Bill Text: IL HB0094 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections shall award sentence credit accumulated prior to the effective date of the amendatory Act for participation in full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department of Corrections in an amount specified in this provision 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: (1) 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 and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or (2) 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 and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration. Provides that if the inmate can provide documentation that he or she is entitled to sentence credit under this provision in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. Provides that 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. Provides that in the event of a disagreement between the Department and the inmate as to the amount of credit under this provision accumulated, if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. Provides that if the Department provides no documentary proof, the inmate's proof as set forth in this provision shall control as to the amount of sentence credit provided. Provides that if the inmate has been convicted of a sex offense as defined in the Sex Offender Registration Act, sentencing credits under this provision shall be awarded by the Department only if the inmate successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. Provides that no inmate serving a term of natural life imprisonment shall receive sentence credit under this provision. Provides that sentence credits for specified offenses and purposes do not apply if the prisoner is required to serve 100% of his or her sentence (rather than not applying if the prisoner is serving a sentence for first degree murder or terrorism). Provides that under certain restrictions and exceptions an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree or who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-08-21 - Public Act . . . . . . . . . 101-0440 [HB0094 Detail]

Download: Illinois-2019-HB0094-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and regulations for sentence credit.
8 (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12 (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14 (A) successful completion of programming while in
15 custody of the Department or while in custody prior to
16 sentencing;
17 (B) compliance with the rules and regulations of the
18 Department; or
19 (C) service to the institution, service to a community,
20 or service to the State.
21 (2) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),

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1(ii), or (iii) of this paragraph (2) committed on or after June
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public Act 97-990), the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder or for the offense of
19 terrorism shall receive no sentence credit and shall serve
20 the entire sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for attempt to
22 commit terrorism, attempt to commit first degree murder,
23 solicitation of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated criminal
26 sexual assault, criminal sexual assault, aggravated

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1 kidnapping, aggravated battery with a firearm as described
2 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3 (e)(4) of Section 12-3.05, heinous battery as described in
4 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
5 being an armed habitual criminal, aggravated battery of a
6 senior citizen as described in Section 12-4.6 or
7 subdivision (a)(4) of Section 12-3.05, or aggravated
8 battery of a child as described in Section 12-4.3 or
9 subdivision (b)(1) of Section 12-3.05 shall receive no more
10 than 4.5 days of sentence credit for each month of his or
11 her sentence of imprisonment;
12 (iii) that a prisoner serving a sentence for home
13 invasion, armed robbery, aggravated vehicular hijacking,
14 aggravated discharge of a firearm, or armed violence with a
15 category I weapon or category II weapon, when the court has
16 made and entered a finding, pursuant to subsection (c-1) of
17 Section 5-4-1 of this Code, that the conduct leading to
18 conviction for the enumerated offense resulted in great
19 bodily harm to a victim, shall receive no more than 4.5
20 days of sentence credit for each month of his or her
21 sentence of imprisonment;
22 (iv) that a prisoner serving a sentence for aggravated
23 discharge of a firearm, whether or not the conduct leading
24 to conviction for the offense resulted in great bodily harm
25 to the victim, shall receive no more than 4.5 days of
26 sentence credit for each month of his or her sentence of

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1 imprisonment;
2 (v) that a person serving a sentence for gunrunning,
3 narcotics racketeering, controlled substance trafficking,
4 methamphetamine trafficking, drug-induced homicide,
5 aggravated methamphetamine-related child endangerment,
6 money laundering pursuant to clause (c) (4) or (5) of
7 Section 29B-1 of the Criminal Code of 1961 or the Criminal
8 Code of 2012, or a Class X felony conviction for delivery
9 of a controlled substance, possession of a controlled
10 substance with intent to manufacture or deliver,
11 calculated criminal drug conspiracy, criminal drug
12 conspiracy, street gang criminal drug conspiracy,
13 participation in methamphetamine manufacturing, aggravated
14 participation in methamphetamine manufacturing, delivery
15 of methamphetamine, possession with intent to deliver
16 methamphetamine, aggravated delivery of methamphetamine,
17 aggravated possession with intent to deliver
18 methamphetamine, methamphetamine conspiracy when the
19 substance containing the controlled substance or
20 methamphetamine is 100 grams or more shall receive no more
21 than 7.5 days sentence credit for each month of his or her
22 sentence of imprisonment;
23 (vi) that a prisoner serving a sentence for a second or
24 subsequent offense of luring a minor shall receive no more
25 than 4.5 days of sentence credit for each month of his or
26 her sentence of imprisonment; and

