation, and to accept federal prisoners and noncitizens over whom the Office of the Federal Detention Trustee is authorized to exercise the federal detention function for limited purposes and periods of time.
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(b) To develop and maintain reception and evaluation
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| units for purposes of analyzing the custody and rehabilitation needs of persons committed to it and to assign such persons to institutions and programs under its control or transfer them to other appropriate agencies. In consultation with the Department of Alcoholism and Substance Abuse (now the Department of Human Services), the Department of Corrections shall develop a master plan for the screening and evaluation of persons committed to its custody who have alcohol or drug abuse problems, and for making appropriate treatment available to such persons; the Department shall report to the General Assembly on such plan not later than April 1, 1987. The maintenance and implementation of such plan shall be contingent upon the availability of funds.
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(b-1) To create and implement, on January 1, 2002, a
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| pilot program to establish the effectiveness of pupillometer technology (the measurement of the pupil's reaction to light) as an alternative to a urine test for purposes of screening and evaluating persons committed to its custody who have alcohol or drug problems. The pilot program shall require the pupillometer technology to be used in at least one Department of Corrections facility. The Director may expand the pilot program to include an additional facility or facilities as he or she deems appropriate. A minimum of 4,000 tests shall be included in the pilot program. The Department must report to the General Assembly on the effectiveness of the program by January 1, 2003.
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(b-5) To develop, in consultation with the Illinois
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| State Police, a program for tracking and evaluating each inmate from commitment through release for recording his or her gang affiliations, activities, or ranks.
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(c) To maintain and administer all State correctional
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| institutions and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new institutions and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the State Penitentiary System. The Department of Juvenile Justice shall maintain and administer all State youth centers pursuant to subsection (d) of Section 3-2.5-20.
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Pursuant to its power to establish new institutions
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| and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling, or conversion of a structure to be leased to the Department of Corrections for the purposes of its serving as a correctional institution or facility. Such construction, remodeling, or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
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Upon receipt of the bids, the Department may certify
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| one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
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(c-5) To build and maintain regional juvenile
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| detention centers and to charge a per diem to the counties as established by the Department to defray the costs of housing each minor in a center. In this subsection (c-5), "juvenile detention center" means a facility to house minors during pendency of trial who have been transferred from proceedings under the Juvenile Court Act of 1987 to prosecutions under the criminal laws of this State in accordance with Section 5-805 of the Juvenile Court Act of 1987, whether the transfer was by operation of law or permissive under that Section. The Department shall designate the counties to be served by each regional juvenile detention center.
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(d) To develop and maintain programs of control,
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| rehabilitation, and employment of committed persons within its institutions.
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(d-5) To provide a pre-release job preparation
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| program for inmates at Illinois adult correctional centers.
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(d-10) To provide educational and visitation
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| opportunities to committed persons within its institutions through temporary access to content-controlled tablets that may be provided as a privilege to committed persons to induce or reward compliance.
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(e) To establish a system of supervision and guidance
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| of committed persons in the community.
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(f) To establish in cooperation with the Department
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| of Transportation to supply a sufficient number of prisoners for use by the Department of Transportation to clean up the trash and garbage along State, county, township, or municipal highways as designated by the Department of Transportation. The Department of Corrections, at the request of the Department of Transportation, shall furnish such prisoners at least annually for a period to be agreed upon between the Director of Corrections and the Secretary of Transportation. The prisoners used on this program shall be selected by the Director of Corrections on whatever basis he deems proper in consideration of their term, behavior and earned eligibility to participate in such program - where they will be outside of the prison facility but still in the custody of the Department of Corrections. Prisoners convicted of first degree murder, or a Class X felony, or armed violence, or aggravated kidnapping, or criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, or forcible detention, or arson, or a prisoner adjudged a Habitual Criminal shall not be eligible for selection to participate in such program. The prisoners shall remain as prisoners in the custody of the Department of Corrections and such Department shall furnish whatever security is necessary. The Department of Transportation shall furnish trucks and equipment for the highway cleanup program and personnel to supervise and direct the program. Neither the Department of Corrections nor the Department of Transportation shall replace any regular employee with a prisoner.
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(g) To maintain records of persons committed to it
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| and to establish programs of research, statistics, and planning.
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(h) To investigate the grievances of any person
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| committed to the Department and to inquire into any alleged misconduct by employees or committed persons; and for these purposes it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it; to also investigate alleged violations of a parolee's or releasee's conditions of parole or release; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of documents only if there is reason to believe that such procedures would provide evidence that such violations have occurred.
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If any person fails to obey a subpoena issued under
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| this subsection, the Director may apply to any circuit court to secure compliance with the subpoena. The failure to comply with the order of the court issued in response thereto shall be punishable as contempt of court.
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(i) To appoint and remove the chief administrative
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| officers, and administer programs of training and development of personnel of the Department. Personnel assigned by the Department to be responsible for the custody and control of committed persons or to investigate the alleged misconduct of committed persons or employees or alleged violations of a parolee's or releasee's conditions of parole shall be conservators of the peace for those purposes, and shall have the full power of peace officers outside of the facilities of the Department in the protection, arrest, retaking, and reconfining of committed persons or where the exercise of such power is necessary to the investigation of such misconduct or violations. This subsection shall not apply to persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 on aftercare release.
