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| Public Act 097-0990
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| HB5121 Enrolled | LRB097 18008 RLC 63231 b |
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AN ACT concerning corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 3-6-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and Regulations for Early Release.
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(a) (1) The Department of Corrections shall prescribe |
rules
and regulations for the early release on account of |
good
conduct of persons committed to the Department which |
shall
be subject to review by the Prisoner Review Board.
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(2) The rules and regulations on early release 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 |
offenses listed in clause (v) of this paragraph (2) |
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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 the effective date of this amendatory |
Act of the 97th General Assembly, the following:
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(i) that a prisoner who is serving a term of |
imprisonment for first
degree murder or for the offense |
of terrorism shall receive no good conduct
credit and |
shall serve the entire
sentence imposed by the court;
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(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
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battery of a senior citizen as described in Section |
12-4.6 or subdivision (a)(4) of Section 12-3.05, or |
aggravated battery of a child as described in Section |
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12-4.3 or subdivision (b)(1) of Section 12-3.05 shall |
receive no
more than 4.5 days of good conduct credit |
for each month of his or her sentence
of imprisonment;
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(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 good |
conduct credit for each month of his or her sentence of |
imprisonment;
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(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 good conduct credit for each |
month of his or her sentence of imprisonment;
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(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 |
laundering pursuant to clause (c) (4) or (5) of Section |
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29B-1 of the Criminal Code of 1961, 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 good conduct credit for each |
month of his or her sentence of imprisonment;
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(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 good conduct credit |
for each month of his or her sentence of imprisonment; |
and
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(vii) that a prisoner serving a sentence for |
aggravated domestic battery shall receive no more than |
4.5 days of good conduct credit for each month of his |
or her sentence of imprisonment.
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(2.1) For all offenses, other than those enumerated in |
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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)
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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
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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
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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 good conduct credit for each day of
his |
or her sentence of imprisonment or recommitment under |
Section 3-3-9.
Each day of good conduct credit shall reduce |
by one day the prisoner's period
of imprisonment or |
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recommitment under Section 3-3-9.
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(2.2) A prisoner serving a term of natural life |
imprisonment or a
prisoner who has been sentenced to death |
shall receive no good conduct
credit.
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(2.3) The rules and regulations on early release 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 good conduct credit for each month of his or her |
sentence of
imprisonment.
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(2.4) The rules and regulations on early release 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 good |
conduct credit for each month of his or her sentence
of |
imprisonment.
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(2.5) The rules and regulations on early release shall |
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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 good conduct credit for each month of his |
or her sentence of
imprisonment.
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(2.6) The rules and regulations on early release 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 good conduct credit for each month of |
his or her sentence of
imprisonment.
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(3) The rules and regulations shall also provide that
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the Director may award up to 180 days additional good |
conduct
credit for meritorious service in specific |
instances as the
Director deems proper; except that no more |
than 90 days
of good conduct credit for meritorious service
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shall be awarded to any prisoner who is serving a sentence |
for
conviction of first degree murder, reckless homicide |
while 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 |
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paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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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, good |
conduct credit for
meritorious service 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 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 |
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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).
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The Director shall not award good conduct credit for |
meritorious service 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 |
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shall make a written determination that the inmate: |
(A) is eligible for good conduct credit for |
meritorious service; |
(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.
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(4) The rules and regulations shall also provide that |
the good conduct
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, or educational programs |
provided by the Department
under this paragraph (4) and |
satisfactorily completes the assigned program as
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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.
However, no inmate shall be eligible |
for the additional good conduct 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 |
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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
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
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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 |
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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
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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.
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Educational, vocational, substance abuse and |
correctional
industry programs under which good conduct |
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.
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Availability of these programs shall be subject to the
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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 |
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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
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agent of the Department shall be liable for damages to the |
inmate.
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(4.1) The rules and regulations shall also provide that |
an additional 60 days of good conduct credit shall be |
awarded to any prisoner who passes the high school level |
Test of General Educational Development (GED) while the |
prisoner is incarcerated. The good conduct credit awarded |
under this paragraph (4.1) shall be in addition to, and |
shall not affect, the award of good conduct 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 good conduct credit |
provided for in this paragraph shall be available only to |
those prisoners who have not previously earned a high |
school diploma or a GED. If, after an award of the GED good |
conduct credit has been made and the Department determines |
that the prisoner was not eligible, then the award shall be |
revoked.
