Bill Text: IL SB2123 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that sentence credit may be awarded to a prisoner for credit earned for good conduct, certain program participation, and educational credit, but that the award of credits may not reduce the sentence of the prisoner more than 5 years. Provides that a person serving a term of natural life imprisonment may not earn sentencing credit.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-10-21 - Added as Co-Sponsor Sen. Napoleon Harris, III [SB2123 Detail]
Download: Illinois-2021-SB2123-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 3-6-3 as follows:
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6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | Sec. 3-6-3. Rules and regulations for sentence credit.
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8 | (a)(1) The Department of Corrections shall prescribe rules
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9 | and regulations for awarding and revoking sentence credit for | |||||||||||||||||||
10 | persons committed to the Department which shall
be subject to | |||||||||||||||||||
11 | review by the Prisoner Review Board.
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12 | (1.5) As otherwise provided by law, sentence credit may be | |||||||||||||||||||
13 | awarded 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 | |||||||||||||||||||
20 | community, or service to the State. | |||||||||||||||||||
21 | (2) Except as provided in paragraph (4.7) of this | |||||||||||||||||||
22 | subsection (a), the rules and regulations on sentence credit | |||||||||||||||||||
23 | shall provide, with
respect to offenses listed in clause (i), |
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1 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
2 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
3 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
4 | effective date of Public Act 94-71) or with
respect to offense | ||||||
5 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
6 | effective date of Public Act 95-625)
or with respect to the | ||||||
7 | offense of being an armed habitual criminal committed on or | ||||||
8 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
9 | or with respect to the offenses listed in clause (v) of this | ||||||
10 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
11 | effective date of Public Act 95-134) or with respect to the | ||||||
12 | offense of aggravated domestic battery committed on or after | ||||||
13 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
14 | with respect to the offense of attempt to commit terrorism | ||||||
15 | committed on or after January 1, 2013 (the effective date of | ||||||
16 | Public Act 97-990), the following:
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17 | (i) that a prisoner who is serving a term of | ||||||
18 | imprisonment for first
degree murder or for the offense of | ||||||
19 | terrorism shall receive no sentence
credit and shall serve | ||||||
20 | the entire
sentence imposed by the court;
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21 | (ii) that a prisoner serving a sentence for attempt to | ||||||
22 | commit terrorism, attempt to commit first
degree murder, | ||||||
23 | solicitation of murder, solicitation of murder for hire,
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24 | intentional homicide of an unborn child, predatory | ||||||
25 | criminal sexual assault of a
child, aggravated criminal | ||||||
26 | sexual assault, criminal sexual assault, aggravated
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1 | kidnapping, aggravated battery with a firearm as described | ||||||
2 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
3 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
4 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
5 | 12-3.05, being an armed habitual criminal, aggravated
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6 | battery of a senior citizen as described in Section 12-4.6 | ||||||
7 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
8 | battery of a child as described in Section 12-4.3 or | ||||||
9 | subdivision (b)(1) of Section 12-3.05 shall receive no
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10 | more than 4.5 days of sentence credit for each month of his | ||||||
11 | or her sentence
of imprisonment;
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12 | (iii) that a prisoner serving a sentence
for home | ||||||
13 | invasion, armed robbery, aggravated vehicular hijacking,
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14 | aggravated discharge of a firearm, or armed violence with | ||||||
15 | a category I weapon
or category II weapon, when the court
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16 | has made and entered a finding, pursuant to subsection | ||||||
17 | (c-1) of Section 5-4-1
of this Code, that the conduct | ||||||
18 | leading to conviction for the enumerated offense
resulted | ||||||
19 | in great bodily harm to a victim, shall receive no more | ||||||
20 | than 4.5 days
of sentence credit for each month of his or | ||||||
21 | her sentence of imprisonment;
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22 | (iv) that a prisoner serving a sentence for aggravated | ||||||
23 | discharge of a firearm, whether or not the conduct leading | ||||||
24 | to conviction for the offense resulted in great bodily | ||||||
25 | harm to the victim, shall receive no more than 4.5 days of | ||||||
26 | sentence credit for each month of his or her sentence of |
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1 | imprisonment;