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(j) To cooperate with other departments and agencies
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| and with local communities for the development of standards and programs for better correctional services in this State.
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(k) To administer all moneys and properties of the
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(l) To report annually to the Governor on the
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| committed persons, institutions, and programs of the Department.
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(l-5) (Blank).
(m) To make all rules and regulations and exercise
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| all powers and duties vested by law in the Department.
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(n) To establish rules and regulations for
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| administering a system of sentence credits, established in accordance with Section 3-6-3, subject to review by the Prisoner Review Board.
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(o) To administer the distribution of funds from the
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| State Treasury to reimburse counties where State penal institutions are located for the payment of assistant state's attorneys' salaries under Section 4-2001 of the Counties Code.
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(p) To exchange information with the Department of
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| Human Services and the Department of Healthcare and Family Services for the purpose of verifying living arrangements and for other purposes directly connected with the administration of this Code and the Illinois Public Aid Code.
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(q) To establish a diversion program.
The program shall provide a structured environment
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| for selected technical parole or mandatory supervised release violators and committed persons who have violated the rules governing their conduct while in work release. This program shall not apply to those persons who have committed a new offense while serving on parole or mandatory supervised release or while committed to work release.
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Elements of the program shall include, but shall not
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| be limited to, the following:
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(1) The staff of a diversion facility shall
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| provide supervision in accordance with required objectives set by the facility.
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(2) Participants shall be required to maintain
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(3) Each participant shall pay for room and board
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| at the facility on a sliding-scale basis according to the participant's income.
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(4) Each participant shall:
(A) provide restitution to victims in
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| accordance with any court order;
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(B) provide financial support to his
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(C) make appropriate payments toward any
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| other court-ordered obligations.
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(5) Each participant shall complete community
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| service in addition to employment.
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(6) Participants shall take part in such
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| counseling, educational, and other programs as the Department may deem appropriate.
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(7) Participants shall submit to drug and alcohol
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(8) The Department shall promulgate rules
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| governing the administration of the program.
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(r) To enter into intergovernmental cooperation
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| agreements under which persons in the custody of the Department may participate in a county impact incarceration program established under Section 3-6038 or 3-15003.5 of the Counties Code.
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(r-5) (Blank).
(r-10) To systematically and routinely identify with
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| respect to each streetgang active within the correctional system: (1) each active gang; (2) every existing inter-gang affiliation or alliance; and (3) the current leaders in each gang. The Department shall promptly segregate leaders from inmates who belong to their gangs and allied gangs. "Segregate" means no physical contact and, to the extent possible under the conditions and space available at the correctional facility, prohibition of visual and sound communication. For the purposes of this paragraph (r-10), "leaders" means persons who:
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(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
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| streetgang, occupy a position of organizer, supervisor, or other position of management or leadership; and
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(iii) are actively and personally engaged in
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| directing, ordering, authorizing, or requesting commission of criminal acts by others, which are punishable as a felony, in furtherance of streetgang related activity both within and outside of the Department of Corrections.
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"Streetgang", "gang", and "streetgang related" have the
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| meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(s) To operate a super-maximum security institution,
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| in order to manage and supervise inmates who are disruptive or dangerous and provide for the safety and security of the staff and the other inmates.
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(t) To monitor any unprivileged conversation or any
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| unprivileged communication, whether in person or by mail, telephone, or other means, between an inmate who, before commitment to the Department, was a member of an organized gang and any other person without the need to show cause or satisfy any other requirement of law before beginning the monitoring, except as constitutionally required. The monitoring may be by video, voice, or other method of recording or by any other means. As used in this subdivision (1)(t), "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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As used in this subdivision (1)(t), "unprivileged
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| conversation" or "unprivileged communication" means a conversation or communication that is not protected by any privilege recognized by law or by decision, rule, or order of the Illinois Supreme Court.
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(u) To establish a Women's and Children's Pre-release
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| Community Supervision Program for the purpose of providing housing and services to eligible female inmates, as determined by the Department, and their newborn and young children.
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(u-5) To issue an order, whenever a person committed
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| to the Department absconds or absents himself or herself, without authority to do so, from any facility or program to which he or she is assigned. The order shall be certified by the Director, the Supervisor of the Apprehension Unit, or any person duly designated by the Director, with the seal of the Department affixed. The order shall be directed to all sheriffs, coroners, and police officers, or to any particular person named in the order. Any order issued pursuant to this subdivision (1)(u-5) shall be sufficient warrant for the officer or person named in the order to arrest and deliver the committed person to the proper correctional officials and shall be executed the same as criminal process.
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(u-6) To appoint a point of contact person who shall
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| receive suggestions, complaints, or other requests to the Department from visitors to Department institutions or facilities and from other members of the public.
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(v) To do all other acts necessary to carry out the
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| provisions of this Chapter.
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(2) The Department of Corrections shall by January 1, 1998, consider
building and operating a correctional facility within 100 miles of a county of
over 2,000,000 inhabitants, especially a facility designed to house juvenile
participants in the impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department facilities by
a health maintenance organization, medical service corporation, or other
health care provider, the bid may only be let to a health care provider
that has obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds have an investment grade or higher rating by a bond rating
organization.
(4) When the Department lets bids for
contracts for food or commissary services to be provided to
Department facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization.
