Bill Text: IL SB2538 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that a person who brings, without authorization, cellular communications equipment within the secure perimeter of any penal institution is deemed to have given his or her consent to the governing authority of the penal institution using available technology to prevent that cellular communications equipment from sending or receiving telephone calls or other forms of electronic communication. Provides that notice of this provision shall be posted at all public entry gates of the penal institution. Provides that the governing authority of the penal institution shall not access data or communications that have been captured using available technology from unauthorized use of the cellular communications equipment except after obtaining a valid search warrant. Establishes civil penalties for violation. Amends the Unified Code of Corrections. Provides that any inmate who is found to be in possession of cellular communications equipment in violation of the Criminal Code of 1961 shall be subject to good conduct credit denial or loss of up to 90 days if confined to a Department of Corrections facility. Amends the County Jail Good Behavior Allowance Act. Provides that if an inmate brings into or possesses contraband in the penal institution that is cellular communications equipment, the warden may revoke up to 90 days of the inmate's good behavior allowance. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2538 Detail]

Download: Illinois-2011-SB2538-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2538 Introduced 11/29/2011, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Code of 1961. Provides that a person who brings, without authorization, cellular communications equipment within the secure perimeter of any penal institution is deemed to have given his or her consent to the governing authority of the penal institution using available technology to prevent that cellular communications equipment from sending or receiving telephone calls or other forms of electronic communication. Provides that notice of this provision shall be posted at all public entry gates of the penal institution. Provides that the governing authority of the penal institution shall not access data or communications that have been captured using available technology from unauthorized use of the cellular communications equipment except after obtaining a valid search warrant. Establishes civil penalties for violation. Amends the Unified Code of Corrections. Provides that any inmate who is found to be in possession of cellular communications equipment in violation of the Criminal Code of 1961 shall be subject to good conduct credit denial or loss of up to 90 days if confined to a Department of Corrections facility. Amends the County Jail Good Behavior Allowance Act. Provides that if an inmate brings into or possesses contraband in the penal institution that is cellular communications equipment, the warden may revoke up to 90 days of the inmate's good behavior allowance. Makes other changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB2538 LRB097 14728 RLC 59728 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 31A-1.1 as follows:
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
Sec. 31A-1.1. Bringing Contraband into a Penal
Institution; Possessing Contraband in a Penal Institution.
(a) A person commits the offense of bringing contraband
into a penal institution when he knowingly and without
authority of any person designated or authorized to grant such
authority (1) brings an item of contraband into a penal
institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give
an inmate access to the contraband.
(b) A person commits the offense of possessing contraband
in a penal institution when he possesses contraband in a penal
institution, regardless of the intent with which he possesses
it.
(c) For the purposes of this Section, the words and phrases
listed below shall be defined as follows:
(1) "Penal institution" means any penitentiary, State

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farm, reformatory, prison, jail, house of correction,
police detention area, half-way house or other institution
or place for the incarceration or custody of persons under
sentence for offenses awaiting trial or sentence for
offenses, under arrest for an offense, a violation of
probation, a violation of parole, or a violation of
mandatory supervised release, or awaiting a bail setting
hearing or preliminary hearing; provided that where the
place for incarceration or custody is housed within another
public building this Act shall not apply to that part of
such building unrelated to the incarceration or custody of
persons.
(2) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined in
Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in
subsection (a) of Section 3 of the Cannabis Control
Act.
(iii) "Controlled substance" as such term is
defined in the Illinois Controlled Substances Act.
(iii-a) "Methamphetamine" as such term is defined
in the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or
any instrument adapted for use of controlled
substances or cannabis by subcutaneous injection.