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1 (vii) that a prisoner serving a sentence for aggravated
2 domestic battery shall receive no more than 4.5 days of
3 sentence credit for each month of his or her sentence of
4 imprisonment.
5 (2.1) For all offenses, other than those enumerated in
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (a)(2)(v) committed on or after August 13, 2007
10(the effective date of Public Act 95-134) or subdivision
11(a)(2)(vi) committed on or after June 1, 2008 (the effective
12date of Public Act 95-625) or subdivision (a)(2)(vii) committed
13on or after July 23, 2010 (the effective date of Public Act
1496-1224), and other than the offense of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds, or any combination thereof
17as defined in subparagraph (F) of paragraph (1) of subsection
18(d) of Section 11-501 of the Illinois Vehicle Code, and other
19than the offense of aggravated driving under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25rules and regulations shall provide that a prisoner who is
26serving a term of imprisonment shall receive one day of

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1sentence credit for each day of his or her sentence of
2imprisonment or recommitment under Section 3-3-9. Each day of
3sentence credit shall reduce by one day the prisoner's period
4of imprisonment or recommitment under Section 3-3-9.
5 (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8 (2.3) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of paragraph
14(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15Code, shall receive no more than 4.5 days of sentence credit
16for each month of his or her sentence of imprisonment.
17 (2.4) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide with respect to the offenses of aggravated
20battery with a machine gun or a firearm equipped with any
21device or attachment designed or used for silencing the report
22of a firearm or aggravated discharge of a machine gun or a
23firearm equipped with any device or attachment designed or used
24for silencing the report of a firearm, committed on or after
25July 15, 1999 (the effective date of Public Act 91-121), that a
26prisoner serving a sentence for any of these offenses shall

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1receive no more than 4.5 days of sentence credit for each month
2of his or her sentence of imprisonment.
3 (2.5) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide that a prisoner who is serving a sentence for
6aggravated arson committed on or after July 27, 2001 (the
7effective date of Public Act 92-176) shall receive no more than
84.5 days of sentence credit for each month of his or her
9sentence of imprisonment.
10 (2.6) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds or any
15combination thereof as defined in subparagraph (C) of paragraph
16(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17Code committed on or after January 1, 2011 (the effective date
18of Public Act 96-1230) shall receive no more than 4.5 days of
19sentence credit for each month of his or her sentence of
20imprisonment.
21 (3) In addition to the sentence credits earned under
22paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
23the rules and regulations shall also provide that the Director
24may award up to 180 days of earned sentence credit for good
25conduct in specific instances as the Director deems proper. The
26good conduct may include, but is not limited to, compliance

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1with the rules and regulations of the Department, service to
2the Department, service to a community, or service to the
3State.
4 Eligible inmates for an award of earned sentence credit
5under this paragraph (3) may be selected to receive the credit
6at the Director's or his or her designee's sole discretion.
7Eligibility for the additional earned sentence credit under
8this paragraph (3) shall be based on, but is not limited to,
9the results of any available risk/needs assessment or other
10relevant assessments or evaluations administered by the
11Department using a validated instrument, the circumstances of
12the crime, any history of conviction for a forcible felony
13enumerated in Section 2-8 of the Criminal Code of 2012, the
14inmate's behavior and disciplinary history while incarcerated,
15and the inmate's commitment to rehabilitation, including
16participation in programming offered by the Department.
17 The Director shall not award sentence credit under this
18paragraph (3) to an inmate unless the inmate has served a
19minimum of 60 days of the sentence; except nothing in this
20paragraph shall be construed to permit the Director to extend
21an inmate's sentence beyond that which was imposed by the
22court. Prior to awarding credit under this paragraph (3), the
23Director shall make a written determination that the inmate:
24 (A) is eligible for the earned sentence credit;
25 (B) has served a minimum of 60 days, or as close to 60
26 days as the sentence will allow;

