Bill Text: IL HB3496 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. For offenses committed on or after the effective date of the amendatory Act, provides that a prisoner who is serving a sentence for predatory criminal sexual assault of a child, aggravated kidnapping or aggravated battery when the victim is a child under the age of 13 years or a person with a severe or profound intellectual disability, or a second or subsequent offense of luring of a minor shall receive no sentence credit and shall serve the entire sentence imposed by the court.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3496 Detail]

Download: Illinois-2017-HB3496-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3496

Introduced , by Rep. Jerry Lee Long

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1

Amends the Unified Code of Corrections. For offenses committed on or after the effective date of the amendatory Act, provides that a prisoner who is serving a sentence for predatory criminal sexual assault of a child, aggravated kidnapping or aggravated battery when the victim is a child under the age of 13 years or a person with a severe or profound intellectual disability, or a second or subsequent offense of luring of a minor shall receive no sentence credit and shall serve the entire sentence imposed by the court.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB3496LRB100 10515 RLC 20730 b
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 Sections 3-6-3 and 5-4-1 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) The rules and regulations on sentence credit shall
22provide, with respect to offenses listed in clause (i), (ii),
23or (iii) of this paragraph (2) committed on or after June 19,

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11998 or with respect to the offense listed in clause (iv) of
2this paragraph (2) committed on or after June 23, 2005 (the
3effective date of Public Act 94-71) or with respect to offense
4listed in clause (vi) committed on or after June 1, 2008 (the
5effective date of Public Act 95-625) or with respect to the
6offense of being an armed habitual criminal committed on or
7after August 2, 2005 (the effective date of Public Act 94-398)
8or with respect to the offenses listed in clause (v) of this
9paragraph (2) committed on or after August 13, 2007 (the
10effective date of Public Act 95-134) or with respect to the
11offense of aggravated domestic battery committed on or after
12July 23, 2010 (the effective date of Public Act 96-1224) or
13with respect to the offense of attempt to commit terrorism
14committed on or after January 1, 2013 (the effective date of
15Public Act 97-990) or with respect to the offenses listed in
16clause (i-5) of this paragraph (2) committed on or after the
17effective date of this amendatory Act of the 100th General
18Assembly, the following:
19 (i) that a prisoner who is serving a term of
20 imprisonment for first degree murder or for the offense of
21 terrorism shall receive no sentence credit and shall serve
22 the entire sentence imposed by the court;
23 (i-5) that a prisoner who is serving a sentence for
24 predatory criminal sexual assault of a child, aggravated
25 kidnapping under subdivision (a)(2) of Section 10-2 of the
26 Criminal Code of 2012, a second or subsequent offense of

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1 luring of a minor, or aggravated battery under subdivision
2 (b)(1) of Section 12-3.05 of the Criminal Code of 2012
3 shall receive no sentence credit and shall serve the entire
4 sentence imposed by the court;
5 (ii) that a prisoner serving a sentence for attempt to
6 commit terrorism, attempt to commit first degree murder,
7 solicitation of murder, solicitation of murder for hire,
8 intentional homicide of an unborn child, predatory
9 criminal sexual assault of a child, aggravated criminal
10 sexual assault, criminal sexual assault, aggravated
11 kidnapping, aggravated battery with a firearm as described
12 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
13 (e)(4) of Section 12-3.05, heinous battery as described in
14 Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
15 being an armed habitual criminal, aggravated battery of a
16 senior citizen as described in Section 12-4.6 or
17 subdivision (a)(4) of Section 12-3.05, or aggravated
18 battery of a child as described in Section 12-4.3 or
19 subdivision (b)(1) of Section 12-3.05 shall receive no more
20 than 4.5 days of sentence credit for each month of his or
21 her sentence of imprisonment;
22 (iii) that a prisoner serving a sentence for home
23 invasion, armed robbery, aggravated vehicular hijacking,
24 aggravated discharge of a firearm, or armed violence with a
25 category I weapon or category II weapon, when the court has
26 made and entered a finding, pursuant to subsection (c-1) of

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1 Section 5-4-1 of this Code, that the conduct leading to
2 conviction for the enumerated offense resulted in great
3 bodily harm to a victim, shall receive no more than 4.5
4 days of sentence credit for each month of his or her
5 sentence of imprisonment;
6 (iv) that a prisoner serving a sentence for aggravated
7 discharge of a firearm, whether or not the conduct leading
8 to conviction for the offense resulted in great bodily harm
9 to the victim, shall receive no more than 4.5 days of
10 sentence credit for each month of his or her sentence of
11 imprisonment;
12 (v) that a person serving a sentence for gunrunning,
13 narcotics racketeering, controlled substance trafficking,
14 methamphetamine trafficking, drug-induced homicide,
15 aggravated methamphetamine-related child endangerment,
16 money laundering pursuant to clause (c) (4) or (5) of
17 Section 29B-1 of the Criminal Code of 1961 or the Criminal
18 Code of 2012, or a Class X felony conviction for delivery
19 of a controlled substance, possession of a controlled
20 substance with intent to manufacture or deliver,
21 calculated criminal drug conspiracy, criminal drug
22 conspiracy, street gang criminal drug conspiracy,
23 participation in methamphetamine manufacturing, aggravated
24 participation in methamphetamine manufacturing, delivery
25 of methamphetamine, possession with intent to deliver
26 methamphetamine, aggravated delivery of methamphetamine,