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(v) "Weapon" means any knife, dagger, dirk, billy,
razor, stiletto, broken bottle, or other piece of glass
which could be used as a dangerous weapon. Such term
includes any of the devices or implements designated in
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
of this Act, or any other dangerous weapon or
instrument of like character.
(vi) "Firearm" means any device, by whatever name
known, which is designed to expel a projectile or
projectiles by the action of an explosion, expansion of
gas or escape of gas, including but not limited to:
(A) any pneumatic gun, spring gun, or B-B gun
which expels a single globular projectile not
exceeding .18 inch in diameter, or;
(B) any device used exclusively for signaling
or safety and required as recommended by the United
States Coast Guard or the Interstate Commerce
Commission; or
(C) any device used exclusively for the firing
of stud cartridges, explosive rivets or industrial
ammunition; or
(D) any device which is powered by electrical
charging units, such as batteries, and which fires
one or several barbs attached to a length of wire
and which, upon hitting a human, can send out
current capable of disrupting the person's nervous

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system in such a manner as to render him incapable
of normal functioning, commonly referred to as a
stun gun or taser.
(vii) "Firearm ammunition" means any
self-contained cartridge or shotgun shell, by whatever
name known, which is designed to be used or adaptable
to use in a firearm, including but not limited to:
(A) any ammunition exclusively designed for
use with a device used exclusively for signaling or
safety and required or recommended by the United
States Coast Guard or the Interstate Commerce
Commission; or
(B) any ammunition designed exclusively for
use with a stud or rivet driver or other similar
industrial ammunition.
(viii) "Explosive" means, but is not limited to,
bomb, bombshell, grenade, bottle or other container
containing an explosive substance of over one-quarter
ounce for like purposes such as black powder bombs and
Molotov cocktails or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means,
but is not limited to, handcuff or security restraint
key, tool designed to pick locks, popper, or any device
or instrument used to or capable of unlocking or
preventing from locking any handcuff or security
restraints, doors to cells, rooms, gates or other areas

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of the penal institution.
(x) "Cutting tool" means, but is not limited to,
hacksaw blade, wirecutter, or device, instrument or
file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not
limited to, any electronic, video recording device,
computer, or cellular communications equipment,
including, but not limited to, cellular telephones,
cellular telephone batteries, videotape recorders,
pagers, computers, and computer peripheral equipment
brought into or possessed in a penal institution
without the written authorization of the Chief
Administrative Officer.
(d) Bringing alcoholic liquor into a penal institution is a
Class 4 felony. Possessing alcoholic liquor in a penal
institution is a Class 4 felony.
(e) Bringing cannabis into a penal institution is a Class 3
felony. Possessing cannabis in a penal institution is a Class 3
felony.
(f) Bringing any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Controlled Substance Act into a penal institution is a Class 2
felony. Possessing any amount of a controlled substance
classified in Schedule III, IV, or V of Article II of the
Controlled Substance Act in a penal institution is a Class 2
felony.

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(g) Bringing any amount of a controlled substance
classified in Schedules I or II of Article II of the Controlled
Substance Act into a penal institution is a Class 1 felony.
Possessing any amount of a controlled substance classified in
Schedules I or II of Article II of the Controlled Substance Act
in a penal institution is a Class 1 felony.
(h) Bringing an item of contraband listed in paragraph (iv)
of subsection (c)(2) into a penal institution is a Class 1
felony. Possessing an item of contraband listed in paragraph
(iv) of subsection (c)(2) in a penal institution is a Class 1
felony.
(i) Bringing an item of contraband listed in paragraph (v),
(ix), (x), or (xi) of subsection (c)(2) into a penal
institution is a Class 1 felony. Possessing an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (c)(2) in a penal institution is a Class 1 felony.
(j) Bringing an item of contraband listed in paragraphs
(vi), (vii) or (viii) of subsection (c)(2) in a penal
institution is a Class X felony. Possessing an item of
contraband listed in paragraphs (vi), (vii), or (viii) of
subsection (c)(2) in a penal institution is a Class X felony.
(k) It shall be an affirmative defense to subsection (b)
hereof, that such possession was specifically authorized by
rule, regulation, or directive of the governing authority of
the penal institution or order issued pursuant thereto.
(l) It shall be an affirmative defense to subsection (a)(1)

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and subsection (b) hereof that the person bringing into or
possessing contraband in a penal institution had been arrested,
and that that person possessed such contraband at the time of
his arrest, and that such contraband was brought into or
possessed in the penal institution by that person as a direct
and immediate result of his arrest.
(m) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(n)(1) If a person visiting an inmate in a penal
institution, upon being searched or subjected to a metal
detector, is found to be in possession of cellular
communications equipment, that equipment shall be subject to
confiscation but shall be returned on the same day the person
visits the inmate, unless the cellular communications
equipment is held as evidence in a case where the person is
cited for a violation of subsection (i).
(2) If, upon investigation, it is determined that no
prosecution will take place, the cellular communications
equipment shall be returned to the owner at the owner's
expense.
(3) Notice of the provisions of paragraphs (1) and (2) of
this subsection (n) shall be posted in all areas where visitors
are searched prior to visitation with an inmate in the custody
of the penal institution.