(5) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22.)
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(730 ILCS 5/3-2.5-95) Sec. 3-2.5-95. Conditions of aftercare release. (a) The conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987 shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abiding life. The conditions of every aftercare release are that the youth: (1) not violate any criminal statute of any |
| jurisdiction during the aftercare release term;
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(2) refrain from possessing a firearm or other
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(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
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| the youth at his or her home, employment, or elsewhere to the extent necessary for the agent or aftercare specialist to discharge his or her duties;
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(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
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| committed person in an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility;
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(7) report all arrests to an agent of the Department
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| as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department;
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(8) obtain permission of an agent of the Department
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| before leaving the State of Illinois;
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(9) obtain permission of an agent of the Department
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| before changing his or her residence or employment;
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(10) consent to a search of his or her person,
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| property, or residence under his or her control;
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(11) refrain from the use or possession of narcotics
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| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by an agent of the Department;
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(12) not frequent places where controlled substances
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| are illegally sold, used, distributed, or administered;
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(13) not knowingly associate with other persons on
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| parole, aftercare release, or mandatory supervised release without prior written permission of his or her aftercare specialist and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(14) provide true and accurate information, as it
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| relates to his or her adjustment in the community while on aftercare release or to his or her conduct while incarcerated, in response to inquiries by an agent of the Department;
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(15) follow any specific instructions provided by the
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| agent that are consistent with furthering conditions set and approved by the Department or by law to achieve the goals and objectives of his or her aftercare release or to protect the public; these instructions by the agent may be modified at any time, as the agent deems appropriate;
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(16) comply with the terms and conditions of an order
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| of protection issued under the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued under the Civil No Contact Order Act; or a no contact order issued under the Stalking No Contact Order Act;
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(17) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, and a sex offender treatment provider has evaluated and recommended further sex offender treatment while on aftercare release, the youth shall undergo treatment by a sex offender treatment provider or associate sex offender provider as defined in the Sex Offender Management Board Act at his or her expense based on his or her ability to pay for the treatment;
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(18) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
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(19) if convicted for an offense that would qualify
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| the offender as a sexual predator under the Sex Offender Registration Act wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the youth's aftercare release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of the offense and the offender used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the youth's aftercare release term;
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(20) if convicted for an offense that would qualify
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| the offender as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the offender and whom the offender reasonably believes to be under 18 years of age; for purposes of this paragraph (20), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the offender if the person is not: (A) the spouse, brother, or sister of the offender; (B) a descendant of the offender; (C) a first or second cousin of the offender; or (D) a step-child or adopted child of the offender;
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(21) if convicted under Section 11-6, 11-20.1,
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| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
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(22) if convicted for an offense that would qualify
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| the offender as a sex offender or sexual predator under the Sex Offender Registration Act, not possess prescription drugs for erectile dysfunction;
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(23) if convicted for an offense under Section 11-6,
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| 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses:
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(A) not access or use a computer or any other
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| device with Internet capability without the prior written approval of the Department;
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(B) submit to periodic unannounced examinations
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| of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
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(C) submit to the installation on the youth's
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| computer or device with Internet capability, at the youth's expense, of one or more hardware or software systems to monitor the Internet use; and
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(D) submit to any other appropriate restrictions
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| concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist;
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(24) if convicted of a sex offense as defined in the
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| Sex Offender Registration Act, refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
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(25) if convicted of a sex offense as defined in
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| Section 2 of the Sex Offender Registration Act that requires the youth to register as a sex offender under that Act, not knowingly use any computer scrub software on any computer that the youth uses;
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(26) if convicted of a sex offense as defined in
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| subsection (a-5) of Section 3-1-2 of this Code, unless the youth is a parent or guardian of a person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
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(27) if convicted of a violation of an order of
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| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code; and
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(28) if convicted of a violation of the
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| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
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(A) prohibited from purchasing, possessing, or
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| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
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(B) prohibited from purchasing, possessing, or
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| having under his or her control any product containing ammonium nitrate.
