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90_HB3356
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Unified Code of Corrections. Makes a
stylistic change in the Truth-In-Sentencing provisions
relating to armed robbery.
LRB9010285RCks
LRB9010285RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-6-3.
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 Section 3-6-3 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 armed robbery, home invasion, armed robbery,
4 aggravated vehicular hijacking, aggravated discharge
5 of a firearm, or armed violence with a category I
6 weapon or category II weapon, when the court has
7 made and entered a finding, pursuant to subsection
8 (c-1) of Section 5-4-1 of this Code, that the
9 conduct leading to conviction for the enumerated
10 offense resulted in great bodily harm to a victim,
11 shall receive no more than 4.5 days of good conduct
12 credit for each month of his or her sentence of
13 imprisonment.
14 (2.1) For all offenses, other than those enumerated
15 in subdivision (a)(2) committed on or after the effective
16 date of this amendatory Act of 1995, the rules and
17 regulations shall provide that a prisoner who is serving
18 a term of imprisonment shall receive one day of good
19 conduct credit for each day of his or her sentence of
20 imprisonment or recommitment under Section 3-3-9. Each
21 day of good conduct credit shall reduce by one day the
22 prisoner's period of imprisonment or recommitment under
23 Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (3) The rules and regulations shall also provide
28 that the Director may award up to 180 days additional
29 good conduct credit for meritorious service in specific
30 instances as the Director deems proper; except that no
31 more than 90 days of good conduct credit for meritorious
32 service shall be awarded to any prisoner who is serving a
33 sentence for conviction of first degree murder, reckless
34 homicide while under the influence of alcohol or any
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1 other drug, aggravated kidnapping, kidnapping, predatory
2 criminal sexual assault of a child, aggravated criminal
3 sexual assault, criminal sexual assault, deviate sexual
4 assault, aggravated criminal sexual abuse, aggravated
5 indecent liberties with a child, indecent liberties with
6 a child, child pornography, heinous battery, aggravated
7 battery of a spouse, aggravated battery of a spouse with
8 a firearm, stalking, aggravated stalking, aggravated
9 battery of a child, endangering the life or health of a
10 child, cruelty to a child, or narcotic racketeering.
11 Notwithstanding the foregoing, good conduct credit for
12 meritorious service shall not be awarded on a sentence of
13 imprisonment imposed for conviction of one of the
14 offenses enumerated in subdivision (a)(2) when the
15 offense is committed on or after the effective date of
16 this amendatory Act of 1995.
17 (4) The rules and regulations shall also provide
18 that the good conduct credit accumulated and retained
19 under paragraph (2.1) of subsection (a) of this Section
20 by any inmate during specific periods of time in which
21 such inmate is engaged full-time in substance abuse
22 programs, correctional industry assignments, or
23 educational programs provided by the Department under
24 this paragraph (4) and satisfactorily completes the
25 assigned program as determined by the standards of the
26 Department, shall be multiplied by a factor of 1.25 for
27 program participation before the effective date of this
28 amendatory Act of 1993 and 1.50 for program participation
29 on or after that date. However, no inmate shall be
30 eligible for the additional good conduct credit under
31 this paragraph (4) while assigned to a boot camp, mental
32 health unit, or electronic detention, or if convicted of
33 an offense enumerated in paragraph (a)(2) of this Section
34 that is committed on or after the effective date of this
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1 amendatory Act of 1995, or first degree murder, a Class X
2 felony, criminal sexual assault, felony criminal sexual
3 abuse, aggravated criminal sexual abuse, aggravated
4 battery with a firearm, or any predecessor or successor
5 offenses with the same or substantially the same
6 elements, or any inchoate offenses relating to the
7 foregoing offenses. No inmate shall be eligible for the
8 additional good conduct credit under this paragraph (4)
9 who (i) has previously received increased good conduct
10 credit under this paragraph (4) and has subsequently been
11 convicted of a felony, or (ii) has previously served more
12 than one prior sentence of imprisonment for a felony in
13 an adult correctional facility.
14 Educational, vocational, substance abuse and
15 correctional industry programs under which good conduct
16 credit may be increased under this paragraph (4) shall be
17 evaluated by the Department on the basis of documented
18 standards. The Department shall report the results of
19 these evaluations to the Governor and the General
20 Assembly by September 30th of each year. The reports
21 shall include data relating to the recidivism rate among
22 program participants.
23 Availability of these programs shall be subject to
24 the limits of fiscal resources appropriated by the
25 General Assembly for these purposes. Eligible inmates
26 who are denied immediate admission shall be placed on a
27 waiting list under criteria established by the
28 Department. The inability of any inmate to become engaged
29 in any such programs by reason of insufficient program
30 resources or for any other reason established under the
31 rules and regulations of the Department shall not be
32 deemed a cause of action under which the Department or
33 any employee or agent of the Department shall be liable
34 for damages to the inmate.
