Bill Text: IL HB1310 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a committed person who is at least 55 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Prisoner Review Board for participation in the Sentence Modification Program. Provides that the Department of Corrections shall review the criminal history of the petitioner and the petitioner's conduct while incarcerated in a facility or facilities of the Department of Corrections and shall administer a risk assessment and medical, psychological, and psychiatric assessments of the petitioner before submitting the petition to the Board. Provides that no more than 100 committed persons shall be allowed to participate in the Program. Provides that the conditions of the Program shall include 15 hours of weekly community service approved by the Board. Twenty percent of the money earned by the participant in the Program shall be deducted from the participant's wages and donated by the administrator of the Program to a victim's organization. Provides that a committed person who is serving a sentence, including one who has not yet served the minimum term of the sentence, who is diagnosed as suffering from a terminal condition so as to render the committed person likely to live less than 9 months may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Board. Provides that the Department of Corrections shall review first-time non-violent offenders to determine their eligibility for the Sentence Modification Program. Provides that to be eligible for the Program, the committed person must be a first time non-violent offender. Provides that the Department shall review the criminal history of the offender and the offender's conduct while incarcerated in a facility or facilities of the Department of Corrections. Provides that the Department shall administer a risk assessment and medical, psychological, and psychiatric assessments of an offender before admission into the Program. Provides that an offender who meets the criteria established by this provision and the Department shall be considered by the Department for a reduction of up to 40% of his or her sentence.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-03-27 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB1310 Detail]

Download: Illinois-2015-HB1310-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1310 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED:
See Index
Amends the Unified Code of Corrections. Provides that a committed person who is at least 55 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Prisoner Review Board for participation in the Sentence Modification Program. Provides that the Department of Corrections shall review the criminal history of the petitioner and the petitioner's conduct while incarcerated in a facility or facilities of the Department of Corrections and shall administer a risk assessment and medical, psychological, and psychiatric assessments of the petitioner before submitting the petition to the Board. Provides that no more than 100 committed persons shall be allowed to participate in the Program. Provides that the conditions of the Program shall include 15 hours of weekly community service approved by the Board. Twenty percent of the money earned by the participant in the Program shall be deducted from the participant's wages and donated by the administrator of the Program to a victim's organization. Provides that a committed person who is serving a sentence, including one who has not yet served the minimum term of the sentence, who is diagnosed as suffering from a terminal condition so as to render the committed person likely to live less than 9 months may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Board. Provides that the Department of Corrections shall review first-time non-violent offenders to determine their eligibility for the Sentence Modification Program. Provides that to be eligible for the Program, the committed person must be a first time non-violent offender. Provides that the Department shall review the criminal history of the offender and the offender's conduct while incarcerated in a facility or facilities of the Department of Corrections. Provides that the Department shall administer a risk assessment and medical, psychological, and psychiatric assessments of an offender before admission into the Program. Provides that an offender who meets the criteria established by this provision and the Department shall be considered by the Department for a reduction of up to 40% of his or her sentence.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-2, 3-3-3, 3-6-3, and 5-8-1 and by adding
Sections 5-8-1.4, 5-8-1.5, 5-8-1.6, and 5-8-1.7 as follows:
(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 the effective date of this
amendatory Act of 1977, 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 the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and the

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time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced
under the law in effect prior to this amendatory Act of
1977; 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;
(3) hear by at least one member and through a panel 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 the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
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

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supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide, the time of aftercare
release, the conditions of aftercare release and the time
of discharge from aftercare release, impose sanctions for
violations of aftercare release, and revoke aftercare
release for those adjudicated delinquent under the
Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel 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 thirty days. However, the Board shall not be
empowered to review the Department's decision with respect

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to the loss of 30 days of sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
prisoners sentenced under the law in existence prior to the
effective date of this amendatory Act of 1977, in
accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel 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;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of

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relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been 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
Department of 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:
(A) until 5 years have elapsed since the expiration
of his or her sentence;
(B) until 5 years have elapsed since any arrests 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;
(C) if convicted of a violation of the Cannabis
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

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offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
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;
(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
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any
combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate

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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.
The decision to issue or refrain from issuing a
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.
The Board may only authorize the sealing of Class 3 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
(11) upon a petition by a person who after having 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

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clerk, and the Department of 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:
(A) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of 2012;
(ii) an offense under the Criminal Code of 1961
or Criminal Code of 2012 involving a firearm; or
(iii) a crime of violence as defined in Section
2 of the Crime Victims Compensation Act; or
(B) if the person has not served in the United
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.
If a person has applied to the Board for a 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 the
effective date of this amendatory Act of 1996. 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, aftercare release, 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