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(b) The Department may in addition to other conditions require that the youth:
(1) work or pursue a course of study or vocational
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(2) undergo medical or psychiatric treatment, or
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| treatment for drug addiction or alcoholism;
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(3) attend or reside in a facility established for
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| the instruction or residence of persons on probation or aftercare release;
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(4) support his or her dependents;
(5) if convicted for an offense that would qualify
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| the youth as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the youth and whom the youth reasonably believes to be under 18 years of age; for purposes of this paragraph (5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the youth if the person is: (A) the spouse, brother, or sister of the youth; (B) a descendant of the youth; (C) a first or second cousin of the youth; or (D) a step-child or adopted child of the youth;
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(6) if convicted for an offense that would qualify as
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| a sex offense as defined in the Sex Offender Registration Act:
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(A) not access or use a computer or any other
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| device with Internet capability without the prior written approval of the Department;
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(B) submit to periodic unannounced examinations
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| of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
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(C) submit to the installation on the youth's
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| computer or device with Internet capability, at the youth's offender's expense, of one or more hardware or software systems to monitor the Internet use; and
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(D) submit to any other appropriate restrictions
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| concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist; and
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(7) in addition to other conditions:
(A) reside with his or her parents or in a foster
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(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home
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(c) In addition to the conditions under subsections (a) and (b) of this Section, youths required to register as sex offenders under the Sex Offender Registration Act, upon release from the custody of the Department of Juvenile Justice, may be required by the Department to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
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(3) notify third parties of the risks that may be
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| occasioned by his or her criminal record;
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(4) obtain the approval of an agent of the Department
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| prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
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(5) not be employed or participate in any volunteer
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| activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department;
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(6) be electronically monitored for a specified
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| period of time from the date of release as determined by the Department;
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(7) refrain from entering into a designated
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| geographic area except upon terms approved in advance by an agent of the Department; these terms may include consideration of the purpose of the entry, the time of day, and others accompanying the youth;
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(8) refrain from having any contact, including
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| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department;
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(9) refrain from all contact, directly or indirectly,
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| personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department;
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(10) neither possess or have under his or her control
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| any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including, but not limited to, visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
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(11) not patronize any business providing sexually
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| stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
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(12) not reside near, visit, or be in or about parks,
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| schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department and immediately report any incidental contact with minor children to the Department;
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(13) not possess or have under his or her control
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| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department;
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(14) may be required to provide a written daily log
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| of activities if directed by an agent of the Department;
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(15) comply with all other special conditions that
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| the Department may impose that restrict the youth from high-risk situations and limit access to potential victims;
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(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
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| Department before driving alone in a motor vehicle.
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(d) The conditions under which the aftercare release is to be served shall be communicated to the youth in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection if one had been issued by the criminal court, shall be retained by the youth and another copy forwarded to the officer or aftercare specialist in charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release.
(f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon their release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After February 1, 1978 (the effective date of Public Act 81-1099), the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel |
| of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;
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|
(2) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak. Their comments shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;
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(3) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after February 1, 1978 (the effective date of Public Act 81-1099);
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(3.5) hear by at least one member and through a panel
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| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
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|
(3.6) hear by at least one member and through a panel
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| of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;
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|
(4) hear by at least one member and through a panel
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| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;
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(5) hear by at least one member and through a panel
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| of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;
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(6) hear by at least one member and through a panel
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| of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
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(6.5) hear by at least one member who is qualified in
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| the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;
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(6.6) hear by at least a quorum of the Prisoner
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| Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;
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(7) comply with the requirements of the Open Parole
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|
(8) hear by at least one member and, through a panel
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| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;
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(9) hear by at least 3 members, and, through a panel
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| of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;
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(10) upon a petition by a person who has been
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| convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for sealing:
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|
(A) until 5 years have elapsed since the
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| expiration of his or her sentence;
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|
(B) until 5 years have elapsed since any arrests
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| or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;
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|
(C) if convicted of a violation of the Cannabis
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| Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;
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(D) if convicted of:
(i) a sex offense described in Article 11 or
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| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
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|
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
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| 1961 or the Criminal Code of 2012 involving a firearm;
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|
(viii) driving while under the influence of
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| alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
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(ix) aggravated driving while under the
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| influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or
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(x) any crime defined as a crime of violence
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| under Section 2 of the Crime Victims Compensation Act.
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|
If a person has applied to the Board for a
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| certificate of eligibility for sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.
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|
The decision to issue or refrain from issuing a
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| certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
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The Board may only authorize the sealing of Class 3
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| and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and
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(11) upon a petition by a person who after having
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| been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for expungement:
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(A) if convicted of:
(i) a sex offense described in Article 11 or
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| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;
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|
(ii) an offense under the Criminal Code of
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| 1961 or Criminal Code of 2012 involving a firearm; or
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|
(iii) a crime of violence as defined in
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| Section 2 of the Crime Victims Compensation Act; or
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|
(B) if the person has not served in the United
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| States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.
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|
If a person has applied to the Board for a
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| certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
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(a-5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490). Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his or her parole, aftercare release, or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his or her
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mail addressed to the person at his or her last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) (Text of Section before amendment by P.A. 103-271) Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any |
| jurisdiction during the parole or release term;
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|
(2) refrain from possessing a firearm or other
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|
(3) report to an agent of the Department of
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|
(4) permit the agent to visit him or her at his or
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| her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
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|
(5) attend or reside in a facility established for
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| the instruction or residence of persons on parole or mandatory supervised release;
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|
(6) secure permission before visiting or writing a
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| committed person in an Illinois Department of Corrections facility;