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1 aggravated possession with intent to deliver
2 methamphetamine, methamphetamine conspiracy when the
3 substance containing the controlled substance or
4 methamphetamine is 100 grams or more shall receive no more
5 than 7.5 days sentence credit for each month of his or her
6 sentence of imprisonment;
7 (vi) that a prisoner serving a sentence for a second or
8 subsequent offense of luring a minor shall receive no more
9 than 4.5 days of sentence credit for each month of his or
10 her sentence of imprisonment; and
11 (vii) that a prisoner serving a sentence for aggravated
12 domestic battery shall receive no more than 4.5 days of
13 sentence credit for each month of his or her sentence of
14 imprisonment.
15 (2.1) For all offenses, other than those enumerated in
16subdivision (a)(2)(i), (ii), or (iii) committed on or after
17June 19, 1998 or subdivision (a)(2)(iv) committed on or after
18June 23, 2005 (the effective date of Public Act 94-71) or
19subdivision (a)(2)(v) committed on or after August 13, 2007
20(the effective date of Public Act 95-134) or subdivision
21(a)(2)(vi) committed on or after June 1, 2008 (the effective
22date of Public Act 95-625) or subdivision (a)(2)(vii) committed
23on or after July 23, 2010 (the effective date of Public Act
2496-1224), and other than the offense of aggravated driving
25under the influence of alcohol, other drug or drugs, or
26intoxicating compound or compounds, or any combination thereof

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1as defined in subparagraph (F) of paragraph (1) of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code, and other
3than the offense of aggravated driving under the influence of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds, or any combination thereof as defined in
6subparagraph (C) of paragraph (1) of subsection (d) of Section
711-501 of the Illinois Vehicle Code committed on or after
8January 1, 2011 (the effective date of Public Act 96-1230), the
9rules and regulations shall provide that a prisoner who is
10serving a term of imprisonment shall receive one day of
11sentence credit for each day of his or her sentence of
12imprisonment or recommitment under Section 3-3-9. Each day of
13sentence credit shall reduce by one day the prisoner's period
14of imprisonment or recommitment under Section 3-3-9.
15 (2.2) A prisoner serving a term of natural life
16imprisonment or a prisoner who has been sentenced to death
17shall receive no sentence credit.
18 (2.3) The rules and regulations on sentence credit shall
19provide that a prisoner who is serving a sentence for
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds, or any
22combination thereof as defined in subparagraph (F) of paragraph
23(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
24Code, shall receive no more than 4.5 days of sentence credit
25for each month of his or her sentence of imprisonment.
26 (2.4) The rules and regulations on sentence credit shall

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1provide with respect to the offenses of aggravated battery with
2a machine gun or a firearm equipped with any device or
3attachment designed or used for silencing the report of a
4firearm or aggravated discharge of a machine gun or a firearm
5equipped with any device or attachment designed or used for
6silencing the report of a firearm, committed on or after July
715, 1999 (the effective date of Public Act 91-121), that a
8prisoner serving a sentence for any of these offenses shall
9receive no more than 4.5 days of sentence credit for each month
10of his or her sentence of imprisonment.
11 (2.5) The rules and regulations on sentence credit shall
12provide that a prisoner who is serving a sentence for
13aggravated arson committed on or after July 27, 2001 (the
14effective date of Public Act 92-176) shall receive no more than
154.5 days of sentence credit for each month of his or her
16sentence of imprisonment.
17 (2.6) The rules and regulations on sentence credit shall
18provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds or any
21combination thereof as defined in subparagraph (C) of paragraph
22(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
23Code committed on or after January 1, 2011 (the effective date
24of Public Act 96-1230) shall receive no more than 4.5 days of
25sentence credit for each month of his or her sentence of
26imprisonment.

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1 (3) The rules and regulations shall also provide that the
2Director may award up to 180 days additional sentence credit
3for good conduct in specific instances as the Director deems
4proper. The good conduct may include, but is not limited to,
5compliance with the rules and regulations of the Department,
6service to the Department, service to a community, or service
7to the State. However, the Director shall not award more than
890 days of sentence credit for good conduct to any prisoner who
9is serving a sentence for conviction of first degree murder,
10reckless homicide while under the influence of alcohol or any
11other drug, or aggravated driving under the influence of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof as defined in
14subparagraph (F) of paragraph (1) of subsection (d) of Section
1511-501 of the Illinois Vehicle Code, aggravated kidnapping,
16kidnapping, predatory criminal sexual assault of a child,
17aggravated criminal sexual assault, criminal sexual assault,
18deviate sexual assault, aggravated criminal sexual abuse,
19aggravated indecent liberties with a child, indecent liberties
20with a child, child pornography, heinous battery as described
21in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
22aggravated battery of a spouse, aggravated battery of a spouse
23with a firearm, stalking, aggravated stalking, aggravated
24battery of a child as described in Section 12-4.3 or
25subdivision (b)(1) of Section 12-3.05, endangering the life or
26health of a child, or cruelty to a child. Notwithstanding the