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2 | (v) that a person serving a sentence for gunrunning, | ||||||
3 | narcotics racketeering, controlled substance trafficking, | ||||||
4 | methamphetamine trafficking, drug-induced homicide, | ||||||
5 | aggravated methamphetamine-related child endangerment, | ||||||
6 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
7 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, or a Class X felony conviction for delivery | ||||||
9 | of a controlled substance, possession of a controlled | ||||||
10 | substance with intent to manufacture or deliver, | ||||||
11 | calculated criminal drug conspiracy, criminal drug | ||||||
12 | conspiracy, street gang criminal drug conspiracy, | ||||||
13 | participation in methamphetamine manufacturing, | ||||||
14 | aggravated participation in methamphetamine | ||||||
15 | manufacturing, delivery of methamphetamine, possession | ||||||
16 | with intent to deliver methamphetamine, aggravated | ||||||
17 | delivery of methamphetamine, aggravated possession with | ||||||
18 | intent to deliver methamphetamine, methamphetamine | ||||||
19 | conspiracy when the substance containing the controlled | ||||||
20 | substance or methamphetamine is 100 grams or more shall | ||||||
21 | receive no more than 7.5 days sentence credit for each | ||||||
22 | month of his or her sentence of imprisonment;
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23 | (vi)
that a prisoner serving a sentence for a second | ||||||
24 | or subsequent offense of luring a minor shall receive no | ||||||
25 | more than 4.5 days of sentence credit for each month of his | ||||||
26 | or her sentence of imprisonment; and
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1 | (vii) that a prisoner serving a sentence for | ||||||
2 | aggravated domestic battery shall receive no more than 4.5 | ||||||
3 | days of sentence credit for each month of his or her | ||||||
4 | sentence of imprisonment. | ||||||
5 | (2.1) For all offenses, other than those enumerated in | ||||||
6 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
7 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
8 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
9 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
10 | (the effective date of Public Act 95-134)
or subdivision | ||||||
11 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
12 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
13 | committed on or after July 23, 2010 (the effective date of | ||||||
14 | Public Act 96-1224), and other than the offense of aggravated | ||||||
15 | driving under the influence of alcohol, other drug or drugs, | ||||||
16 | or
intoxicating compound or compounds, or any combination | ||||||
17 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
18 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
19 | and other than the offense of aggravated driving under the | ||||||
20 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
21 | compound or compounds, or any combination
thereof as defined | ||||||
22 | in subparagraph (C) of paragraph (1) of subsection (d) of
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23 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
24 | after January 1, 2011 (the effective date of Public Act | ||||||
25 | 96-1230),
the rules and regulations shall
provide that a | ||||||
26 | prisoner who is serving a term of
imprisonment shall receive |
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1 | one day of sentence credit for each day of
his or her sentence | ||||||
2 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
3 | of sentence credit shall reduce by one day the prisoner's | ||||||
4 | period
of imprisonment or recommitment under Section 3-3-9.
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5 | (2.2) A prisoner serving a term of natural life | ||||||
6 | imprisonment or a
prisoner who has been sentenced to death | ||||||
7 | shall receive no sentence
credit.
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8 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
9 | subsection (a), the rules and regulations on sentence credit | ||||||
10 | shall provide that
a prisoner who is serving a sentence for | ||||||
11 | aggravated driving under the influence of alcohol,
other drug | ||||||
12 | or drugs, or intoxicating compound or compounds, or any | ||||||
13 | combination
thereof as defined in subparagraph (F) of | ||||||
14 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
15 | Illinois Vehicle Code, shall receive no more than 4.5
days of | ||||||
16 | sentence credit for each month of his or her sentence of
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17 | imprisonment.
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18 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the rules and regulations on sentence credit | ||||||
20 | shall provide with
respect to the offenses of aggravated | ||||||
21 | battery with a machine gun or a firearm
equipped with any | ||||||
22 | device or attachment designed or used for silencing the
report | ||||||
23 | of a firearm or aggravated discharge of a machine gun or a | ||||||
24 | firearm
equipped with any device or attachment designed or | ||||||
25 | used for silencing the
report of a firearm, committed on or | ||||||
26 | after
July 15, 1999 (the effective date of Public Act 91-121),
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1 | that a prisoner serving a sentence for any of these offenses | ||||||
2 | shall receive no
more than 4.5 days of sentence credit for each | ||||||
3 | month of his or her sentence
of imprisonment.