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|
(7) report all arrests to an agent of the Department
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| of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
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|
(7.5) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
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|
(7.6) if convicted of a sex offense as defined in the
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| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
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|
(7.7) if convicted for an offense that would qualify
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| the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
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|
(7.8) if convicted for an offense committed on or
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| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.8), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
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|
(7.9) if convicted under Section 11-6, 11-20.1,
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| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
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|
(7.10) if convicted for an offense that would
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| qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
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|
(7.11) if convicted for an offense under Section
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| 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
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|
(i) not access or use a computer or any other
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| device with Internet capability without the prior written approval of the Department;
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|
(ii) submit to periodic unannounced examinations
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| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
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|
(iii) submit to the installation on the
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| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
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|
(iv) submit to any other appropriate restrictions
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| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
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|
(7.12) if convicted of a sex offense as defined in
|
| the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
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|
(7.13) if convicted of a sex offense as defined in
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| Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
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|
(8) obtain permission of an agent of the Department
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| of Corrections before leaving the State of Illinois;
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|
(9) obtain permission of an agent of the Department
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| of Corrections before changing his or her residence or employment;
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|
(10) consent to a search of his or her person,
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| property, or residence under his or her control;
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|
(11) refrain from the use or possession of narcotics
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| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections;
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|
(12) not knowingly frequent places where controlled
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| substances are illegally sold, used, distributed, or administered;
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|
(13) except when the association described in either
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| subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
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|
(A) not knowingly associate with other persons on
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| parole or mandatory supervised release without prior written permission of his or her parole agent; or
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|
(B) not knowingly associate with persons who are
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| members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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|
(14) provide true and accurate information, as it
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| relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
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|
(15) follow any specific instructions provided by the
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| parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
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|
(16) if convicted of a sex offense as defined in
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| subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
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|
(17) if convicted of a violation of an order of
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| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
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|
(18) comply with the terms and conditions of an
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| order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
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|
(19) if convicted of a violation of the
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| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
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|
(A) prohibited from purchasing, possessing, or
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| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
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|
(B) prohibited from purchasing, possessing, or
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| having under his or her control any product containing ammonium nitrate;
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|
(20) if convicted of a hate crime under Section
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| 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and
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|
(21) be evaluated by the Department of Corrections
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| prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
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|
(A) All subjects found to be at a moderate or
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| high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
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|
(B) All subjects found to be at a low risk to
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| recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
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|
(b) The Board may in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
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|
(2) undergo medical or psychiatric treatment, or
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| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or parole;
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|
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
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| after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
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|
(7.6) if convicted for an offense committed on or
|
| after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent; and
|
|
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
|
|
(ii) attend school;
(iii) attend a non-residential program for youth;
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|
(iv) contribute to his or her own support at home
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|
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
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|
(3) notify third parties of the risks that
|
| may be occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
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|
(5) not be employed or participate in any
|
| volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
|
|
(6) be electronically monitored for a minimum of 12
|
| months from the date of release as determined by the Board;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
|
|
(9) refrain from all contact, directly or
|
| indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
|
|
(10) neither possess or have under his or her
|
| control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing
|
| sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about
|
| parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department of Corrections;
|
|
(15) comply with all other special conditions
|
| that the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
|
| officer before driving alone in a motor vehicle.
|
|
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
(Text of Section after amendment by P.A. 103-271)
Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any
|
| jurisdiction during the parole or release term;
|
|
(2) refrain from possessing a firearm or other
|
|
(3) report to an agent of the Department of
|
|
(4) permit the agent to visit him or her at his or
|
| her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
|
|
(5) attend or reside in a facility established for
|
| the instruction or residence of persons on parole or mandatory supervised release;
|
|
(6) secure permission before visiting or writing a
|
| committed person in an Illinois Department of Corrections facility;
|
|
(7) report all arrests to an agent of the Department
|
| of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
|
|
(7.5) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
|
|
(7.6) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
|
|
(7.7) if convicted for an offense that would qualify
|
| the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
|
|
(7.8) if convicted for an offense committed on or
|
| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.8), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.9) if convicted under Section 11-6, 11-20.1,
|
| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
|
|
(7.10) if convicted for an offense that would
|
| qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
|
|
(7.11) if convicted for an offense under Section
|
| 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
|
|
(7.12) if convicted of a sex offense as defined in
|
| the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
|
|
(7.13) if convicted of a sex offense as defined in
|
| Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
|
|
(8) obtain permission of an agent of the Department
|
| of Corrections before leaving the State of Illinois;
|
|
(9) obtain permission of an agent of the Department
|
| of Corrections before changing his or her residence or employment;
|
|
(10) consent to a search of his or her person,
|
| property, or residence under his or her control;
|
|
(11) refrain from the use or possession of narcotics
|
| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections if there is reasonable suspicion of illicit drug use and the source of the reasonable suspicion is documented in the Department's case management system;
|
|
(12) not knowingly frequent places where controlled
|
| substances are illegally sold, used, distributed, or administered;
|
|
(13) except when the association described in either
|
| subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
|
|
(A) not knowingly associate with other persons on
|
| parole or mandatory supervised release without prior written permission of his or her parole agent; or
|
|
(B) not knowingly associate with persons who are
|
| members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(14) provide true and accurate information, as it
|
| relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
|
|
(15) follow any specific instructions provided by the
|
| parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
|
|
(16) if convicted of a sex offense as defined in
|
| subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
|
|
(17) if convicted of a violation of an order of
|
| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
|
|
(18) comply with the terms and conditions of an
|
| order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
|
|
(19) if convicted of a violation of the
|
| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
|
|
(A) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
|
|
(B) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing ammonium nitrate;
|
|
(20) if convicted of a hate crime under Section
|
| 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and
|
|
(21) be evaluated by the Department of Corrections
|
| prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
|
|
(A) All subjects found to be at a moderate or
|
| high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(B) All subjects found to be at a low risk to
|
| recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
|
|
(2) undergo medical or psychiatric treatment, or
|
| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or parole;
|
|
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
|
| after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.6) if convicted for an offense committed on or
|
| after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent; and
|
|
(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
|
|
(3) notify third parties of the risks that
|
| may be occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
|
(5) not be employed or participate in any
|
| volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
|
|
(6) be electronically monitored for a minimum of 12
|
| months from the date of release as determined by the Board;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
|
|
(9) refrain from all contact, directly or
|
| indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
|
|
(10) neither possess or have under his or her
|
| control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing
|
| sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about
|
| parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department of Corrections;
|
|
(15) comply with all other special conditions
|
| that the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
|
| officer before driving alone in a motor vehicle.
