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90_HB3041eng
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Provides that a
prisoner serving sentence for second degree murder,
aggravated battery causing great bodily harm, aggravated
stalking, or aggravated criminal sexual abuse committed on or
after the effective date of the amendatory Act shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
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1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.05) The rules and regulations on early release
14 shall provide that a prisoner serving a sentence for
15 second degree murder, aggravated battery causing great
16 bodily harm, aggravated stalking, or aggravated criminal
17 sexual abuse committed on or after the effective date of
18 this amendatory Act of 1998 shall receive no more than
19 4.5 days of good conduct credit for each month of his or
20 her sentence of imprisonment.
21 (2.1) For all offenses, other than those enumerated
22 in subdivision (a)(2) committed on or after the effective
23 date of this amendatory Act of 1995, and other than those
24 enumerated in subdivision (a)(2.05) committed on or after
25 the effective date of this amendatory Act of 1998, the
26 rules and regulations shall provide that a prisoner who
27 is serving a term of imprisonment shall receive one day
28 of good conduct credit for each day of his or her
29 sentence of imprisonment or recommitment under Section
30 3-3-9. Each day of good conduct credit shall reduce by
31 one day the prisoner's period of imprisonment or
32 recommitment under Section 3-3-9.
33 (2.2) A prisoner serving a term of natural life
34 imprisonment or a prisoner who has been sentenced to
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1 death shall receive no good conduct credit.
2 (3) The rules and regulations shall also provide
3 that the Director may award up to 180 days additional
4 good conduct credit for meritorious service in specific
5 instances as the Director deems proper; except that no
6 more than 90 days of good conduct credit for meritorious
7 service shall be awarded to any prisoner who is serving a
8 sentence for conviction of first degree murder, reckless
9 homicide while under the influence of alcohol or any
10 other drug, aggravated kidnapping, kidnapping, predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, criminal sexual assault, deviate sexual
13 assault, aggravated criminal sexual abuse, aggravated
14 indecent liberties with a child, indecent liberties with
15 a child, child pornography, heinous battery, aggravated
16 battery of a spouse, aggravated battery of a spouse with
17 a firearm, stalking, aggravated stalking, aggravated
18 battery of a child, endangering the life or health of a
19 child, cruelty to a child, or narcotic racketeering.
20 Notwithstanding the foregoing, good conduct credit for
21 meritorious service shall not be awarded on a sentence of
22 imprisonment imposed for conviction of one of the
23 offenses enumerated in subdivision (a)(2) when the
24 offense is committed on or after the effective date of
25 this amendatory Act of 1995 or for conviction of one of
26 the offenses enumerated in subdivision (a)(2.05) when the
27 offense is committed on or after the effective date of
28 this amendatory Act of 1998.
29 (4) The rules and regulations shall also provide
30 that the good conduct credit accumulated and retained
31 under paragraph (2.1) of subsection (a) of this Section
32 by any inmate during specific periods of time in which
33 such inmate is engaged full-time in substance abuse
34 programs, correctional industry assignments, or
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1 educational programs provided by the Department under
2 this paragraph (4) and satisfactorily completes the
3 assigned program as determined by the standards of the
4 Department, shall be multiplied by a factor of 1.25 for
5 program participation before the effective date of this
6 amendatory Act of 1993 and 1.50 for program participation
7 on or after that date. However, no inmate shall be
8 eligible for the additional good conduct credit under
9 this paragraph (4) while assigned to a boot camp, mental
10 health unit, or electronic detention, or if convicted of
11 an offense enumerated in paragraph (a)(2) of this Section
12 that is committed on or after the effective date of this
13 amendatory Act of 1995, or if convicted of an offense
14 enumerated in paragraph (a)(2.05) of this Section that is
15 committed on or after the effective date of this
16 amendatory Act of 1998, or first degree murder, a Class X
17 felony, criminal sexual assault, felony criminal sexual
18 abuse, aggravated criminal sexual abuse, aggravated
19 battery with a firearm, or any predecessor or successor
20 offenses with the same or substantially the same
21 elements, or any inchoate offenses relating to the
22 foregoing offenses. No inmate shall be eligible for the
23 additional good conduct credit under this paragraph (4)
24 who (i) has previously received increased good conduct
25 credit under this paragraph (4) and has subsequently been
26 convicted of a felony, or (ii) has previously served more
27 than one prior sentence of imprisonment for a felony in
28 an adult correctional facility.