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4 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
5 | subsection (a), the rules and regulations on sentence credit | ||||||
6 | shall provide that a
prisoner who is serving a sentence for | ||||||
7 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
8 | effective date of Public Act 92-176) shall receive no more | ||||||
9 | than
4.5 days of sentence credit for each month of his or her | ||||||
10 | sentence of
imprisonment.
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11 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
12 | subsection (a), the rules and regulations on sentence credit | ||||||
13 | shall provide that a
prisoner who is serving a sentence for | ||||||
14 | aggravated driving under the influence of alcohol,
other drug | ||||||
15 | or drugs, or intoxicating compound or compounds or any | ||||||
16 | combination
thereof as defined in subparagraph (C) of | ||||||
17 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
18 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
19 | (the effective date of Public Act 96-1230) shall receive no | ||||||
20 | more than 4.5
days of sentence credit for each month of his or | ||||||
21 | her sentence of
imprisonment. | ||||||
22 | (3) In addition to the sentence credits earned under | ||||||
23 | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection | ||||||
24 | (a), the rules and regulations shall also provide that
the | ||||||
25 | Director may award up to 180 days of earned sentence
credit for | ||||||
26 | good conduct in specific instances as the
Director deems |
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1 | proper. The good conduct may include, but is not limited to, | ||||||
2 | compliance with the rules and regulations of the Department, | ||||||
3 | service to the Department, service to a community, or service | ||||||
4 | to the State.
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5 | Eligible inmates for an award of earned sentence credit | ||||||
6 | under
this paragraph (3) may be selected to receive the credit | ||||||
7 | at
the Director's or his or her designee's sole discretion.
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8 | Eligibility for the additional earned sentence credit under | ||||||
9 | this paragraph (3) shall be based on, but is not limited to, | ||||||
10 | the results of any available risk/needs assessment or other | ||||||
11 | relevant assessments or evaluations administered by the | ||||||
12 | Department using a validated instrument, the circumstances of | ||||||
13 | the crime, any history of conviction for a forcible felony | ||||||
14 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
15 | inmate's behavior and disciplinary history while incarcerated, | ||||||
16 | and the inmate's commitment to rehabilitation, including | ||||||
17 | participation in programming offered by the Department. | ||||||
18 | The Director shall not award sentence credit under this | ||||||
19 | paragraph (3) to an inmate unless the inmate has served a | ||||||
20 | minimum of 60 days of the sentence; except nothing in this | ||||||
21 | paragraph shall be construed to permit the Director to extend | ||||||
22 | an inmate's sentence beyond that which was imposed by the | ||||||
23 | court. Prior to awarding credit under this paragraph (3), the | ||||||
24 | Director shall make a written determination that the inmate: | ||||||
25 | (A) is eligible for the earned sentence credit; | ||||||
26 | (B) has served a minimum of 60 days, or as close to 60 |
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1 | days as the sentence will allow; | ||||||
2 | (B-1) has received a risk/needs assessment or other | ||||||
3 | relevant evaluation or assessment administered by the | ||||||
4 | Department using a validated instrument; and | ||||||
5 | (C) has met the eligibility criteria established by | ||||||
6 | rule for earned sentence credit. | ||||||
7 | The Director shall determine the form and content of the | ||||||
8 | written determination required in this subsection. | ||||||
9 | (3.5) The Department shall provide annual written reports | ||||||
10 | to the Governor and the General Assembly on the award of earned | ||||||
11 | sentence credit no later than February 1 of each year. The | ||||||
12 | Department must publish both reports on its website within 48 | ||||||
13 | hours of transmitting the reports to the Governor and the | ||||||
14 | General Assembly. The reports must include: | ||||||
15 | (A) the number of inmates awarded earned sentence | ||||||
16 | credit; | ||||||
17 | (B) the average amount of earned sentence credit | ||||||
18 | awarded; | ||||||
19 | (C) the holding offenses of inmates awarded earned | ||||||
20 | sentence credit; and | ||||||
21 | (D) the number of earned sentence credit revocations. | ||||||
22 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that the sentence
credit accumulated and retained under | ||||||
25 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
26 | inmate during specific periods of time in which such
inmate is |
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1 | engaged full-time in substance abuse programs, correctional
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2 | industry assignments, educational programs, behavior | ||||||
3 | modification programs, life skills courses, or re-entry | ||||||
4 | planning provided by the Department
under this paragraph (4) | ||||||
5 | and satisfactorily completes the assigned program as
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6 | determined by the standards of the Department, shall be | ||||||
7 | multiplied by a factor
of 1.25 for program participation | ||||||
8 | before August 11, 1993
and 1.50 for program participation on | ||||||
9 | or after that date.