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1foregoing, sentence credit for good conduct shall not be
2awarded on a sentence of imprisonment imposed for conviction
3of: (i) one of the offenses enumerated in subdivision
4(a)(2)(i), (ii), or (iii) when the offense is committed on or
5after June 19, 1998 or subdivision (a)(2)(iv) when the offense
6is committed on or after June 23, 2005 (the effective date of
7Public Act 94-71) or subdivision (a)(2)(v) when the offense is
8committed on or after August 13, 2007 (the effective date of
9Public Act 95-134) or subdivision (a)(2)(vi) when the offense
10is committed on or after June 1, 2008 (the effective date of
11Public Act 95-625) or subdivision (a)(2)(vii) when the offense
12is committed on or after July 23, 2010 (the effective date of
13Public Act 96-1224), (ii) aggravated driving under the
14influence of alcohol, other drug or drugs, or intoxicating
15compound or compounds, or any combination thereof as defined in
16subparagraph (F) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code, (iii) one of the offenses
18enumerated in subdivision (a)(2.4) when the offense is
19committed on or after July 15, 1999 (the effective date of
20Public Act 91-121), (iv) aggravated arson when the offense is
21committed on or after July 27, 2001 (the effective date of
22Public Act 92-176), (v) offenses that may subject the offender
23to commitment under the Sexually Violent Persons Commitment
24Act, or (vi) aggravated driving under the influence of alcohol,
25other drug or drugs, or intoxicating compound or compounds or
26any combination thereof as defined in subparagraph (C) of

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1paragraph (1) of subsection (d) of Section 11-501 of the
2Illinois Vehicle Code committed on or after January 1, 2011
3(the effective date of Public Act 96-1230).
4 Eligible inmates for an award of sentence credit under this
5paragraph (3) may be selected to receive the credit at the
6Director's or his or her designee's sole discretion.
7Consideration may be based on, but not limited to, any
8available risk assessment analysis on the inmate, any history
9of conviction for violent crimes as defined by the Rights of
10Crime Victims and Witnesses Act, facts and circumstances of the
11inmate's holding offense or offenses, and the potential for
12rehabilitation.
13 The Director shall not award sentence credit under this
14paragraph (3) to an inmate unless the inmate has served a
15minimum of 60 days of the sentence; except nothing in this
16paragraph shall be construed to permit the Director to extend
17an inmate's sentence beyond that which was imposed by the
18court. Prior to awarding credit under this paragraph (3), the
19Director shall make a written determination that the inmate:
20 (A) is eligible for the sentence credit;
21 (B) has served a minimum of 60 days, or as close to 60
22 days as the sentence will allow; and
23 (C) has met the eligibility criteria established by
24 rule.
25 The Director shall determine the form and content of the
26written determination required in this subsection.

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1 (3.5) The Department shall provide annual written reports
2to the Governor and the General Assembly on the award of
3sentence credit for good conduct, with the first report due
4January 1, 2014. The Department must publish both reports on
5its website within 48 hours of transmitting the reports to the
6Governor and the General Assembly. The reports must include:
7 (A) the number of inmates awarded sentence credit for
8 good conduct;
9 (B) the average amount of sentence credit for good
10 conduct awarded;
11 (C) the holding offenses of inmates awarded sentence
12 credit for good conduct; and
13 (D) the number of sentence credit for good conduct
14 revocations.
15 (4) The rules and regulations shall also provide that the
16sentence credit accumulated and retained under paragraph (2.1)
17of subsection (a) of this Section by any inmate during specific
18periods of time in which such inmate is engaged full-time in
19substance abuse programs, correctional industry assignments,
20educational programs, behavior modification programs, life
21skills courses, or re-entry planning provided by the Department
22under this paragraph (4) and satisfactorily completes the
23assigned program as determined by the standards of the
24Department, shall be multiplied by a factor of 1.25 for program
25participation before August 11, 1993 and 1.50 for program
26participation on or after that date. The rules and regulations

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1shall also provide that sentence credit, subject to the same
2offense limits and multiplier provided in this paragraph, may
3be provided to an inmate who was held in pre-trial detention
4prior to his or her current commitment to the Department of
5Corrections and successfully completed a full-time, 60-day or
6longer substance abuse program, educational program, behavior
7modification program, life skills course, or re-entry planning
8provided by the county department of corrections or county
9jail. Calculation of this county program credit shall be done
10at sentencing as provided in Section 5-4.5-100 of this Code and
11shall be included in the sentencing order. However, no inmate
12shall be eligible for the additional sentence credit under this
13paragraph (4) or (4.1) of this subsection (a) while assigned to
14a boot camp or electronic detention, or if convicted of an
15offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
16this Section that is committed on or after June 19, 1998 or
17subdivision (a)(2)(iv) of this Section that is committed on or
18after June 23, 2005 (the effective date of Public Act 94-71) or
19subdivision (a)(2)(v) of this Section that is committed on or
20after August 13, 2007 (the effective date of Public Act 95-134)
21or subdivision (a)(2)(vi) when the offense is committed on or
22after June 1, 2008 (the effective date of Public Act 95-625) or
23subdivision (a)(2)(vii) when the offense is committed on or
24after July 23, 2010 (the effective date of Public Act 96-1224),
25or if convicted of aggravated driving under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