29 Educational, vocational, substance abuse and
30 correctional industry programs under which good conduct
31 credit may be increased under this paragraph (4) shall be
32 evaluated by the Department on the basis of documented
33 standards. The Department shall report the results of
34 these evaluations to the Governor and the General
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1 Assembly by September 30th of each year. The reports
2 shall include data relating to the recidivism rate among
3 program participants.
4 Availability of these programs shall be subject to
5 the limits of fiscal resources appropriated by the
6 General Assembly for these purposes. Eligible inmates
7 who are denied immediate admission shall be placed on a
8 waiting list under criteria established by the
9 Department. The inability of any inmate to become engaged
10 in any such programs by reason of insufficient program
11 resources or for any other reason established under the
12 rules and regulations of the Department shall not be
13 deemed a cause of action under which the Department or
14 any employee or agent of the Department shall be liable
15 for damages to the inmate.
16 (5) Whenever the Department is to release any
17 inmate earlier than it otherwise would because of a grant
18 of good conduct credit for meritorious service given at
19 any time during the term, the Department shall give
20 reasonable advance notice of the impending release to the
21 State's Attorney of the county where the prosecution of
22 the inmate took place.
23 (b) Whenever a person is or has been committed under
24 several convictions, with separate sentences, the sentences
25 shall be construed under Section 5-8-4 in granting and
26 forfeiting of good time.
27 (c) The Department shall prescribe rules and regulations
28 for revoking good conduct credit, or suspending or reducing
29 the rate of accumulation of good conduct credit for specific
30 rule violations, during imprisonment. These rules and
31 regulations shall provide that no inmate may be penalized
32 more than one year of good conduct credit for any one
33 infraction.
34 When the Department seeks to revoke, suspend or reduce
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1 the rate of accumulation of any good conduct credits for an
2 alleged infraction of its rules, it shall bring charges
3 therefor against the prisoner sought to be so deprived of
4 good conduct credits before the Prisoner Review Board as
5 provided in subparagraph (a)(4) of Section 3-3-2 of this
6 Code, if the amount of credit at issue exceeds 30 days or
7 when during any 12 month period, the cumulative amount of
8 credit revoked exceeds 30 days except where the infraction is
9 committed or discovered within 60 days of scheduled release.
10 In those cases, the Department of Corrections may revoke up
11 to 30 days of good conduct credit. The Board may subsequently
12 approve the revocation of additional good conduct credit, if
13 the Department seeks to revoke good conduct credit in excess
14 of 30 days. However, the Board shall not be empowered to
15 review the Department's decision with respect to the loss of
16 30 days of good conduct credit within any calendar year for
17 any prisoner or to increase any penalty beyond the length
18 requested by the Department.
19 The Director of the Department of Corrections, in
20 appropriate cases, may restore up to 30 days good conduct
21 credits which have been revoked, suspended or reduced. Any
22 restoration of good conduct credits in excess of 30 days
23 shall be subject to review by the Prisoner Review Board.
24 However, the Board may not restore good conduct credit in
25 excess of the amount requested by the Director.
26 Nothing contained in this Section shall prohibit the
27 Prisoner Review Board from ordering, pursuant to Section
28 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
29 the sentence imposed by the court that was not served due to
30 the accumulation of good conduct credit.