The rules and regulations shall also | ||||||
10 | provide that sentence credit, subject to the same offense | ||||||
11 | limits and multiplier provided in this paragraph, may be | ||||||
12 | provided to an inmate who was held in pre-trial detention | ||||||
13 | prior to his or her current commitment to the Department of | ||||||
14 | Corrections and successfully completed a full-time, 60-day or | ||||||
15 | longer substance abuse program, educational program, behavior | ||||||
16 | modification program, life skills course, or re-entry planning | ||||||
17 | provided by the county department of corrections or county | ||||||
18 | jail. Calculation of this county program credit shall be done | ||||||
19 | at sentencing as provided in Section 5-4.5-100 of this Code | ||||||
20 | and shall be included in the sentencing order. However, no | ||||||
21 | inmate shall be eligible for the additional sentence credit
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22 | under this paragraph (4) or (4.1) of this subsection (a) while | ||||||
23 | assigned to a boot camp
or electronic detention.
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24 | (B) The Department shall award sentence credit under this | ||||||
25 | paragraph (4) accumulated prior to January 1, 2020 ( the | ||||||
26 | effective date of Public Act 101-440) this amendatory Act of |
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1 | the 101st General Assembly in an amount specified in | ||||||
2 | subparagraph (C) of this paragraph (4) to an inmate serving a | ||||||
3 | sentence for an offense committed prior to June 19, 1998, if | ||||||
4 | the Department determines that the inmate is entitled to this | ||||||
5 | sentence credit, based upon: | ||||||
6 | (i) documentation provided by the Department that the | ||||||
7 | inmate engaged in any full-time substance abuse programs, | ||||||
8 | correctional industry assignments, educational programs, | ||||||
9 | behavior modification programs, life skills courses, or | ||||||
10 | re-entry planning provided by the Department under this | ||||||
11 | paragraph (4) and satisfactorily completed the assigned | ||||||
12 | program as determined by the standards of the Department | ||||||
13 | during the inmate's current term of incarceration; or | ||||||
14 | (ii) the inmate's own testimony in the form of an | ||||||
15 | affidavit or documentation, or a third party's | ||||||
16 | documentation or testimony in the form of an affidavit | ||||||
17 | that the inmate likely engaged in any full-time substance | ||||||
18 | abuse programs, correctional industry assignments, | ||||||
19 | educational programs, behavior modification programs, life | ||||||
20 | skills courses, or re-entry planning provided by the | ||||||
21 | Department under paragraph (4) and satisfactorily | ||||||
22 | completed the assigned program as determined by the | ||||||
23 | standards of the Department during the inmate's current | ||||||
24 | term of incarceration. | ||||||
25 | (C) If the inmate can provide documentation that he or she | ||||||
26 | is entitled to sentence credit under subparagraph (B) in |
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1 | excess of 45 days of participation in those programs, the | ||||||
2 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
3 | cannot provide documentation of more than 45 days of | ||||||
4 | participation in those programs, the inmate shall receive 45 | ||||||
5 | days of sentence credit. In the event of a disagreement | ||||||
6 | between the Department and the inmate as to the amount of | ||||||
7 | credit accumulated under subparagraph (B), if the Department | ||||||
8 | provides documented proof of a lesser amount of days of | ||||||
9 | participation in those programs, that proof shall control. If | ||||||
10 | the Department provides no documentary proof, the inmate's | ||||||
11 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
12 | control as to the amount of sentence credit provided. | ||||||
13 | (D) If the inmate has been convicted of a sex offense as | ||||||
14 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
15 | sentencing credits under subparagraph (B) of this paragraph | ||||||
16 | (4) shall be awarded by the Department only if the conditions | ||||||
17 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
18 | No inmate serving a term of natural life imprisonment shall | ||||||
19 | receive sentence credit under subparagraph (B) of this | ||||||
20 | paragraph (4). | ||||||
21 | Educational, vocational, substance abuse, behavior | ||||||
22 | modification programs, life skills courses, re-entry planning, | ||||||
23 | and correctional
industry programs under which sentence credit | ||||||
24 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
25 | of this subsection (a) shall be evaluated by the Department on | ||||||
26 | the basis of
documented standards. The Department shall report |
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1 | the results of these
evaluations to the Governor and the | ||||||
2 | General Assembly by September 30th of each
year. The reports | ||||||
3 | shall include data relating to the recidivism rate among
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4 | program participants.