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1compounds or any combination thereof as defined in subparagraph
2(F) of paragraph (1) of subsection (d) of Section 11-501 of the
3Illinois Vehicle Code, or if convicted of aggravated driving
4under the influence of alcohol, other drug or drugs, or
5intoxicating compound or compounds or any combination thereof
6as defined in subparagraph (C) of paragraph (1) of subsection
7(d) of Section 11-501 of the Illinois Vehicle Code committed on
8or after January 1, 2011 (the effective date of Public Act
996-1230), or if convicted of an offense enumerated in paragraph
10(a)(2.4) of this Section that is committed on or after July 15,
111999 (the effective date of Public Act 91-121), or first degree
12murder, a Class X felony, criminal sexual assault, felony
13criminal sexual abuse, aggravated criminal sexual abuse,
14aggravated battery with a firearm as described in Section
1512-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
16Section 12-3.05, or any predecessor or successor offenses with
17the same or substantially the same elements, or any inchoate
18offenses relating to the foregoing offenses. No inmate shall be
19eligible for the additional good conduct credit under this
20paragraph (4) who (i) has previously received increased good
21conduct credit under this paragraph (4) and has subsequently
22been convicted of a felony, or (ii) has previously served more
23than one prior sentence of imprisonment for a felony in an
24adult correctional facility.
25 Educational, vocational, substance abuse, behavior
26modification programs, life skills courses, re-entry planning,

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

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1pursuant to the guidelines and restrictions set forth in
2paragraph (4) of subsection (a) of this Section. The sentence
3credit provided for in this paragraph shall be available only
4to those prisoners who have not previously earned a high school
5diploma or a high school equivalency certificate. If, after an
6award of the high school equivalency testing sentence credit
7has been made, the Department determines that the prisoner was
8not eligible, then the award shall be revoked. The Department
9may also award 90 days of sentence credit to any committed
10person who passed high school equivalency testing while he or
11she was held in pre-trial detention prior to the current
12commitment to the Department of Corrections.
13 (4.5) The rules and regulations on sentence credit shall
14also provide that when the court's sentencing order recommends
15a prisoner for substance abuse treatment and the crime was
16committed on or after September 1, 2003 (the effective date of
17Public Act 93-354), the prisoner shall receive no sentence
18credit awarded under clause (3) of this subsection (a) unless
19he or she participates in and completes a substance abuse
20treatment program. The Director may waive the requirement to
21participate in or complete a substance abuse treatment program
22and award the sentence credit in specific instances if the
23prisoner is not a good candidate for a substance abuse
24treatment program for medical, programming, or operational
25reasons. Availability of substance abuse treatment shall be
26subject to the limits of fiscal resources appropriated by the

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1General Assembly for these purposes. If treatment is not
2available and the requirement to participate and complete the
3treatment has not been waived by the Director, the prisoner
4shall be placed on a waiting list under criteria established by
5the Department. The Director may allow a prisoner placed on a
6waiting list to participate in and complete a substance abuse
7education class or attend substance abuse self-help meetings in
8lieu of a substance abuse treatment program. A prisoner on a
9waiting list who is not placed in a substance abuse program
10prior to release may be eligible for a waiver and receive
11sentence credit under clause (3) of this subsection (a) at the
12discretion of the Director.
13 (4.6) The rules and regulations on sentence credit shall
14also provide that a prisoner who has been convicted of a sex
15offense as defined in Section 2 of the Sex Offender
16Registration Act shall receive no sentence credit unless he or
17she either has successfully completed or is participating in
18sex offender treatment as defined by the Sex Offender
19Management Board. However, prisoners who are waiting to receive
20treatment, but who are unable to do so due solely to the lack
21of resources on the part of the Department, may, at the
22Director's sole discretion, be awarded sentence credit at a
23rate as the Director shall determine.
24 (5) Whenever the Department is to release any inmate
25earlier than it otherwise would because of a grant of sentence
26credit for good conduct under paragraph (3) of subsection (a)

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1of this Section given at any time during the term, the
2Department shall give reasonable notice of the impending
3release not less than 14 days prior to the date of the release
4to the State's Attorney of the county where the prosecution of
5the inmate took place, and if applicable, the State's Attorney
6of the county into which the inmate will be released. The
7Department must also make identification information and a
8recent photo of the inmate being released accessible on the
9Internet by means of a hyperlink labeled "Community
10Notification of Inmate Early Release" on the Department's World
11Wide Web homepage. The identification information shall
12include the inmate's: name, any known alias, date of birth,
13physical characteristics, commitment offense and county where
14conviction was imposed. The identification information shall
15be placed on the website within 3 days of the inmate's release
16and the information may not be removed until either: completion
17of the first year of mandatory supervised release or return of
18the inmate to custody of the Department.
19 (b) Whenever a person is or has been committed under
20several convictions, with separate sentences, the sentences
21shall be construed under Section 5-8-4 in granting and
22forfeiting of sentence credit.
23 (c) The Department shall prescribe rules and regulations
24for revoking sentence credit, including revoking sentence
25credit awarded for good conduct under paragraph (3) of
26subsection (a) of this Section. The Department shall prescribe