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1 (B-1) has received a risk/needs assessment or other
2 relevant evaluation or assessment administered by the
3 Department using a validated instrument; and
4 (C) has met the eligibility criteria established by
5 rule for earned sentence credit.
6 The Director shall determine the form and content of the
7written determination required in this subsection.
8 (3.5) The Department shall provide annual written reports
9to the Governor and the General Assembly on the award of earned
10sentence credit no later than February 1 of each year. The
11Department must publish both reports on its website within 48
12hours of transmitting the reports to the Governor and the
13General Assembly. The reports must include:
14 (A) the number of inmates awarded earned sentence
15 credit;
16 (B) the average amount of earned sentence credit
17 awarded;
18 (C) the holding offenses of inmates awarded earned
19 sentence credit; and
20 (D) the number of earned sentence credit revocations.
21 (4) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations shall also provide
23that the sentence credit accumulated and retained under
24paragraph (2.1) of subsection (a) of this Section by any inmate
25during specific periods of time in which such inmate is engaged
26full-time in substance abuse programs, correctional industry

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1assignments, educational programs, behavior modification
2programs, life skills courses, or re-entry planning provided by
3the Department under this paragraph (4) and satisfactorily
4completes the assigned program as determined by the standards
5of the Department, shall be multiplied by a factor of 1.25 for
6program participation before August 11, 1993 and 1.50 for
7program participation on or after that date. The rules and
8regulations shall also provide that sentence credit, subject to
9the same offense limits and multiplier provided in this
10paragraph, may be provided to an inmate who was held in
11pre-trial detention prior to his or her current commitment to
12the Department of Corrections and successfully completed a
13full-time, 60-day or longer substance abuse program,
14educational program, behavior modification program, life
15skills course, or re-entry planning provided by the county
16department of corrections or county jail. Calculation of this
17county program credit shall be done at sentencing as provided
18in Section 5-4.5-100 of this Code and shall be included in the
19sentencing order. However, no inmate shall be eligible for the
20additional sentence credit under this paragraph (4) or (4.1) of
21this subsection (a) while assigned to a boot camp or electronic
22detention.
23 Except as provided in paragraph (4.7) of this subsection
24(a), all inmates shall be eligible to receive sentence credits
25under this paragraph (4). Any inmate currently serving a
26sentence for an offense committed prior to June 19, 1998 shall

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1receive the sentence credit under this paragraph (4) if the
2inmate satisfactorily completes an assigned program as
3determined by the standards of the Department. All inmates
4serving a sentence for an offense committed prior to June 19,
51998 who were not provided sentence credit under this paragraph
6(4) prior to the effective date of this amendatory Act of the
7101st General Assembly shall be provided with sentence credit
8under this paragraph (4) if the inmate engaged full-time in any
9substance abuse programs, correctional industry assignments,
10educational programs, behavior modification programs, life
11skills courses, or re-entry planning provided by the Department
12under this paragraph (4) and satisfactorily completed the
13assigned program as determined by the standards of the
14Department prior to the effective date of this amendatory Act
15of the 101st General Assembly. The Department shall not apply
16sentence credit under this paragraph (4) to current sentence
17for participating in programming under this paragraph (4)
18during a prior term of imprisonment served within the
19Department. If the inmate has been convicted of a sex offense
20as defined in Section 2 of the Sex Offender Registration Act,
21sentence credits under this paragraph (4) shall be awarded by
22the Department only if the conditions set forth in paragraph
23(4.6) of subsection (a) are satisfied.
24 Educational, vocational, substance abuse, behavior
25modification programs, life skills courses, re-entry planning,
26and correctional industry programs under which sentence credit