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5 | Availability of these programs shall be subject to the
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6 | limits of fiscal resources appropriated by the General | ||||||
7 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
8 | immediate admission shall be
placed on a waiting list under | ||||||
9 | criteria established by the Department.
The inability of any | ||||||
10 | inmate to become engaged in any such programs
by reason of | ||||||
11 | insufficient program resources or for any other reason
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12 | established under the rules and regulations of the Department | ||||||
13 | shall not be
deemed a cause of action under which the | ||||||
14 | Department or any employee or
agent of the Department shall be | ||||||
15 | liable for damages to the inmate.
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16 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
17 | subsection (a), the rules and regulations shall also provide | ||||||
18 | that an additional 90 days of sentence credit shall be awarded | ||||||
19 | to any prisoner who passes high school equivalency testing | ||||||
20 | while the prisoner is committed to the Department of | ||||||
21 | Corrections. The sentence credit awarded under this paragraph | ||||||
22 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
23 | of sentence credit under any other paragraph of this Section, | ||||||
24 | but shall also be pursuant to the guidelines and restrictions | ||||||
25 | set forth in paragraph (4) of subsection (a) of this Section.
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26 | The sentence credit provided for in this paragraph shall be |
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1 | available only to those prisoners who have not previously | ||||||
2 | earned a high school diploma or a high school equivalency | ||||||
3 | certificate. If, after an award of the high school equivalency | ||||||
4 | testing sentence credit has been made, the Department | ||||||
5 | determines that the prisoner was not eligible, then the award | ||||||
6 | shall be revoked.
The Department may also award 90 days of | ||||||
7 | sentence credit to any committed person who passed high school | ||||||
8 | equivalency testing while he or she was held in pre-trial | ||||||
9 | detention prior to the current commitment to the Department of | ||||||
10 | Corrections. | ||||||
11 | Except as provided in paragraph (4.7) of this subsection | ||||||
12 | (a), the rules and regulations shall provide that an | ||||||
13 | additional 180 days of sentence credit shall be awarded to any | ||||||
14 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
15 | committed to the Department of Corrections. The sentence | ||||||
16 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
17 | to, and shall not affect, the award of sentence credit under | ||||||
18 | any other paragraph of this Section, but shall also be under | ||||||
19 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
20 | this subsection (a). The sentence credit provided for in this | ||||||
21 | paragraph shall be available only to those prisoners who have | ||||||
22 | not earned a bachelor's degree prior to the current commitment | ||||||
23 | to the Department of Corrections. If, after an award of the | ||||||
24 | bachelor's degree sentence credit has been made, the | ||||||
25 | Department determines that the prisoner was not eligible, then | ||||||
26 | the award shall be revoked. The Department may also award 180 |
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1 | days of sentence credit to any committed person who earned a | ||||||
2 | bachelor's degree while he or she was held in pre-trial | ||||||
3 | detention prior to the current commitment to the Department of | ||||||
4 | Corrections. | ||||||
5 | Except as provided in paragraph (4.7) of this subsection | ||||||
6 | (a), the rules and regulations shall provide that an | ||||||
7 | additional 180 days of sentence credit shall be awarded to any | ||||||
8 | prisoner who obtains a master's or professional degree while | ||||||
9 | the prisoner is committed to the Department of Corrections. | ||||||
10 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
11 | be in addition to, and shall not affect, the award of sentence | ||||||