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1rules and regulations for suspending or reducing the rate of
2accumulation of sentence credit for specific rule violations,
3during imprisonment. These rules and regulations shall provide
4that no inmate may be penalized more than one year of sentence
5credit for any one infraction.
6 When the Department seeks to revoke, suspend or reduce the
7rate of accumulation of any sentence credits for an alleged
8infraction of its rules, it shall bring charges therefor
9against the prisoner sought to be so deprived of sentence
10credits before the Prisoner Review Board as provided in
11subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12amount of credit at issue exceeds 30 days or when during any 12
13month period, the cumulative amount of credit revoked exceeds
1430 days except where the infraction is committed or discovered
15within 60 days of scheduled release. In those cases, the
16Department of Corrections may revoke up to 30 days of sentence
17credit. The Board may subsequently approve the revocation of
18additional sentence credit, if the Department seeks to revoke
19sentence credit in excess of 30 days. However, the Board shall
20not be empowered to review the Department's decision with
21respect to the loss of 30 days of sentence credit within any
22calendar year for any prisoner or to increase any penalty
23beyond the length requested by the Department.
24 The Director of the Department of Corrections, in
25appropriate cases, may restore up to 30 days of sentence
26credits which have been revoked, suspended or reduced. Any

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1restoration of sentence credits in excess of 30 days shall be
2subject to review by the Prisoner Review Board. However, the
3Board may not restore sentence credit in excess of the amount
4requested by the Director.
5 Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10 (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of Corrections,
12or the Prisoner Review Board, or against any of their officers
13or employees, and the court makes a specific finding that a
14pleading, motion, or other paper filed by the prisoner is
15frivolous, the Department of Corrections shall conduct a
16hearing to revoke up to 180 days of sentence credit by bringing
17charges against the prisoner sought to be deprived of the
18sentence credits before the Prisoner Review Board as provided
19in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
20prisoner has not accumulated 180 days of sentence credit at the
21time of the finding, then the Prisoner Review Board may revoke
22all sentence credit accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or other
25 filing which purports to be a legal document filed by a
26 prisoner in his or her lawsuit meets any or all of the

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1 following criteria:
2 (A) it lacks an arguable basis either in law or in
3 fact;
4 (B) it is being presented for any improper purpose,
5 such as to harass or to cause unnecessary delay or
6 needless increase in the cost of litigation;
7 (C) the claims, defenses, and other legal
8 contentions therein are not warranted by existing law
9 or by a nonfrivolous argument for the extension,
10 modification, or reversal of existing law or the
11 establishment of new law;
12 (D) the allegations and other factual contentions
13 do not have evidentiary support or, if specifically so
14 identified, are not likely to have evidentiary support
15 after a reasonable opportunity for further
16 investigation or discovery; or
17 (E) the denials of factual contentions are not
18 warranted on the evidence, or if specifically so
19 identified, are not reasonably based on a lack of
20 information or belief.
21 (2) "Lawsuit" means a motion pursuant to Section 116-3
22 of the Code of Criminal Procedure of 1963, a habeas corpus
23 action under Article X of the Code of Civil Procedure or
24 under federal law (28 U.S.C. 2254), a petition for claim
25 under the Court of Claims Act, an action under the federal
26 Civil Rights Act (42 U.S.C. 1983), or a second or

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1 subsequent petition for post-conviction relief under
2 Article 122 of the Code of Criminal Procedure of 1963
3 whether filed with or without leave of court or a second or
4 subsequent petition for relief from judgment under Section
5 2-1401 of the Code of Civil Procedure.
6 (e) Nothing in Public Act 90-592 or 90-593 affects the
7validity of Public Act 89-404.
8 (f) Whenever the Department is to release any inmate who
9has been convicted of a violation of an order of protection
10under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11the Criminal Code of 2012, earlier than it otherwise would
12because of a grant of sentence credit, the Department, as a
13condition of release, shall require that the person, upon
14release, be placed under electronic surveillance as provided in
15Section 5-8A-7 of this Code.
16(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
17eff. 1-1-16; 99-642, eff. 7-28-16.)
18 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
19 Sec. 5-4-1. Sentencing Hearing.
20 (a) Except when the death penalty is sought under hearing
21procedures otherwise specified, after a determination of
22guilt, a hearing shall be held to impose the sentence. However,
23prior to the imposition of sentence on an individual being
24sentenced for an offense based upon a charge for a violation of
25Section 11-501 of the Illinois Vehicle Code or a similar

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1provision of a local ordinance, the individual must undergo a
2professional evaluation to determine if an alcohol or other
3drug abuse problem exists and the extent of such a problem.
4Programs conducting these evaluations shall be licensed by the
5Department of Human Services. However, if the individual is not
6a resident of Illinois, the court may, in its discretion,
7accept an evaluation from a program in the state of such
8individual's residence. The court may in its sentencing order
9approve an eligible defendant for placement in a Department of
10Corrections impact incarceration program as provided in
11Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
12order recommend a defendant for placement in a Department of
13Corrections substance abuse treatment program as provided in
14paragraph (a) of subsection (1) of Section 3-2-2 conditioned
15upon the defendant being accepted in a program by the
16Department of Corrections. At the hearing the court shall:
17 (1) consider the evidence, if any, received upon the
18 trial;
19 (2) consider any presentence reports;
20 (3) consider the financial impact of incarceration
21 based on the financial impact statement filed with the
22 clerk of the court by the Department of Corrections;
23 (4) consider evidence and information offered by the
24 parties in aggravation and mitigation;
25 (4.5) consider substance abuse treatment, eligibility
26 screening, and an assessment, if any, of the defendant by