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(4.5) The rules and regulations on early release shall |
also provide that
when the court's sentencing order |
recommends a prisoner for substance abuse treatment and the
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crime was committed on or after September 1, 2003 (the |
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effective date of
Public Act 93-354), the prisoner shall |
receive no good conduct credit awarded under clause (3) of |
this subsection (a) unless he or she participates in and
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completes a substance abuse treatment program. The |
Director may waive the requirement to participate in or |
complete a substance abuse treatment program and award the |
good conduct 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
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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
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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 good conduct |
credit under clause (3) of this subsection (a) at the |
discretion of the Director.
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(4.6) The rules and regulations on early release shall |
also provide that a prisoner who has been convicted of a |
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sex offense as defined in Section 2 of the Sex Offender |
Registration Act shall receive no good conduct 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 |
waiting to receive such 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 good conduct credit at such rate as the Director |
shall determine.
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(5) Whenever the Department is to release any inmate |
earlier than it
otherwise would because of a grant of good |
conduct credit for meritorious
service 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.
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The identification information shall include the inmate's: |
name, any known alias, date of birth, physical |
characteristics, residence address, commitment offense and |
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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.
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(b) Whenever a person is or has been committed under
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several convictions, with separate sentences, the sentences
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shall be construed under Section 5-8-4 in granting and
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forfeiting of good time.
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(c) The Department shall prescribe rules and regulations
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for revoking good conduct credit, or suspending or reducing
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rate of accumulation of good conduct credit for specific
rule |
violations, during imprisonment. These rules and regulations
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shall provide that no inmate may be penalized more than one
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year of good conduct credit for any one infraction.
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When the Department seeks to revoke, suspend or reduce
the |
rate of accumulation of any good conduct credits for
an alleged |
infraction of its rules, it shall bring charges
therefor |
against the prisoner sought to be so deprived of
good conduct |
credits before the Prisoner Review Board as
provided in |
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 |
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Department of Corrections may revoke up to 30 days of good |
conduct credit.
The Board may subsequently approve the |
revocation of additional good
conduct credit, if the Department |
seeks to revoke good conduct credit in
excess of 30 days. |
However, the Board shall not be empowered to review the
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Department's decision with respect to the loss of 30 days of |
good conduct
credit within any calendar year for any prisoner |
or to increase any penalty
beyond the length requested by the |
Department.
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The Director of the Department of Corrections, in |
appropriate cases, may
restore up to 30 days good conduct |
credits which have been revoked, suspended
or reduced. Any |
restoration of good conduct credits in excess of 30 days shall
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be subject to review by the Prisoner Review Board. However, the |
Board may not
restore good conduct credit in excess of the |
amount requested by the Director.
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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
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accumulation of good conduct credit.
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(d) If a lawsuit is filed by a prisoner in an Illinois or |
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
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pleading, motion, or other paper filed by the prisoner is |
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frivolous, the
Department of Corrections shall conduct a |
hearing to revoke up to
180 days of good conduct credit by |
bringing charges against the prisoner
sought to be deprived of |
the good conduct credits before the Prisoner Review
Board as |
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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If the prisoner has not accumulated 180 days of good conduct |
credit at the
time of the finding, then the Prisoner Review |
Board may revoke all
good conduct credit accumulated by the |
prisoner.
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For purposes of this subsection (d):
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(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:
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(A) it lacks an arguable basis either in law or in |
fact;
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(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;
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(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 |
establishment of new law;
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(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
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(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.
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(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.
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(e) Nothing in Public Act 90-592 or 90-593 affects the |
validity of Public Act 89-404.
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(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, |
earlier than it
otherwise would because of a grant of good |
conduct credit, the Department, as a condition of such early |
release, shall require that the person, upon release, be placed |
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under electronic surveillance as provided in Section 5-8A-7 of |
this Code. |
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; |
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; |
95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. |
7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, |
eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; |
97-333, eff. 8-12-11.)
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Section 99. Effective date. This Act takes effect January |
1, 2013.
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