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1may be increased under this paragraph (4) and paragraph (4.1)
2of this subsection (a) shall be evaluated by the Department on
3the basis of documented standards. The Department shall report
4the results of these evaluations to the Governor and the
5General Assembly by September 30th of each year. The reports
6shall include data relating to the recidivism rate among
7program participants.
8 Availability of these programs shall be subject to the
9limits of fiscal resources appropriated by the General Assembly
10for these purposes. Eligible inmates who are denied immediate
11admission shall be placed on a waiting list under criteria
12established by the Department. The inability of any inmate to
13become engaged in any such programs by reason of insufficient
14program resources or for any other reason established under the
15rules and regulations of the Department shall not be deemed a
16cause of action under which the Department or any employee or
17agent of the Department shall be liable for damages to the
18inmate.
19 (4.1) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that an additional 90 days of sentence credit shall be awarded
22to any prisoner who passes high school equivalency testing
23while the prisoner is committed to the Department of
24Corrections. The sentence credit awarded under this paragraph
25(4.1) shall be in addition to, and shall not affect, the award
26of sentence credit under any other paragraph of this Section,

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1but shall also be pursuant to the guidelines and restrictions
2set forth in paragraph (4) of subsection (a) of this Section.
3The sentence credit provided for in this paragraph shall be
4available only to those prisoners who have not previously
5earned a high school diploma or a high school equivalency
6certificate. If, after an award of the high school equivalency
7testing sentence credit has been made, the Department
8determines that the prisoner was not eligible, then the award
9shall be revoked. The Department may also award 90 days of
10sentence credit to any committed person who passed high school
11equivalency testing while he or she was held in pre-trial
12detention prior to the current commitment to the Department of
13Corrections.
14 Except as provided in paragraph (4.7) of this subsection
15(a), the rules and regulations shall provide that an additional
16180 days of sentence credit shall be awarded to any prisoner
17who obtains a bachelor's degree while the prisoner is committed
18to the Department of Corrections, regardless of the date that
19the bachelor's degree was obtained, including if prior to the
20effective date of this amendatory Act of the 101st General
21Assembly. The sentence credit awarded under this paragraph
22(4.1) shall be in addition to, and shall not affect, the award
23of sentence credit under any other paragraph of this Section,
24but shall also be under the guidelines and restrictions set
25forth in paragraph (4) of subsection (a) of this Section. The
26sentence credit provided for in this paragraph (4.1) shall be

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1available only to those prisoners who have not previously
2earned a bachelor's degree prior to the current commitment to
3the Department of Corrections. If, after an award of the
4bachelor's degree sentence credit has been made and the
5Department determines that the prisoner was not eligible, then
6the award shall be revoked. The Department may also award 180
7days of sentence credit to any committed person who earned a
8bachelor's degree while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections.
11 Except as provided in paragraph (4.7) of this subsection
12(a), the rules and regulations shall provide that an additional
13180 days of sentence credit shall be awarded to any prisoner
14who obtains a master's or professional degree while the
15prisoner is committed to the Department of Corrections,
16regardless of the date that the master's or professional degree
17was obtained, including if prior to the effective date of this
18amendatory Act of the 101st General Assembly. The sentence
19credit awarded under this paragraph (4.1) shall be in addition
20to, and shall not affect, the award of sentence credit under
21any other paragraph of this Section, but shall also be under
22the guidelines and restrictions set forth in paragraph (4) of
23subsection (a) of this Section. The sentence credit provided
24for in this paragraph shall be available only to those
25prisoners who have not previously earned a master's or
26professional degree prior to the current commitment to the

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1Department of Corrections. If, after an award of the master's
2or professional degree sentence credit has been made and the
3Department determines that the prisoner was not eligible, then
4the award shall be revoked. The Department may also award 180
5days of sentence credit to any committed person who earned a
6master's or professional degree while he or she was held in
7pre-trial detention prior to the current commitment to the
8Department of Corrections.
9 (4.5) The rules and regulations on sentence credit shall
10also provide that when the court's sentencing order recommends
11a prisoner for substance abuse treatment and the crime was
12committed on or after September 1, 2003 (the effective date of
13Public Act 93-354), the prisoner shall receive no sentence
14credit awarded under clause (3) of this subsection (a) unless
15he or she participates in and completes a substance abuse
16treatment program. The Director may waive the requirement to
17participate in or complete a substance abuse treatment program
18in specific instances if the prisoner is not a good candidate
19for a substance abuse treatment program for medical,
20programming, or operational reasons. Availability of substance
21abuse treatment shall be subject to the limits of fiscal
22resources appropriated by the General Assembly for these
23purposes. If treatment is not available and the requirement to
24participate and complete the treatment has not been waived by
25the Director, the prisoner shall be placed on a waiting list
26under criteria established by the Department. The Director may