HB3496- 23 -LRB100 10515 RLC 20730 b
1 an agent designated by the State of Illinois to provide
2 assessment services for the Illinois courts;
3 (5) hear arguments as to sentencing alternatives;
4 (6) afford the defendant the opportunity to make a
5 statement in his own behalf;
6 (7) afford the victim of a violent crime or a violation
7 of Section 11-501 of the Illinois Vehicle Code, or a
8 similar provision of a local ordinance, or a qualified
9 individual affected by: (i) a violation of Section 405,
10 405.1, 405.2, or 407 of the Illinois Controlled Substances
11 Act or a violation of Section 55 or Section 65 of the
12 Methamphetamine Control and Community Protection Act, or
13 (ii) a Class 4 felony violation of Section 11-14, 11-14.3
14 except as described in subdivisions (a)(2)(A) and
15 (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
16 Criminal Code of 1961 or the Criminal Code of 2012,
17 committed by the defendant the opportunity to make a
18 statement concerning the impact on the victim and to offer
19 evidence in aggravation or mitigation; provided that the
20 statement and evidence offered in aggravation or
21 mitigation must first be prepared in writing in conjunction
22 with the State's Attorney before it may be presented orally
23 at the hearing. Any sworn testimony offered by the victim
24 is subject to the defendant's right to cross-examine. All
25 statements and evidence offered under this paragraph (7)
26 shall become part of the record of the court. For the

HB3496- 24 -LRB100 10515 RLC 20730 b
1 purpose of this paragraph (7), "qualified individual"
2 means any person who (i) lived or worked within the
3 territorial jurisdiction where the offense took place when
4 the offense took place; and (ii) is familiar with various
5 public places within the territorial jurisdiction where
6 the offense took place when the offense took place. For the
7 purposes of this paragraph (7), "qualified individual"
8 includes any peace officer, or any member of any duly
9 organized State, county, or municipal peace unit assigned
10 to the territorial jurisdiction where the offense took
11 place when the offense took place;
12 (8) in cases of reckless homicide afford the victim's
13 spouse, guardians, parents or other immediate family
14 members an opportunity to make oral statements;
15 (9) in cases involving a felony sex offense as defined
16 under the Sex Offender Management Board Act, consider the
17 results of the sex offender evaluation conducted pursuant
18 to Section 5-3-2 of this Act; and
19 (10) make a finding of whether a motor vehicle was used
20 in the commission of the offense for which the defendant is
21 being sentenced.
22 (b) All sentences shall be imposed by the judge based upon
23his independent assessment of the elements specified above and
24any agreement as to sentence reached by the parties. The judge
25who presided at the trial or the judge who accepted the plea of
26guilty shall impose the sentence unless he is no longer sitting

HB3496- 25 -LRB100 10515 RLC 20730 b
1as a judge in that court. Where the judge does not impose
2sentence at the same time on all defendants who are convicted
3as a result of being involved in the same offense, the
4defendant or the State's Attorney may advise the sentencing
5court of the disposition of any other defendants who have been
6sentenced.
7 (b-1) In imposing a sentence of imprisonment or periodic
8imprisonment for a Class 3 or Class 4 felony for which a
9sentence of probation or conditional discharge is an available
10sentence, if the defendant has no prior sentence of probation
11or conditional discharge and no prior conviction for a violent
12crime, the defendant shall not be sentenced to imprisonment
13before review and consideration of a presentence report and
14determination and explanation of why the particular evidence,
15information, factor in aggravation, factual finding, or other
16reasons support a sentencing determination that one or more of
17the factors under subsection (a) of Section 5-6-1 of this Code
18apply and that probation or conditional discharge is not an
19appropriate sentence.
20 (c) In imposing a sentence for a violent crime or for an
21offense of operating or being in physical control of a vehicle
22while under the influence of alcohol, any other drug or any
23combination thereof, or a similar provision of a local
24ordinance, when such offense resulted in the personal injury to
25someone other than the defendant, the trial judge shall specify
26on the record the particular evidence, information, factors in

HB3496- 26 -LRB100 10515 RLC 20730 b
1mitigation and aggravation or other reasons that led to his
2sentencing determination. The full verbatim record of the
3sentencing hearing shall be filed with the clerk of the court
4and shall be a public record.
5 (c-1) In imposing a sentence for the offense of aggravated
6kidnapping for ransom, home invasion, armed robbery,
7aggravated vehicular hijacking, aggravated discharge of a
8firearm, or armed violence with a category I weapon or category
9II weapon, the trial judge shall make a finding as to whether
10the conduct leading to conviction for the offense resulted in
11great bodily harm to a victim, and shall enter that finding and
12the basis for that finding in the record.
13 (c-2) If the defendant is sentenced to prison, other than
14when a sentence of natural life imprisonment or a sentence of
15death is imposed, at the time the sentence is imposed the judge
16shall state on the record in open court the approximate period
17of time the defendant will serve in custody according to the
18then current statutory rules and regulations for sentence
19credit found in Section 3-6-3 and other related provisions of
20this Code. This statement is intended solely to inform the
21public, has no legal effect on the defendant's actual release,
22and may not be relied on by the defendant on appeal.
23 The judge's statement, to be given after pronouncing the
24sentence, other than when the sentence is imposed for one of
25the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
26shall include the following:

HB3496- 27 -LRB100 10515 RLC 20730 b
1 "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, assuming the defendant receives all of his or her
8sentence credit, the period of estimated actual custody is ...
9years and ... months, less up to 180 days additional sentence
10credit for good conduct. If the defendant, because of his or
11her own misconduct or failure to comply with the institutional
12regulations, does not receive those credits, the actual time
13served in prison will be longer. The defendant may also receive
14an additional one-half day sentence credit for each day of
15participation in vocational, industry, substance abuse, and
16educational programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18enumerated in paragraph (a)(3) of Section 3-6-3, other than
19when the sentence is imposed for one of the offenses enumerated
20in paragraph (a)(2) of Section 3-6-3 committed on or after June
2119, 1998, and other than when the sentence is imposed for
22reckless homicide as defined in subsection (e) of Section 9-3
23of the Criminal Code of 1961 or the Criminal Code of 2012 if
24the offense was committed on or after January 1, 1999, and
25other than when the sentence is imposed for aggravated arson if
26the offense was committed on or after July 27, 2001 (the

HB3496- 28 -LRB100 10515 RLC 20730 b
1effective date of Public Act 92-176), and other than when the
2sentence is imposed for aggravated driving under the influence
3of alcohol, other drug or drugs, or intoxicating compound or
4compounds, or any combination thereof as defined in
5subparagraph (C) of paragraph (1) of subsection (d) of Section
611-501 of the Illinois Vehicle Code committed on or after
7January 1, 2011 (the effective date of Public Act 96-1230), the
8judge's statement, to be given after pronouncing the sentence,
9shall include the following:
10 "The purpose of this statement is to inform the public of
11the actual period of time this defendant is likely to spend in
12prison as a result of this sentence. The actual period of
13prison time served is determined by the statutes of Illinois as
14applied to this sentence by the Illinois Department of
15Corrections and the Illinois Prisoner Review Board. In this
16case, assuming the defendant receives all of his or her
17sentence credit, the period of estimated actual custody is ...
18years and ... months, less up to 90 days additional sentence
19credit for good conduct. If the defendant, because of his or
20her own misconduct or failure to comply with the institutional
21regulations, does not receive those credits, the actual time
22served in prison will be longer. The defendant may also receive
23an additional one-half day sentence credit for each day of
24participation in vocational, industry, substance abuse, and
25educational programs as provided for by Illinois statute."
26 When the sentence is imposed for one of the offenses

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1enumerated in paragraph (a)(2) of Section 3-6-3, other than
2first degree murder, and the offense was committed on or after
3June 19, 1998, and when the sentence is imposed for reckless
4homicide as defined in subsection (e) of Section 9-3 of the
5Criminal Code of 1961 or the Criminal Code of 2012 if the
6offense was committed on or after January 1, 1999, and when the
7sentence is imposed for aggravated driving under the influence
8of alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof as defined in
10subparagraph (F) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code, and when the sentence is
12imposed for aggravated arson if the offense was committed on or
13after July 27, 2001 (the effective date of Public Act 92-176),
14and when the sentence is imposed for aggravated driving under
15the influence of alcohol, other drug or drugs, or intoxicating
16compound or compounds, or any combination thereof as defined in
17subparagraph (C) of paragraph (1) of subsection (d) of Section
1811-501 of the Illinois Vehicle Code committed on or after
19January 1, 2011 (the effective date of Public Act 96-1230), the
20judge's statement, to be given after pronouncing the sentence,
21shall include the following:
22 "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

HB3496- 30 -LRB100 10515 RLC 20730 b
1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is entitled to no more than 4 1/2 days of
3sentence credit for each month of his or her sentence of
4imprisonment. Therefore, this defendant will serve at least 85%
5of his or her sentence. Assuming the defendant receives 4 1/2
6days credit for each month of his or her sentence, the period
7of estimated actual custody is ... years and ... months. If the
8defendant, because of his or her own misconduct or failure to
9comply with the institutional regulations receives lesser
10credit, the actual time served in prison will be longer."
11 When a sentence of imprisonment is imposed for first degree
12murder and the offense was committed on or after June 19, 1998,
13the judge's statement, to be given after pronouncing the
14sentence, shall include the following:
15 "The purpose of this statement is to inform the public of
16the actual period of time this defendant is likely to spend in
17prison as a result of this sentence. The actual period of
18prison time served is determined by the statutes of Illinois as
19applied to this sentence by the Illinois Department of
20Corrections and the Illinois Prisoner Review Board. In this
21case, the defendant is not entitled to sentence credit.
22Therefore, this defendant will serve 100% of his or her
23sentence."
24 When a sentence of imprisonment is imposed for predatory
25criminal sexual assault of a child, aggravated kidnapping under
26subdivision (a)(2) of Section 10-2 of the Criminal Code of