12 | credit under any other paragraph of this Section, but shall | ||||||
13 | also be under the guidelines and restrictions set forth in | ||||||
14 | paragraph (4) of this subsection (a). The sentence credit | ||||||
15 | provided for in this paragraph shall be available only to | ||||||
16 | those prisoners who have not previously earned a master's or | ||||||
17 | professional degree prior to the current commitment to the | ||||||
18 | Department of Corrections. If, after an award of the master's | ||||||
19 | or professional degree sentence credit has been made, the | ||||||
20 | Department determines that the prisoner was not eligible, then | ||||||
21 | the award shall be revoked. The Department may also award 180 | ||||||
22 | days of sentence credit to any committed person who earned a | ||||||
23 | master's or professional degree while he or she was held in | ||||||
24 | pre-trial detention prior to the current commitment to the | ||||||
25 | Department of Corrections. | ||||||
26 | (4.5) The rules and regulations on sentence credit shall |
| |||||||
| |||||||
1 | also provide that
when the court's sentencing order recommends | ||||||
2 | a prisoner for substance abuse treatment and the
crime was | ||||||
3 | committed on or after September 1, 2003 (the effective date of
| ||||||
4 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
5 | credit awarded under clause (3) of this subsection (a) unless | ||||||
6 | he or she participates in and
completes a substance abuse | ||||||
7 | treatment program. The Director may waive the requirement to | ||||||
8 | participate in or complete a substance abuse treatment program | ||||||
9 | in specific instances if the prisoner is not a good candidate | ||||||
10 | for a substance abuse treatment program for medical, | ||||||
11 | programming, or operational reasons. Availability of
substance | ||||||
12 | abuse treatment shall be subject to the limits of fiscal | ||||||
13 | resources
appropriated by the General Assembly for these | ||||||
14 | purposes. If treatment is not
available and the requirement to | ||||||
15 | participate and complete the treatment has not been waived by | ||||||
16 | the Director, the prisoner shall be placed on a waiting list | ||||||
17 | under criteria
established by the Department. The Director may | ||||||
18 | allow a prisoner placed on
a waiting list to participate in and | ||||||
19 | complete a substance abuse education class or attend substance
| ||||||
20 | abuse self-help meetings in lieu of a substance abuse | ||||||
21 | treatment program. A prisoner on a waiting list who is not | ||||||
22 | placed in a substance abuse program prior to release may be | ||||||
23 | eligible for a waiver and receive sentence credit under clause | ||||||
24 | (3) of this subsection (a) at the discretion of the Director.
| ||||||
25 | (4.6) The rules and regulations on sentence credit shall | ||||||
26 | also provide that a prisoner who has been convicted of a sex |
| |||||||
| |||||||
1 | offense as defined in Section 2 of the Sex Offender | ||||||
2 | Registration Act shall receive no sentence credit unless he or | ||||||
3 | she either has successfully completed or is participating in | ||||||
4 | sex offender treatment as defined by the Sex Offender | ||||||
5 | Management Board. However, prisoners who are waiting to | ||||||
6 | receive treatment, but who are unable to do so due solely to | ||||||
7 | the lack of resources on the part of the Department, may, at | ||||||
8 | the Director's sole discretion, be awarded sentence credit at | ||||||
9 | a rate as the Director shall determine. | ||||||
10 | (4.7) On or after January 1, 2018 ( the effective date of | ||||||
11 | Public Act 100-3) this amendatory Act of the 100th General | ||||||
12 | Assembly , sentence credit under paragraph (3), (4), or (4.1) | ||||||
13 | of this subsection (a) may be awarded to a prisoner who is | ||||||
14 | serving a sentence for an offense described in paragraph (2), | ||||||
15 | (2.3), (2.4), (2.5), or (2.6) for credit earned on or after | ||||||
16 | January 1, 2018 ( the effective date of Public Act 100-3) this | ||||||
17 | amendatory Act of the 100th General Assembly ; provided, the | ||||||
18 | award of the credits under this paragraph (4.7) shall not | ||||||
19 | reduce the sentence of the prisoner to less than the following | ||||||
20 | amounts: | ||||||