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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

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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. mails addressed to
the person at his 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

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calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(i) The Prisoner Review Board may grant participation in
the Sentence Modification Program for elderly offenders under
Section 5-8-1.4 and medical parole under Section 5-8-1.5, and
may establish the terms and conditions of the first-time
non-violent offender release program as provided in Section
5-8-1.6.
(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
1-1-14; 98-756, eff. 7-16-14.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for Parole or Release.
(a) (Blank). Except for those offenders who accept the
fixed release date established by the Prisoner Review Board
under Section 3-3-2.1, every person serving a term of
imprisonment under the law in effect prior to the effective
date of this amendatory Act of 1977 shall be eligible for
parole when he or she has served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time credit
for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(3) 20 years or one-third of a determinate sentence,

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whichever is less, less time credit for good behavior.
(b) No person sentenced under this amendatory Act of 1977
or who accepts a release date under Section 3-3-2.1 shall be
eligible for parole.
(c) Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life imprisonment
may be paroled or released except through executive clemency.
(e) Every person committed to the Department of Juvenile
Justice under Section 5-10 of the Juvenile Court Act or Section
5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
this Code and confined in the State correctional institutions
or facilities if such juvenile has not been tried as an adult
shall be eligible for aftercare release without regard to the
length of time the person has been confined or whether the
person has served any minimum term imposed. However, if a
juvenile has been tried as an adult he or she shall only be
eligible for parole or mandatory supervised release as an adult
under this Section.
(Source: P.A. 98-558, eff. 1-1-14.)

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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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 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 or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) 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

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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

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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

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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.

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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

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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) 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) 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.

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(2.5) 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) 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) The rules and regulations shall also provide that
the Director may award up to 180 days additional sentence
credit for good conduct in specific instances as the
Director deems proper. 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. However, the Director
shall not award more than 90 days of sentence credit for
good conduct to any prisoner who is serving a sentence for
conviction of first degree murder, reckless homicide while

HB1310 - 21 - LRB099 05204 RLC 25238 b
under the influence of alcohol or any other drug, or
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, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous battery
as described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, aggravated battery of a spouse,
aggravated battery of a spouse with a firearm, stalking,
aggravated stalking, aggravated battery of a child as
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, endangering the life or health of a child,
or cruelty to a child. Notwithstanding the foregoing,
sentence credit for good conduct shall not be awarded on a
sentence of imprisonment imposed for conviction of: (i) one
of the offenses enumerated in subdivision (a)(2)(i), (ii),
or (iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective

HB1310 - 22 - LRB099 05204 RLC 25238 b
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), (ii)
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, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) 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).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.

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Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director 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 the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director 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 sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The

HB1310 - 24 - LRB099 05204 RLC 25238 b
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
is engaged full-time in 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 completes the assigned
program as determined by the standards of the Department,
shall be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current

HB1310 - 25 - LRB099 05204 RLC 25238 b
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. However, no inmate shall be eligible for
the additional sentence credit under this paragraph (4) or
(4.1) of this subsection (a) while assigned to a boot camp
or electronic detention, or if convicted of an offense
enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
Section that is committed on or after June 19, 1998 or
subdivision (a)(2)(iv) of this Section that is committed on
or after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) of this Section that is
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or subdivision (a)(2)(vi) when the
offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), or if
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in

HB1310 - 26 - LRB099 05204 RLC 25238 b
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, or if
convicted 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), or if convicted of an offense enumerated in
paragraph (a)(2.4) of this Section that is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, 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, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4) who
(i) has previously received increased good conduct credit
under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior

HB1310 - 27 - LRB099 05204 RLC 25238 b
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence credit may be increased 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
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.
(4.1) The rules and regulations shall also provide that
an additional 60 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

HB1310 - 28 - LRB099 05204 RLC 25238 b
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 high school equivalency certificate.
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 60 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.
(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 may waive the requirement to participate in or

HB1310 - 29 - LRB099 05204 RLC 25238 b
complete a substance abuse treatment program and award the
sentence credit 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

HB1310 - 30 - LRB099 05204 RLC 25238 b
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 the Director's sole discretion, be
awarded sentence credit at a rate as the Director shall
determine.
(4.7) The rules and regulations on sentence credit
shall also provide that the Department may grant sentence
credit to a first-time non-violent offender under Section
5-8-1.6 of this Code; but in no event may the grant of the
credit reduce the prisoner's sentence below 40% of the
sentence imposed by the court.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of
sentence credit for good conduct 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:

HB1310 - 31 - LRB099 05204 RLC 25238 b
name, any known alias, date of birth, physical
characteristics, residence address, 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) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. 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.
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

HB1310 - 32 - LRB099 05204 RLC 25238 b
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit 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 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.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
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

HB1310 - 33 - LRB099 05204 RLC 25238 b
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 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:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the

HB1310 - 34 - LRB099 05204 RLC 25238 b
establishment of new law;
(D) the allegations and other factual contentions
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
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 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.
(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

HB1310 - 35 - LRB099 05204 RLC 25238 b
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. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12;
97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
1-1-15.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V and except as
otherwise provided in Sections 5-8-1.4, 5-8-1.5, or 5-8-1.6, a
sentence of imprisonment for a felony shall be a determinate
sentence set by the court under this Section, according to the
following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the

HB1310 - 36 - LRB099 05204 RLC 25238 b
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant to a term
of natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,

HB1310 - 37 - LRB099 05204 RLC 25238 b
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) is a person who, at the time of the

HB1310 - 38 - LRB099 05204 RLC 25238 b
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;

HB1310 - 39 - LRB099 05204 RLC 25238 b
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in subdivision (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection (b) of Section 12-13,
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
subsection (d) of Section 12-14, subdivision (b)(1.2) of
Section 11-1.40 or paragraph (1.2) of subsection (b) of
Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, the
sentence shall be a term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal

HB1310 - 40 - LRB099 05204 RLC 25238 b
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of

HB1310 - 41 - LRB099 05204 RLC 25238 b
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-8-1.4 new)
Sec. 5-8-1.4. Sentence Modification Program for elderly
offenders.
(a) A committed person as defined in subsection (c) of
Section 3-1-2 of this Code who is at least 55 years of age and
who has served at least 25 consecutive years of imprisonment in
a Department of Corrections institution or facility may
petition the Prisoner Review Board ("Board") for participation

HB1310 - 42 - LRB099 05204 RLC 25238 b
in the Sentence Modification Program ("Program") as provided in
this Section. The petition shall, in the first instance, be
screened by the Department of Corrections, which shall
determine whether the petitioner should be considered for
participation in the Program. The Department of Corrections
shall review the criminal history of the petitioner and the
petitioner's conduct while incarcerated in a facility or
facilities of the Department of Corrections. The Department
shall administer a risk assessment and medical, psychological,
and psychiatric assessments of the petitioner before
submitting the petition to the Board. No more than 100
committed persons shall be allowed to participate in the
Program. If the Department determines that the petitioner
should be so considered, it shall submit the petition to the
Board. The Board shall notify the victims and the families of
the victims of the committed person's offenses within 30 days
after receiving the petition and shall provide an opportunity
for the victims and their families to submit statements in
support of or opposition to the petitioner's participation in
the Program.
(b) The petition shall contain reasons why the committed
person should be granted participation in the Program and, when
possible, should provide relevant documentation and statements
of support.
(c) The Board shall render its decision about the committed
person's petition within a reasonable time after the petition

HB1310 - 43 - LRB099 05204 RLC 25238 b
has been filed. In deciding whether to grant or deny the
petitioner participation in the Program, the Board shall
consider whether the petitioner documents and demonstrates the
following:
(1) successful participation in programs designed to
restore the committed person to a useful and productive
life upon release (including educational programs and
programs designed to deal with substance abuse or other
issues) and, if those programs are not available,
information demonstrating that the committed person has
attempted to participate in those programs or has engaged
in self-education programs, correspondence courses, or
other self-improvement efforts;
(2) the genuine reform and changed behavior the
committed person has demonstrated over a period of years;
(3) the committed person's remorse for actions that
have caused pain and suffering to victims of his or her
offenses;
(4) the committed person's ability to socialize with
others in an acceptable manner;
(5) the committed person's renunciation of criminal
activity and gang affiliation if the committed person was a
member of a gang; and
(6) an appropriate plan for living arrangements, which
indicates if the person intends to seek admission to a
nursing facility and the name of the facility if known,