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1allow a prisoner placed on a waiting list to participate in and
2complete a substance abuse education class or attend substance
3abuse self-help meetings in lieu of a substance abuse treatment
4program. A prisoner on a waiting list who is not placed in a
5substance abuse program prior to release may be eligible for a
6waiver and receive sentence credit under clause (3) of this
7subsection (a) at the discretion of the Director.
8 (4.6) The rules and regulations on sentence credit shall
9also provide that a prisoner who has been convicted of a sex
10offense as defined in Section 2 of the Sex Offender
11Registration Act shall receive no sentence credit unless he or
12she either has successfully completed or is participating in
13sex offender treatment as defined by the Sex Offender
14Management Board. However, prisoners who are waiting to receive
15treatment, but who are unable to do so due solely to the lack
16of resources on the part of the Department, may, at the
17Director's sole discretion, be awarded sentence credit at a
18rate as the Director shall determine.
19 (4.7) On or after the effective date of this amendatory Act
20of the 100th General Assembly, sentence credit under paragraph
21(3), (4), or (4.1) of this subsection (a) may be awarded to a
22prisoner who is serving a sentence for an offense described in
23paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
24on or after the effective date of this amendatory Act of the
25100th General Assembly; provided, the award of the credits
26under this paragraph (4.7) shall not reduce the sentence of the

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1prisoner to less than the following amounts:
2 (i) 85% of his or her sentence if the prisoner is
3 required to serve 85% of his or her sentence; or
4 (ii) 60% of his or her sentence if the prisoner is
5 required to serve 75% of his or her sentence, except if the
6 prisoner is serving a sentence for gunrunning his or her
7 sentence shall not be reduced to less than 75%; or .
8 (iii) 100% of his or her sentence if the prisoner is
9 required to serve 100% of his or her sentence.
10 This paragraph (4.7) shall not apply to a prisoner serving
11a sentence for an offense described in subparagraph (i) of
12paragraph (2) of this subsection (a).
13 (5) Whenever the Department is to release any inmate
14earlier than it otherwise would because of a grant of earned
15sentence credit under paragraph (3) of subsection (a) of this
16Section given at any time during the term, the Department shall
17give reasonable notice of the impending release not less than
1814 days prior to the date of the release to the State's
19Attorney of the county where the prosecution of the inmate took
20place, and if applicable, the State's Attorney of the county
21into which the inmate will be released. The Department must
22also make identification information and a recent photo of the
23inmate being released accessible on the Internet by means of a
24hyperlink labeled "Community Notification of Inmate Early
25Release" on the Department's World Wide Web homepage. The
26identification information shall include the inmate's: name,

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1any known alias, date of birth, physical characteristics,
2commitment offense and county where conviction was imposed. The
3identification information shall be placed on the website
4within 3 days of the inmate's release and the information may
5not be removed until either: completion of the first year of
6mandatory supervised release or return of the inmate to custody
7of the Department.
8 (b) Whenever a person is or has been committed under
9several convictions, with separate sentences, the sentences
10shall be construed under Section 5-8-4 in granting and
11forfeiting of sentence credit.
12 (c) The Department shall prescribe rules and regulations
13for revoking sentence credit, including revoking sentence
14credit awarded under paragraph (3) of subsection (a) of this
15Section. The Department shall prescribe rules and regulations
16for suspending or reducing the rate of accumulation of sentence
17credit for specific rule violations, during imprisonment.
18These rules and regulations shall provide that no inmate may be
19penalized more than one year of sentence credit for any one
20infraction.
21 When the Department seeks to revoke, suspend or reduce the
22rate of accumulation of any sentence credits for an alleged
23infraction of its rules, it shall bring charges therefor
24against the prisoner sought to be so deprived of sentence
25credits before the Prisoner Review Board as provided in
26subparagraph (a)(4) of Section 3-3-2 of this Code, if the