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1 (5) Whenever the Department is to release any
2 inmate earlier than it otherwise would because of a grant
3 of good conduct credit for meritorious service given at
4 any time during the term, the Department shall give
5 reasonable advance notice of the impending release to the
6 State's Attorney of the county where the prosecution of
7 the inmate took place.
8 (b) Whenever a person is or has been committed under
9 several convictions, with separate sentences, the sentences
10 shall be construed under Section 5-8-4 in granting and
11 forfeiting of good time.
12 (c) The Department shall prescribe rules and regulations
13 for revoking good conduct credit, or suspending or reducing
14 the rate of accumulation of good conduct credit for specific
15 rule violations, during imprisonment. These rules and
16 regulations shall provide that no inmate may be penalized
17 more than one year of good conduct credit for any one
18 infraction.
19 When the Department seeks to revoke, suspend or reduce
20 the rate of accumulation of any good conduct credits for an
21 alleged infraction of its rules, it shall bring charges
22 therefor against the prisoner sought to be so deprived of
23 good conduct credits before the Prisoner Review Board as
24 provided in subparagraph (a)(4) of Section 3-3-2 of this
25 Code, if the amount of credit at issue exceeds 30 days or
26 when during any 12 month period, the cumulative amount of
27 credit revoked exceeds 30 days except where the infraction is
28 committed or discovered within 60 days of scheduled release.
29 In those cases, the Department of Corrections may revoke up
30 to 30 days of good conduct credit. The Board may subsequently
31 approve the revocation of additional good conduct credit, if
32 the Department seeks to revoke good conduct credit in excess
33 of 30 days. However, the Board shall not be empowered to
34 review the Department's decision with respect to the loss of
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1 30 days of good conduct credit within any calendar year for
2 any prisoner or to increase any penalty beyond the length
3 requested by the Department.
4 The Director of the Department of Corrections, in
5 appropriate cases, may restore up to 30 days good conduct
6 credits which have been revoked, suspended or reduced. Any
7 restoration of good conduct credits in excess of 30 days
8 shall be subject to review by the Prisoner Review Board.
9 However, the Board may not restore good conduct credit in
10 excess of the amount requested by the Director.
11 Nothing contained in this Section shall prohibit the
12 Prisoner Review Board from ordering, pursuant to Section
13 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
14 the sentence imposed by the court that was not served due to
15 the accumulation of good conduct credit.
16 (d) If a lawsuit is filed by a prisoner in an Illinois
17 or federal court against the State, the Department of
18 Corrections, or the Prisoner Review Board, or against any of
19 their officers or employees, and the court makes a specific
20 finding that a pleading, motion, or other paper filed by the
21 prisoner is frivolous, the Department of Corrections shall
22 conduct a hearing to revoke up to 180 days of good conduct
23 credit by bringing charges against the prisoner sought to be
24 deprived of the good conduct credits before the Prisoner
25 Review Board as provided in subparagraph (a)(8) of Section
26 3-3-2 of this Code. If the prisoner has not accumulated 180
27 days of good conduct credit at the time of the finding, then
28 the Prisoner Review Board may revoke all good conduct credit
29 accumulated by the prisoner.
30 For purposes of this subsection (d):
31 (1) "Frivolous" means that a pleading, motion, or
32 other filing which purports to be a legal document filed
33 by a prisoner in his or her lawsuit meets any or all of
34 the following criteria:
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1 (A) it lacks an arguable basis either in law
2 or in fact;
3 (B) it is being presented for any improper
4 purpose, such as to harass or to cause unnecessary
5 delay or needless increase in the cost of
6 litigation;
7 (C) the claims, defenses, and other legal
8 contentions therein are not warranted by existing
9 law or by a nonfrivolous argument for the extension,
10 modification, or reversal of existing law or the
11 establishment of new law;
12 (D) the allegations and other factual
13 contentions do not have evidentiary support or, if
14 specifically so identified, are not likely to have
15 evidentiary support after a reasonable opportunity
16 for further investigation or discovery; or
17 (E) the denials of factual contentions are not
18 warranted on the evidence, or if specifically so
19 identified, are not reasonably based on a lack of
20 information or belief.
21 (2) "Lawsuit" means a petition for post conviction
22 relief under Article 122 of the Code of Criminal
23 Procedure of 1963, a motion pursuant to Section 116-3 of
24 the Code of Criminal Procedure of 1963, a habeas corpus
25 action under Article X of the Code of Civil Procedure or
26 under federal law (28 U.S.C. 2254), a petition for claim
27 under the Court of Claims Act or an action under the
28 federal Civil Rights Act (42 U.S.C. 1983).
29 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
30 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
31 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)