21 | (i) 85% of his or her sentence if the prisoner is | ||||||
22 | required to serve 85% of his or her sentence; or | ||||||
23 | (ii) 60% of his or her sentence if the prisoner is | ||||||
24 | required to serve 75% of his or her sentence, except if the | ||||||
25 | prisoner is serving a sentence for gunrunning his or her | ||||||
26 | sentence shall not be reduced to less than 75%. |
| |||||||
| |||||||
1 | (iii) 100% of his or her sentence if the prisoner is | ||||||
2 | required to serve 100% of his or her sentence. | ||||||
3 | (4.8) Notwithstanding any provision of law to the | ||||||
4 | contrary, on or after the effective date of this amendatory | ||||||
5 | Act of the 102nd General Assembly, sentence credit under | ||||||
6 | paragraph (3), (4), or (4.1) of this subsection (a) may be | ||||||
7 | awarded to a prisoner for credit earned prior to or after the | ||||||
8 | effective date of this amendatory Act of the 102nd General | ||||||
9 | Assembly; provided, the award of the credits under this | ||||||
10 | paragraph (4.8) shall not reduce the sentence of the prisoner | ||||||
11 | more than 5 years. A person serving a term of natural life | ||||||
12 | imprisonment may not earn sentencing credit. | ||||||
13 | (5) Whenever the Department is to release any inmate | ||||||
14 | earlier than it
otherwise would because of a grant of earned | ||||||
15 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
16 | Section given at any time during the term, the Department | ||||||
17 | shall give
reasonable notice of the impending release not less | ||||||
18 | than 14 days prior to the date of the release to the State's
| ||||||
19 | Attorney of the county where the prosecution of the inmate | ||||||
20 | took place, and if applicable, the State's Attorney of the | ||||||
21 | county into which the inmate will be released. The Department | ||||||
22 | must also make identification information and a recent photo | ||||||
23 | of the inmate being released accessible on the Internet by | ||||||
24 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
25 | Early Release" on the Department's World Wide Web homepage.
| ||||||
26 | The identification information shall include the inmate's: |
| |||||||
| |||||||
1 | name, any known alias, date of birth, physical | ||||||
2 | characteristics, commitment offense , and county where | ||||||
3 | conviction was imposed. The identification information shall | ||||||
4 | be placed on the website within 3 days of the inmate's release | ||||||
5 | and the information may not be removed until either: | ||||||
6 | completion of the first year of mandatory supervised release | ||||||
7 | or return of the inmate to custody of the Department.
| ||||||
8 | (b) Whenever a person is or has been committed under
| ||||||
9 | several convictions, with separate sentences, the sentences
| ||||||
10 | shall be construed under Section 5-8-4 in granting and
| ||||||
11 | forfeiting of sentence credit.
| ||||||
12 | (c) The Department shall prescribe rules and regulations
| ||||||
13 | for revoking sentence credit, including revoking sentence | ||||||
14 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
15 | Section. The Department shall prescribe rules and regulations | ||||||
16 | for suspending or reducing
the rate of accumulation of | ||||||
17 | sentence credit for specific
rule violations, during | ||||||
18 | imprisonment. These rules and regulations
shall provide that | ||||||
19 | no inmate may be penalized more than one
year of sentence | ||||||
20 | credit for any one infraction.
| ||||||
21 | When the Department seeks to revoke, suspend , or reduce
| ||||||
22 | the rate of accumulation of any sentence credits for
an | ||||||
23 | alleged infraction of its rules, it shall bring charges
| ||||||
24 | therefor against the prisoner sought to be so deprived of
| ||||||
25 | sentence credits before the Prisoner Review Board as
provided | ||||||
26 | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
| |||||||
| |||||||
1 | amount of credit at issue exceeds 30 days or
when , during any | ||||||
2 | 12-month 12 month period, the cumulative amount of
credit | ||||||
3 | revoked exceeds 30 days except where the infraction is | ||||||
4 | committed
or discovered within 60 days of scheduled release. | ||||||
5 | In those cases,
the Department of Corrections may revoke up to | ||||||
6 | 30 days of sentence credit.