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1amount of credit at issue exceeds 30 days or when during any 12
2month period, the cumulative amount of credit revoked exceeds
330 days except where the infraction is committed or discovered
4within 60 days of scheduled release. In those cases, the
5Department of Corrections may revoke up to 30 days of sentence
6credit. The Board may subsequently approve the revocation of
7additional sentence credit, if the Department seeks to revoke
8sentence credit in excess of 30 days. However, the Board shall
9not be empowered to review the Department's decision with
10respect to the loss of 30 days of sentence credit within any
11calendar year for any prisoner or to increase any penalty
12beyond the length requested by the Department.
13 The Director of the Department of Corrections, in
14appropriate cases, may restore up to 30 days of sentence
15credits which have been revoked, suspended or reduced. Any
16restoration of sentence credits in excess of 30 days shall be
17subject to review by the Prisoner Review Board. However, the
18Board may not restore sentence credit in excess of the amount
19requested by the Director.
20 Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25 (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of Corrections,

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1or the Prisoner Review Board, or against any of their officers
2or employees, and the court makes a specific finding that a
3pleading, motion, or other paper filed by the prisoner is
4frivolous, the Department of Corrections shall conduct a
5hearing to revoke up to 180 days of sentence credit by bringing
6charges against the prisoner sought to be deprived of the
7sentence credits before the Prisoner Review Board as provided
8in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
9prisoner has not accumulated 180 days of sentence credit at the
10time of the finding, then the Prisoner Review Board may revoke
11all sentence credit accumulated by the prisoner.
12 For purposes of this subsection (d):
13 (1) "Frivolous" means that a pleading, motion, or other
14 filing which purports to be a legal document filed by a
15 prisoner in his or her lawsuit meets any or all of the
16 following criteria:
17 (A) it lacks an arguable basis either in law or in
18 fact;
19 (B) it is being presented for any improper purpose,
20 such as to harass or to cause unnecessary delay or
21 needless increase in the cost of litigation;
22 (C) the claims, defenses, and other legal
23 contentions therein are not warranted by existing law
24 or by a nonfrivolous argument for the extension,
25 modification, or reversal of existing law or the
26 establishment of new law;

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1 (D) the allegations and other factual contentions
2 do not have evidentiary support or, if specifically so
3 identified, are not likely to have evidentiary support
4 after a reasonable opportunity for further
5 investigation or discovery; or
6 (E) the denials of factual contentions are not
7 warranted on the evidence, or if specifically so
8 identified, are not reasonably based on a lack of
9 information or belief.
10 (2) "Lawsuit" means a motion pursuant to Section 116-3
11 of the Code of Criminal Procedure of 1963, a habeas corpus
12 action under Article X of the Code of Civil Procedure or
13 under federal law (28 U.S.C. 2254), a petition for claim
14 under the Court of Claims Act, an action under the federal
15 Civil Rights Act (42 U.S.C. 1983), or a second or
16 subsequent petition for post-conviction relief under
17 Article 122 of the Code of Criminal Procedure of 1963
18 whether filed with or without leave of court or a second or
19 subsequent petition for relief from judgment under Section
20 2-1401 of the Code of Civil Procedure.
21 (e) Nothing in Public Act 90-592 or 90-593 affects the
22validity of Public Act 89-404.
23 (f) Whenever the Department is to release any inmate who
24has been convicted of a violation of an order of protection
25under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
26the Criminal Code of 2012, earlier than it otherwise would

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1because of a grant of sentence credit, the Department, as a
2condition of release, shall require that the person, upon
3release, be placed under electronic surveillance as provided in
4Section 5-8A-7 of this Code.
5(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
6eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575,
7eff. 1-8-18.)
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