|
|
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24.)
|
(730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. (1) As used in this Section, "medically |
| incapacitated" means that an inmate has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing more than one activity of daily living without assistance or that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future.
|
|
(2) As used in this Section, "terminal illness" means
|
| a condition that satisfies all of the following criteria:
|
|
(i) the condition is irreversible and incurable;
|
|
(ii) in accordance with medical standards and a
|
| reasonable degree of medical certainty, based on an individual assessment of the inmate, the condition is likely to cause death to the inmate within 18 months.
|
|
(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any inmate who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will
|
| result in medical incapacity within the next 6 months; or
|
|
(3) has become medically incapacitated subsequent to
|
| sentencing due to illness or injury.
|
|
(c) Initial application.
(1) An initial application for medical release may be
|
| filed with the Prisoner Review Board by an inmate, a prison official, a medical professional who has treated or diagnosed the inmate, or an inmate's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney. If the initial application is made by someone other than the inmate, the inmate, or if the inmate is medically unable to consent, the guardian or family member designated to represent the inmate's interests must consent to the application at the time of the institutional hearing.
|
|
(2) Application materials shall be maintained on the
|
| Prisoner Review Board's website and the Department of Corrections' website and maintained in a clearly visible place within the law library and the infirmary of every penal institution and facility operated by the Department of Corrections.
|
|
(3) The initial application need not be notarized,
|
| can be sent via email or facsimile, and must contain the following information:
|
|
(i) the inmate's name and Illinois Department of
|
|
(ii) the inmate's diagnosis;
(iii) a statement that the inmate meets one of
|
| the following diagnostic criteria:
|
|
(A) the inmate is suffering from a terminal
|
|
(B) the inmate has been diagnosed with a
|
| condition that will result in medical incapacity within the next 6 months; or
|
|
(C) the inmate has become medically
|
| incapacitated subsequent to sentencing due to illness or injury.
|
|
(4) Upon receiving the inmate's initial application,
|
| the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the inmate and create a written evaluation within ten days of the Board's order. The evaluation shall include but need not be limited to:
|
|
(i) a concise statement of the inmate's medical
|
| diagnosis, including prognosis, likelihood of recovery, and primary symptoms, to include incapacitation; and
|
|
(ii) a statement confirming or denying that the
|
| inmate meets one of the criteria stated in subsection (b) of this Section.
|
|
(d) Institutional hearing. No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. The inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act.
(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority.
(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:
(i) the inmate's diagnosis and likelihood of
|
|
(ii) the approximate cost of health care to the
|
| State should the inmate remain in custody;
|
|
(iii) the impact that the inmate's continued
|
| incarceration may have on the provision of medical care within the Department;
|
|
(iv) the present likelihood of and ability to
|
| pose a substantial danger to the physical safety of a specifically identifiable person or persons;
|
|
(v) any statements by the victim regarding
|
|
(vi) whether the inmate's condition was
|
| explicitly disclosed to the original sentencing judge and taken into account at the time of sentencing.
|
|
(g) Inmates granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
(j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program:
(1) The number of applications for medical release
|
| received by the Board in the preceding year, and information about those applications, including:
|
|
(i) demographic data about the individual,
|
| including race or ethnicity, gender, age, and institution;
|
|
(ii) the highest class of offense for which the
|
| individual is incarcerated;
|
|
(iii) the relationship of the applicant to the
|
| person completing the application;
|
|
(iv) whether the applicant had applied for
|
| medical release before and been denied, and, if so, when;
|
|
(v) whether the person applied as a person who is
|
| medically incapacitated or a person who is terminally ill; and
|
|
(vi) a basic description of the underlying
|
| medical condition that led to the application.
|
|
(2) The number of medical statements from the
|
| Department of Corrections received by the Board.
|
|
(3) The number of institutional hearings on medical
|
| release applications conducted by the Board.
|
|
(4) The number of people approved for medical
|
| release, and information about them, including:
|
|
(i) demographic data about the individual
|
| including race or ethnicity, gender, age, and zip code to which they were released;
|
|
(ii) whether the person applied as a person who
|
| is medically incapacitated or a person who is terminally ill;
|
|
(iii) a basic description of the underlying
|
| medical condition that led to the application; and
|
|
(iv) a basic description of the medical setting
|
| the person was released to.
|
|
(5) The number of people released on the medical
|
|
(6) The number of people approved for medical release
|
| who experienced more than a one-month delay between release decision and ultimate release, including:
|
|
(i) demographic data about the individuals
|
| including race or ethnicity, gender and age;
|
|
(ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying
|
| medical condition of the applying person.