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12012, a second or subsequent offense of luring of a minor, or
2aggravated battery under subdivision (b)(1) of Section 12-3.05
3of the Criminal Code of 2012 and the offense was committed on
4or after the effective date of this amendatory Act of the 100th
5General Assembly, the judge's statement, to be given after
6pronouncing the sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois as
11applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, the defendant is not entitled to sentence credit.
14Therefore, this defendant will serve 100% of his or her
15sentence."
16 When the sentencing order recommends placement in a
17substance abuse program for any offense that results in
18incarceration in a Department of Corrections facility and the
19crime was committed on or after September 1, 2003 (the
20effective date of Public Act 93-354), the judge's statement, in
21addition to any other judge's statement required under this
22Section, to be given after pronouncing the sentence, shall
23include the following:
24 "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

HB3496- 32 -LRB100 10515 RLC 20730 b
1prison time served is determined by the statutes of Illinois as
2applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, the defendant shall receive no sentence credit for good
5conduct under clause (3) of subsection (a) of Section 3-6-3
6until he or she participates in and completes a substance abuse
7treatment program or receives a waiver from the Director of
8Corrections pursuant to clause (4.5) of subsection (a) of
9Section 3-6-3."
10 (c-4) Before the sentencing hearing and as part of the
11presentence investigation under Section 5-3-1, the court shall
12inquire of the defendant whether the defendant is currently
13serving in or is a veteran of the Armed Forces of the United
14States. If the defendant is currently serving in the Armed
15Forces of the United States or is a veteran of the Armed Forces
16of the United States and has been diagnosed as having a mental
17illness by a qualified psychiatrist or clinical psychologist or
18physician, the court may:
19 (1) order that the officer preparing the presentence
20 report consult with the United States Department of
21 Veterans Affairs, Illinois Department of Veterans'
22 Affairs, or another agency or person with suitable
23 knowledge or experience for the purpose of providing the
24 court with information regarding treatment options
25 available to the defendant, including federal, State, and
26 local programming; and

HB3496- 33 -LRB100 10515 RLC 20730 b
1 (2) consider the treatment recommendations of any
2 diagnosing or treating mental health professionals
3 together with the treatment options available to the
4 defendant in imposing sentence.
5 For the purposes of this subsection (c-4), "qualified
6psychiatrist" means a reputable physician licensed in Illinois
7to practice medicine in all its branches, who has specialized
8in the diagnosis and treatment of mental and nervous disorders
9for a period of not less than 5 years.
10 (c-6) In imposing a sentence, the trial judge shall
11specify, on the record, the particular evidence and other
12reasons which led to his or her determination that a motor
13vehicle was used in the commission of the offense.
14 (d) When the defendant is committed to the Department of
15Corrections, the State's Attorney shall and counsel for the
16defendant may file a statement with the clerk of the court to
17be transmitted to the department, agency or institution to
18which the defendant is committed to furnish such department,
19agency or institution with the facts and circumstances of the
20offense for which the person was committed together with all
21other factual information accessible to them in regard to the
22person prior to his commitment relative to his habits,
23associates, disposition and reputation and any other facts and
24circumstances which may aid such department, agency or
25institution during its custody of such person. The clerk shall
26within 10 days after receiving any such statements transmit a

HB3496- 34 -LRB100 10515 RLC 20730 b
1copy to such department, agency or institution and a copy to
2the other party, provided, however, that this shall not be
3cause for delay in conveying the person to the department,
4agency or institution to which he has been committed.
5 (e) The clerk of the court shall transmit to the
6department, agency or institution, if any, to which the
7defendant is committed, the following:
8 (1) the sentence imposed;
9 (2) any statement by the court of the basis for
10 imposing the sentence;
11 (3) any presentence reports;
12 (3.5) any sex offender evaluations;
13 (3.6) any substance abuse treatment eligibility
14 screening and assessment of the defendant by an agent
15 designated by the State of Illinois to provide assessment
16 services for the Illinois courts;
17 (4) the number of days, if any, which the defendant has
18 been in custody and for which he is entitled to credit
19 against the sentence, which information shall be provided
20 to the clerk by the sheriff;
21 (4.1) any finding of great bodily harm made by the
22 court with respect to an offense enumerated in subsection
23 (c-1);
24 (5) all statements filed under subsection (d) of this
25 Section;
26 (6) any medical or mental health records or summaries

HB3496- 35 -LRB100 10515 RLC 20730 b
1 of the defendant;
2 (7) the municipality where the arrest of the offender
3 or the commission of the offense has occurred, where such
4 municipality has a population of more than 25,000 persons;
5 (8) all statements made and evidence offered under
6 paragraph (7) of subsection (a) of this Section; and
7 (9) all additional matters which the court directs the
8 clerk to transmit.
9 (f) In cases in which the court finds that a motor vehicle
10was used in the commission of the offense for which the
11defendant is being sentenced, the clerk of the court shall,
12within 5 days thereafter, forward a report of such conviction
13to the Secretary of State.
14(Source: P.A. 99-861, eff. 1-1-17.)
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