The Board may subsequently approve | ||||||
7 | the revocation of additional sentence credit, if the | ||||||
8 | Department seeks to revoke sentence credit in
excess of 30 | ||||||
9 | days. However, the Board shall not be empowered to review the
| ||||||
10 | Department's decision with respect to the loss of 30 days of | ||||||
11 | sentence
credit within any calendar year for any prisoner or | ||||||
12 | to increase any penalty
beyond the length requested by the | ||||||
13 | Department.
| ||||||
14 | The Director of the Department of Corrections, in | ||||||
15 | appropriate cases, may
restore up to 30 days of sentence | ||||||
16 | credits which have been revoked, suspended ,
or reduced. Any | ||||||
17 | restoration of sentence credits in excess of 30 days shall
be | ||||||
18 | subject to review by the Prisoner Review Board. However, the | ||||||
19 | Board may not
restore sentence credit in excess of the amount | ||||||
20 | requested by the Director.
| ||||||
21 | Nothing contained in this Section shall prohibit the | ||||||
22 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
23 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
24 | sentence imposed by the court that was not served due to the
| ||||||
25 | accumulation of sentence credit.
| ||||||
26 | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| |||||||
| |||||||
1 | federal court
against the State, the Department of | ||||||
2 | Corrections, or the Prisoner Review Board,
or against any of
| ||||||
3 | their officers or employees, and the court makes a specific | ||||||
4 | finding that a
pleading, motion, or other paper filed by the | ||||||
5 | prisoner is frivolous, the
Department of Corrections shall | ||||||
6 | conduct a hearing to revoke up to
180 days of sentence credit | ||||||
7 | by bringing charges against the prisoner
sought to be deprived | ||||||
8 | of the sentence credits before the Prisoner Review
Board as | ||||||
9 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
10 | If the prisoner has not accumulated 180 days of sentence | ||||||
11 | credit at the
time of the finding, then the Prisoner Review | ||||||
12 | Board may revoke all
sentence credit accumulated by the | ||||||
13 | prisoner.
| ||||||
14 | For purposes of this subsection (d):
| ||||||
15 | (1) "Frivolous" means that a pleading, motion, or | ||||||
16 | other filing which
purports to be a legal document filed | ||||||
17 | by a prisoner in his or her lawsuit meets
any or all of the | ||||||
18 | following criteria:
| ||||||
19 | (A) it lacks an arguable basis either in law or in | ||||||
20 | fact;
| ||||||
21 | (B) it is being presented for any improper | ||||||
22 | purpose, such as to harass or
to cause unnecessary | ||||||
23 | delay or needless increase in the cost of litigation;
| ||||||
24 | (C) the claims, defenses, and other legal | ||||||
25 | contentions therein are not
warranted by existing law | ||||||
26 | or by a nonfrivolous argument for the extension,
|
| |||||||
| |||||||
1 | modification, or reversal of existing law or the | ||||||
2 | establishment of new law;
| ||||||
3 | (D) the allegations and other factual contentions | ||||||
4 | do not have
evidentiary
support or, if specifically so | ||||||
5 | identified, are not likely to have evidentiary
support | ||||||
6 | after a reasonable opportunity for further | ||||||
7 | investigation or discovery;
or
| ||||||
8 | (E) the denials of factual contentions are not | ||||||
9 | warranted on the
evidence, or if specifically so | ||||||
10 | identified, are not reasonably based on a lack
of | ||||||
11 | information or belief.
| ||||||
12 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
13 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
14 | action under
Article X of the Code of Civil Procedure or | ||||||
15 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
16 | under the Court of Claims Act, an action under the
federal | ||||||
17 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
18 | subsequent petition for post-conviction relief under | ||||||
19 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
20 | whether filed with or without leave of court or a second or | ||||||
21 | subsequent petition for relief from judgment under Section | ||||||
22 | 2-1401 of the Code of Civil Procedure.
| ||||||
23 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
24 | validity of Public Act 89-404.
| ||||||
25 | (f) Whenever the Department is to release any inmate who | ||||||
26 | has been convicted of a violation of an order of protection |
| |||||||
| |||||||
1 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
3 | because of a grant of sentence credit, the Department, as a | ||||||
4 | condition of release, shall require that the person, upon | ||||||
5 | release, be placed under electronic surveillance as provided | ||||||
6 | in Section 5-8A-7 of this Code. | ||||||
7 | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
8 | 101-440, eff. 1-1-20; revised 8-19-20.)
|