|
|
(7) For those individuals released on mandatory
|
| supervised release due to a granted application for medical release:
|
|
(i) the number of individuals who were serving
|
| terms of mandatory supervised release because of medical release applications during the previous year;
|
|
(ii) the number of individuals who had their
|
| mandatory supervised release revoked; and
|
|
(iii) the number of individuals who died during
|
|
(8) Information on seriously ill individuals
|
| incarcerated at the Department of Corrections, including:
|
|
(i) the number of people currently receiving
|
| full-time one-on-one medical care or assistance with activities of daily living within Department of Corrections facilities and whether that care is provided by a medical practitioner or an inmate, along with the institutions at which they are incarcerated; and
|
|
(ii) the number of people who spent more than one
|
| month in outside hospital care during the previous year and their home institutions.
|
|
All the information provided in this report shall be provided in aggregate, and nothing shall be
construed to require the public dissemination of any personal medical information.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
(Text of Section from P.A. 103-18)
Sec. 3-5-1. Master record file.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in |
| accordance with Section 4.5 of the Criminal Identification Act and Section 2-5 of the No Representation Without Population Act;
|
|
(1.6) the committed person's last known complete
|
| street address prior to incarceration or legal residence collected in accordance with Section 2-5 of the No Representation Without Population Act;
|
|
(2) reception summary;
(3) evaluation and assignment reports and
|
|
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
|
| disposition, including tickets and Administrative Review Board action;
|
|
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
|
|
(12) any grievances filed and responses to those
|
|
(13) other information that the respective Department
|
| determines is relevant to the secure confinement and rehabilitation of the committed person.
|
|
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days. The summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, last known
|
| street address prior to incarceration or legal residence, and other identifying information;
|
|
(2) all digitally available information from the
|
|
(3) all information in the Offender 360 system on
|
| the person's criminal history;
|
|
(4) the person's complete assignment history in the
|
| Department of Corrections;
|
|
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
|
| disciplinary incidents as identified by the requester;
|
|
(7) any available records about up to 5 specific
|
| grievances filed by the person, as identified by the requester; and
|
|
(8) the records of all grievances filed on or after
|
|
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-18, eff. 1-1-24.)
(Text of Section from P.A. 103-71)
Sec. 3-5-1. Master record file.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in
|
| accordance with Section 4.5 of the Criminal Identification Act;
|
|
(2) reception summary;
(3) evaluation and assignment reports and
|
|
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
|
| disposition, including tickets and Administrative Review Board action;
|
|
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
|
|
(12) any grievances filed and responses to those
|
|
(13) other information that the respective Department
|
| determines is relevant to the secure confinement and rehabilitation of the committed person;
|
|
(14) the last known address provided by the person
|
|
(15) all medical and dental records.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days. The summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, and other
|
|
(2) all digitally available information from the
|
|
(3) all information in the Offender 360 system on
|
| the person's criminal history;
|
|
(4) the person's complete assignment history in the
|
| Department of Corrections;
|
|
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
|
| disciplinary incidents as identified by the requester;
|
|
(7) any available records about up to 5 specific
|
| grievances filed by the person, as identified by the requester; and
|
|
(8) the records of all grievances filed on or after
|
|
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(g) Subject to appropriation, on or before July 1, 2025, the Department of Corrections shall digitalize all newly committed persons' master record files who
become incarcerated and all other new information that the Department maintains concerning its correctional
institutions, facilities, and individuals incarcerated.
(h) Subject to appropriation, on or before July 1, 2027, the Department of Corrections shall digitalize all medical and dental records in the master
record files and all other information that the Department maintains concerning its correctional institutions
and facilities in relation to medical records, dental records, and medical and dental needs of committed persons.
(i) Subject to appropriation, on or before July 1, 2029, the Department of Corrections shall digitalize all information in the master record
files and all other information that the Department
maintains concerning its correctional institutions and facilities.
(j) The Department of Corrections shall adopt rules to implement subsections (g), (h), and (i) if appropriations are available to implement these provisions.
(k) Subject to appropriation, the Department of Corrections, in consultation with the Department of Innovation and Technology, shall conduct a study on the best way to digitize all Department of Corrections records and the impact of that digitizing on State agencies, including the impact on the Department of Innovation and Technology. The study shall be completed on or before January 1, 2024.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-71, eff. 6-9-23.)
(Text of Section from P.A. 103-154)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in
|
| accordance with Section 4.5 of the Criminal Identification Act;
|
|
(2) reception summary;
(3) evaluation and assignment reports and
|
|
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
|
| disposition, including tickets and Administrative Review Board action;
|
|
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
|
|
(12) any grievances filed and responses to those
|
|
(13) other information that the respective Department
|
| determines is relevant to the secure confinement and rehabilitation of the committed person.
|
|
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days. The summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, and other
|
|
(2) all digitally available information from the
|
|
(3) all information in the Offender 360 system on
|
| the person's criminal history;
|
|
(4) the person's complete assignment history in the
|
| Department of Corrections;
|
|
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
|
| disciplinary incidents as identified by the requester;
|
|
(7) any available records about up to 5 specific
|
| grievances filed by the person, as identified by the requester; and
|
|
(8) the records of all grievances filed on or after
|
|
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-154, eff. 6-30-23.)
|
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
(Text of Section from P.A. 103-51)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following: (A) successful completion of programming while in |
| custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
|
|
(B) compliance with the rules and regulations of the
|
|
(C) service to the institution, service to a
|
| community, or service to the State.