31 (d) If a lawsuit is filed by a prisoner in an Illinois
32 or federal court against the State, the Department of
33 Corrections, or the Prisoner Review Board, or against any of
34 their officers or employees, and the court makes a specific
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1 finding that a pleading, motion, or other paper filed by the
2 prisoner is frivolous, the Department of Corrections shall
3 conduct a hearing to revoke up to 180 days of good conduct
4 credit by bringing charges against the prisoner sought to be
5 deprived of the good conduct credits before the Prisoner
6 Review Board as provided in subparagraph (a)(8) of Section
7 3-3-2 of this Code. If the prisoner has not accumulated 180
8 days of good conduct credit at the time of the finding, then
9 the Prisoner Review Board may revoke all good conduct credit
10 accumulated by the prisoner.
11 For purposes of this subsection (d):
12 (1) "Frivolous" means that a pleading, motion, or
13 other filing which purports to be a legal document filed
14 by a prisoner in his or her lawsuit meets any or all of
15 the following criteria:
16 (A) it lacks an arguable basis either in law
17 or in fact;
18 (B) it is being presented for any improper
19 purpose, such as to harass or to cause unnecessary
20 delay or needless increase in the cost of
21 litigation;
22 (C) the claims, defenses, and other legal
23 contentions therein are not warranted by existing
24 law or by a nonfrivolous argument for the extension,
25 modification, or reversal of existing law or the
26 establishment of new law;
27 (D) the allegations and other factual
28 contentions do not have evidentiary support or, if
29 specifically so identified, are not likely to have
30 evidentiary support after a reasonable opportunity
31 for further investigation or discovery; or
32 (E) the denials of factual contentions are not
33 warranted on the evidence, or if specifically so
34 identified, are not reasonably based on a lack of
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1 information or belief.
2 (2) "Lawsuit" means a petition for post conviction
3 relief under Article 122 of the Code of Criminal
4 Procedure of 1963, a motion pursuant to Section 116-3 of
5 the Code of Criminal Procedure of 1963, a habeas corpus
6 action under Article X of the Code of Civil Procedure or
7 under federal law (28 U.S.C. 2254), a petition for claim
8 under the Court of Claims Act or an action under the
9 federal Civil Rights Act (42 U.S.C. 1983).
10 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
12 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
13 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
14 Sec. 5-4-1. Sentencing Hearing.
15 (a) Except when the death penalty is sought under
16 hearing procedures otherwise specified, after a determination
17 of guilt, a hearing shall be held to impose the sentence.
18 However, prior to the imposition of sentence on an individual
19 being sentenced for an offense based upon a charge for a
20 violation of Section 11-501 of the Illinois Vehicle Code or a
21 similar provision of a local ordinance, the individual must
22 undergo a professional evaluation to determine if an alcohol
23 or other drug abuse problem exists and the extent of such a
24 problem. Programs conducting these evaluations shall be
25 licensed by the Department of Human Services. However, if
26 the individual is not a resident of Illinois, the court may,
27 in its discretion, accept an evaluation from a program in the
28 state of such individual's residence. The court may in its
29 sentencing order approve an eligible defendant for placement
30 in a Department of Corrections impact incarceration program
31 as provided in Section 5-8-1.1. At the hearing the court
32 shall:
33 (1) consider the evidence, if any, received upon
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1 the trial;
2 (2) consider any presentence reports;
3 (3) consider the financial impact of incarceration
4 based on the financial impact statement filed with the
5 clerk of the court by the Department of Corrections;
6 (4) consider evidence and information offered by
7 the parties in aggravation and mitigation;
8 (5) hear arguments as to sentencing alternatives;
9 (6) afford the defendant the opportunity to make a
10 statement in his own behalf;
11 (7) afford the victim of a violent crime or a
12 violation of Section 11-501 of the Illinois Vehicle Code,
13 or a similar provision of a local ordinance, committed by
14 the defendant the opportunity to make a statement
15 concerning the impact on the victim and to offer evidence
16 in aggravation or mitigation; provided that the statement
17 and evidence offered in aggravation or mitigation must
18 first be prepared in writing in conjunction with the
19 State's Attorney before it may be presented orally at the
20 hearing. Any sworn testimony offered by the victim is
21 subject to the defendant's right to cross-examine. All
22 statements and evidence offered under this paragraph (7)
23 shall become part of the record of the court; and
24 (8) in cases of reckless homicide afford the
25 victim's spouse, guardians, parents or other immediate
26 family members an opportunity to make oral statements.