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financial support, and any medical care that will be needed
when the committed person returns to society.
(d) The Board shall consider the petition in its entirety
and shall not order the release of the committed person if it
finds that the committed person poses a threat to public
safety. If the Board determines that a committed person is
eligible for participation in the Program and that the
committed person should participate in the Program, the Board
shall set the conditions for the committed person's release
from prison before the expiration of his or her sentence. If
the committed person's plan for living arrangements under
paragraph (6) of subsection (c) of this Section includes
relocation to a nursing facility, the Board shall notify the
facility of the committed person's intent at least 30 days
prior to the committed person's release. The Board shall, prior
to the committed person's release, arrange for the committed
person to be prescreened under Section 4.03 of the Illinois Act
on the Aging and to make application for Medicaid Long Term
Care services and the Board shall transmit to the facility
prior to the committed person's admission documentation of the
prescreening and the committed person's eligibility for
Medicaid Long Term Care services, and the committed person's
prison and criminal history. The later shall serve to meet the
nursing facilities obligation to perform a background check.
When granting participation in the Program, the Board may
require the committed person, for a period of time upon

HB1310 - 45 - LRB099 05204 RLC 25238 b
release, to participate in community service or to wear an
electronic monitoring device, or both. Upon request of the
victim or the victim's family, the Board may issue a protective
order requiring the committed person to avoid all contact with
specified persons. For the purpose of this Section, "nursing
facility" means a facility licensed under the Nursing Home Care
Act.
(e) A petition for participation in the Program under the
provisions of this Section may be submitted annually, except
that if the Board denies a petition, it may order that the
committed person may not file a new petition for up to 3 years
from the date of denial, if the Board finds that it is not
reasonable to expect that it would grant a petition filed
earlier.
(f) The action of a majority of the Board members voting on
the petition shall be the action of the Board.
(g) The victim or the victim's family shall be notified of
any public meeting at which the Board intends to deliberate on
the committed person's participation in the Program.
(h) The conditions of the Program shall include 15 hours of
weekly community service approved by the Board. Twenty percent
of the money earned by the participant in the Program shall be
deducted from the participant's wages and donated by the
administrator of the Program to a victim's organization.
(730 ILCS 5/5-8-1.5 new)

HB1310 - 46 - LRB099 05204 RLC 25238 b
Sec. 5-8-1.5. Medical parole. Notwithstanding any other
provision of law to the contrary, any committed person who is
serving a sentence, including one who has not yet served the
minimum term of the sentence, who is diagnosed as suffering
from a terminal condition so as to render the committed person
likely to live less than 9 months may be released on medical
parole to a hospital, hospice, other licensed inpatient
facility, or suitable housing accommodation as specified by the
Board. The Department shall promptly notify the Board upon
receipt of medical information that a committed person has a
diagnosis of a terminal condition with less than 9 months to
live which prevents him or her from filing a petition on his or
her own. As used in this Section, "other licensed inpatient
facility" or "suitable housing accommodation" does not include
a facility licensed under the Nursing Home Care Act.
(730 ILCS 5/5-8-1.6 new)
Sec. 5-8-1.6. First-time non-violent offenders.
(a) In this Section, "first-time non-violent offender"
means a person who has not been previously convicted of a
felony or misdemeanor and who is serving sentence for an
offense which is not a violent crime as defined in Section 3 of
the Rights of Crime Victims and Witnesses Act.
(b) The Department of Corrections shall review first-time
non-violent offenders to determine their eligibility for the
Sentence Modification Program. To be eligible for the Program,

HB1310 - 47 - LRB099 05204 RLC 25238 b
the committed person must be a first time non-violent offender.
The Department of Corrections shall review the criminal history
of the offender and the offender's conduct while incarcerated
in a facility or facilities of the Department of Corrections.
The Department shall administer a risk assessment and medical,
psychological, and psychiatric assessments of an offender
before admission into the Program. An offender who meets the
criteria established by this Section and the Department shall
be considered by the Department for a reduction of up to 40% of
his or her sentence.
(c) The Prisoner Review Board shall determine the
conditions of the Program which shall include 15 hours of
weekly community service approved by the Board and that 20% of
the money earned by the participant in the Program shall be
deducted from the participant's wages and donated by the
administrator of the Program to a victim's organization.
(730 ILCS 5/5-8-1.7 new)
Sec. 5-8-1.7. Reports. The Department of Corrections and
the Prisoner Review Board shall jointly submit reports to
General Assembly on the programs established in Sections
5-8-1.4, 5-8-1.5, and 5-8-1.6. The Department and the Prisoner
Review Board shall jointly submit an annual report to the
General Assembly evaluating the programs established in
Sections 5-8-1.4, 5-8-1.5, and 5-8-1.6 and recommending
whether any of the programs shall be continued, modified, or

HB1310 - 48 - LRB099 05204 RLC 25238 b
discontinued.
HB1310 - 49 - LRB099 05204 RLC 25238 b
INDEX
Statutes amended in order of appearance