|
|
(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
committed on or after June 1, 2008 (the effective date of Public Act 95-625)
or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
|
| imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
|
|
(ii) that a prisoner serving a sentence for attempt
|
| to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(iii) that a prisoner serving a sentence for home
|
| invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(iv) that a prisoner serving a sentence for
|
| aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(v) that a person serving a sentence for gunrunning,
|
| narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
|
|
(vi) that a prisoner serving a sentence for a second
|
| or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
|
|
(vii) that a prisoner serving a sentence for
|
| aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
|
|
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under
this paragraph (3) may be selected to receive the credit at
either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to
|
| 60 days as the sentence will allow;
|
|
(B-1) has received a risk/needs assessment or other
|
| relevant evaluation or assessment administered by the Department using a validated instrument; and
|
|
(C) has met the eligibility criteria established by
|
| rule for earned sentence credit.
|
|
The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
|
|
(B) the average amount of earned sentence credit
|
|
(C) the holding offenses of inmates awarded earned
|
|
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the
|
| inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
|
|
(ii) the inmate's own testimony in the form of an
|
| affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
|
|
(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year. The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes. Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
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| required to serve 85% of his or her sentence; or
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(ii) 60% of his or her sentence if the prisoner is
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| required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
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(iii) 100% of his or her sentence if the prisoner is
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| required to serve 100% of his or her sentence.
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(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
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| other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
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(A) it lacks an arguable basis either in law or
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(B) it is being presented for any improper
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| purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal
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| contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
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(D) the allegations and other factual contentions
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| do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
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(E) the denials of factual contentions are not
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| warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
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(2) "Lawsuit" means a motion pursuant to Section
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| 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
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(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24.)
(Text of Section from P.A. 103-154)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following:
(A) successful completion of programming while in
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| custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
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(B) compliance with the rules and regulations of the
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(C) service to the institution, service to a
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| community, or service to the State.
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(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
committed on or after June 1, 2008 (the effective date of Public Act 95-625)
or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
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| imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
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(ii) that a prisoner serving a sentence for attempt
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| to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(iii) that a prisoner serving a sentence for home
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| invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(iv) that a prisoner serving a sentence for
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| aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(v) that a person serving a sentence for gunrunning,
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| narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
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(vi) that a prisoner serving a sentence for a second
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| or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
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(vii) that a prisoner serving a sentence for
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| aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
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(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment or a
prisoner who has been sentenced to death shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under
this paragraph (3) may be selected to receive the credit at
either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to
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| 60 days as the sentence will allow;
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(B-1) has received a risk/needs assessment or other
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| relevant evaluation or assessment administered by the Department using a validated instrument; and
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(C) has met the eligibility criteria established by
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| rule for earned sentence credit.
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The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
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(B) the average amount of earned sentence credit
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(C) the holding offenses of inmates awarded earned
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(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the
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| inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
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(ii) the inmate's own testimony in the form of an
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| affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
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(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year. The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes. Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
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| required to serve 85% of his or her sentence; or
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(ii) 60% of his or her sentence if the prisoner is
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| required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
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(iii) 100% of his or her sentence if the prisoner is
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| required to serve 100% of his or her sentence.
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(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
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| other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
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(A) it lacks an arguable basis either in law or
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(B) it is being presented for any improper
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| purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal
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| contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
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(D) the allegations and other factual contentions
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| do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
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(E) the denials of factual contentions are not
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| warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
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(2) "Lawsuit" means a motion pursuant to Section
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| 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
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(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-330)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following:
(A) successful completion of programming while in
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| custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
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(B) compliance with the rules and regulations of the
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(C) service to the institution, service to a
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| community, or service to the State.
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(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
committed on or after June 1, 2008 (the effective date of Public Act 95-625)
or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
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| imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
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(ii) that a prisoner serving a sentence for attempt
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| to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(iii) that a prisoner serving a sentence for home
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| invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(iv) that a prisoner serving a sentence for
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| aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
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(v) that a person serving a sentence for gunrunning,
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| narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
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(vi) that a prisoner serving a sentence for a second
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| or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
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(vii) that a prisoner serving a sentence for
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| aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
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(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment or a
prisoner who has been sentenced to death shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under
this paragraph (3) may be selected to receive the credit at
either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to
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| 60 days as the sentence will allow;
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(B-1) has received a risk/needs assessment or other
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| relevant evaluation or assessment administered by the Department using a validated instrument; and
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(C) has met the eligibility criteria established by
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| rule for earned sentence credit.
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The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
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(B) the average amount of earned sentence credit
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(C) the holding offenses of inmates awarded earned
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(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the
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| inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
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(ii) the inmate's own testimony in the form of an
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| affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
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(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
(E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021.
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year. The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes. Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652).
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
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(ii) 60% of his or her sentence if the prisoner is
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| required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
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(iii) 100% of his or her sentence if the prisoner is
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| required to serve 100% of his or her sentence.
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(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
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| other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
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(A) it lacks an arguable basis either in law or
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(B) it is being presented for any improper
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| purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal
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| contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
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(D) the allegations and other factual contentions
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(E) the denials of factual contentions are not
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| warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
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(2) "Lawsuit" means a motion pursuant to Section
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| 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
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(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-330, eff. 1-1-24.)
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