27 (b) All sentences shall be imposed by the judge based
28 upon his independent assessment of the elements specified
29 above and any agreement as to sentence reached by the
30 parties. The judge who presided at the trial or the judge
31 who accepted the plea of guilty shall impose the sentence
32 unless he is no longer sitting as a judge in that court.
33 Where the judge does not impose sentence at the same time on
34 all defendants who are convicted as a result of being
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1 involved in the same offense, the defendant or the State's
2 attorney may advise the sentencing court of the disposition
3 of any other defendants who have been sentenced.
4 (c) In imposing a sentence for a violent crime or for an
5 offense of operating or being in physical control of a
6 vehicle while under the influence of alcohol, any other drug
7 or any combination thereof, or a similar provision of a local
8 ordinance, when such offense resulted in the personal injury
9 to someone other than the defendant, the trial judge shall
10 specify on the record the particular evidence, information,
11 factors in mitigation and aggravation or other reasons that
12 led to his sentencing determination. The full verbatim record
13 of the sentencing hearing shall be filed with the clerk of
14 the court and shall be a public record.
15 (c-1) In imposing a sentence for the offense of
16 aggravated kidnapping for ransom, home invasion, armed
17 robbery, aggravated vehicular hijacking, aggravated discharge
18 of a firearm, or armed violence with a category I weapon or
19 category II weapon, the trial judge shall make a finding as
20 to whether the conduct leading to conviction for the offense
21 resulted in great bodily harm to a victim, and shall enter
22 that finding and the basis for that finding in the record.
23 (c-2) If the defendant is sentenced to prison, other
24 than when a sentence of natural life imprisonment or a
25 sentence of death is imposed, at the time the sentence is
26 imposed the judge shall state on the record in open court the
27 approximate period of time the defendant will serve in
28 custody according to the then current statutory rules and
29 regulations for early release found in Section 3-6-3 and
30 other related provisions of this Code. This statement is
31 intended solely to inform the public, has no legal effect on
32 the defendant's actual release, and may not be relied on by
33 the defendant on appeal.
34 The judge's statement, to be given after pronouncing the
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1 sentence, other than when the sentence is imposed for one of
2 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
3 shall include the following:
4 "The purpose of this statement is to inform the public of
5 the actual period of time this defendant is likely to spend
6 in prison as a result of this sentence. The actual period of
7 prison time served is determined by the statutes of Illinois
8 as applied to this sentence by the Illinois Department of
9 Corrections and the Illinois Prisoner Review Board. In this
10 case, assuming the defendant receives all of his or her good
11 conduct credit, the period of estimated actual custody is ...
12 years and ... months, less up to 180 days additional good
13 conduct credit for meritorious service. If the defendant,
14 because of his or her own misconduct or failure to comply
15 with the institutional regulations, does not receive those
16 credits, the actual time served in prison will be longer.
17 The defendant may also receive an additional one-half day
18 good conduct credit for each day of participation in
19 vocational, industry, substance abuse, and educational
20 programs as provided for by Illinois statute."
21 When the sentence is imposed for one of the offenses
22 enumerated in paragraph (a)(3) of Section 3-6-3, other than
23 when the sentence is imposed for one of the offenses
24 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
25 or after the effective date of this amendatory Act of 1995,
26 and other than when the sentence is imposed for one of the
27 offenses enumerated in paragraph (a)(2.05) of Section 3-6-3
28 committed on or after the effective date of this amendatory
29 Act of 1998, the judge's statement, to be given after
30 pronouncing the sentence, shall include the following:
31 "The purpose of this statement is to inform the public of
32 the actual period of time this defendant is likely to spend
33 in prison as a result of this sentence. The actual period of
34 prison time served is determined by the statutes of Illinois
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1 as applied to this sentence by the Illinois Department of
2 Corrections and the Illinois Prisoner Review Board. In this
3 case, assuming the defendant receives all of his or her good
4 conduct credit, the period of estimated actual custody is ...
5 years and ... months, less up to 90 days additional good
6 conduct credit for meritorious service. If the defendant,
7 because of his or her own misconduct or failure to comply
8 with the institutional regulations, does not receive those
9 credits, the actual time served in prison will be longer.
10 The defendant may also receive an additional one-half day
11 good conduct credit for each day of participation in
12 vocational, industry, substance abuse, and educational
13 programs as provided for by Illinois statute."
14 When the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(2) of Section 3-6-3, other than
16 first degree murder, and the offense was committed on or
17 after the effective date of this amendatory Act of 1995, and
18 when the sentence is imposed for one of the offenses
19 enumerated in paragraph (a)(2.05) of Section 3-6-3 committed
20 on or after the effective date of this amendatory Act of
21 1998, the judge's statement, to be given after pronouncing
22 the sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is entitled to no more than 4 1/2 days of
30 good conduct credit for each month of his or her sentence of
31 imprisonment. Therefore, this defendant will serve at least
32 85% of his or her sentence. Assuming the defendant receives
33 4 1/2 days credit for each month of his or her sentence, the
34 period of estimated actual custody is ... years and ...
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1 months. If the defendant, because of his or her own
2 misconduct or failure to comply with the institutional
3 regulations receives lesser credit, the actual time served in
4 prison will be longer."
5 When a sentence of imprisonment is imposed for first
6 degree murder and the offense was committed on or after the
7 effective date of this amendatory Act of 1995, the judge's
8 statement, to be given after pronouncing the sentence, shall
9 include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, the defendant is not entitled to good conduct credit.
17 Therefore, this defendant will serve 100% of his or her
18 sentence."
19 (d) When the defendant is committed to the Department of
20 Corrections, the State's Attorney shall and counsel for the
21 defendant may file a statement with the clerk of the court to
22 be transmitted to the department, agency or institution to
23 which the defendant is committed to furnish such department,
24 agency or institution with the facts and circumstances of the
25 offense for which the person was committed together with all
26 other factual information accessible to them in regard to the
27 person prior to his commitment relative to his habits,
28 associates, disposition and reputation and any other facts
29 and circumstances which may aid such department, agency or
30 institution during its custody of such person. The clerk
31 shall within 10 days after receiving any such statements
32 transmit a copy to such department, agency or institution and
33 a copy to the other party, provided, however, that this shall
34 not be cause for delay in conveying the person to the
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1 department, agency or institution to which he has been
2 committed.
3 (e) The clerk of the court shall transmit to the
4 department, agency or institution, if any, to which the
5 defendant is committed, the following:
6 (1) the sentence imposed;
7 (2) any statement by the court of the basis for
8 imposing the sentence;
9 (3) any presentence reports;
10 (4) the number of days, if any, which the defendant
11 has been in custody and for which he is entitled to
12 credit against the sentence, which information shall be
13 provided to the clerk by the sheriff;
14 (4.1) any finding of great bodily harm made by the
15 court with respect to an offense enumerated in subsection
16 (c-1);
17 (5) all statements filed under subsection (d) of
18 this Section;
19 (6) any medical or mental health records or
20 summaries of the defendant;
21 (7) the municipality where the arrest of the
22 offender or the commission of the offense has occurred,
23 where such municipality has a population of more than
24 25,000 persons;
25 (8) all statements made and evidence offered under
26 paragraph (7) of subsection (a) of this Section; and
27 (9) all additional matters which the court directs
28 the clerk to transmit.
29 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)