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(4) A person who brings, without authorization, cellular
communications equipment within the secure perimeter of any
penal institution is deemed to have given his or her consent to
the governing authority of the penal institution using
available technology to prevent that cellular communications
equipment from sending or receiving telephone calls or other
forms of electronic communication. Notice of the provisions of
this paragraph (4) shall be posted at all public entry gates of
the penal institution.
(5) The governing authority of the penal institution shall
not access data or communications that have been captured using
available technology from unauthorized use of the cellular
communications equipment except after obtaining a valid search
warrant.
(6) The governing authority of the penal institution shall
not capture data or communications from authorized cellular
communications equipment, except as provided by law.
(7) The governing authority of the penal institution shall
not access data or communications that have been captured using
available technology from authorized cellular communications
equipment, except as provided by law.
(8) If the available technology to prevent cellular
communications equipment from sending and receiving telephone
calls or other forms of electronic communication extends beyond
the secure perimeter of the penal institution, the governing
authority of the penal institution shall take all reasonable

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actions to correct the problem.
(9) Any contractor or employee of a contractor or the
governing authority of the penal institution who knowingly and
willfully, without authorization, obtains, discloses, or uses
confidential information in violation of this subsection (n)
shall be subject to an administrative fine or civil penalty not
to exceed $5,000 for a first violation, $10,000 for a second
violation, and $25,000 for a third or subsequent violation.
(10) Nothing in this subsection (n) prohibits the governing
authority of the penal institution from obtaining electronic
communications that the governing authority of the penal
institution could have lawfully obtained prior to the effective
date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 96-1112, eff. 1-1-11.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(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.
(2) The rules and regulations on early release shall
provide, with respect to offenses listed in clause (i),

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(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)
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), the
following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no good conduct credit and
shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for 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

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

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more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
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;
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall

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receive no more than 4.5 days of good conduct credit
for each month of his or her sentence of imprisonment;
and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than
4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after July 23, 2010
(the effective date of Public Act 96-1224), and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of

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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
recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no good conduct credit.
(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.
(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

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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.
(2.5) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(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.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional good
conduct credit for meritorious service in specific

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instances as the Director deems proper; except that no more
than 90 days of good conduct credit for meritorious service
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
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous battery
as described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, aggravated battery of a spouse,
aggravated battery of a spouse with a firearm, stalking,
aggravated stalking, aggravated battery of a child as
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, endangering the life or health of a child,
or cruelty to a child. Notwithstanding the foregoing, 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

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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
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

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(the effective date of Public Act 96-1230).
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
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.
(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
determined by the standards of the Department, shall be

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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
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
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4) who
(i) has previously received increased good conduct credit
under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse 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

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each year. The reports shall include data relating to the
recidivism rate among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of 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

SB2538 - 22 - LRB097 14728 RLC 59728 b
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.
(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
crime was committed on or after September 1, 2003 (the
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
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
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend

SB2538 - 23 - LRB097 14728 RLC 59728 b
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.
(4.6) The rules and regulations on early release shall
also provide that a prisoner who has been convicted of a
sex offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no 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.
(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

SB2538 - 24 - LRB097 14728 RLC 59728 b
which the inmate will be released. The Department must also
make identification information and a recent photo of the
inmate being released accessible on the Internet by means
of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, residence address, commitment offense and
county where conviction was imposed. The identification
information shall be placed on the website within 3 days of
the inmate's release and the information may not be removed
until either: completion of the first year of mandatory
supervised release or return of the inmate to custody of
the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged

SB2538 - 25 - LRB097 14728 RLC 59728 b
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
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
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.
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
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.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section

SB2538 - 26 - LRB097 14728 RLC 59728 b
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
(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
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of 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.
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.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or

SB2538 - 27 - LRB097 14728 RLC 59728 b
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.

SB2538 - 28 - LRB097 14728 RLC 59728 b
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
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
under electronic surveillance as provided in Section 5-8A-7 of
this Code.
(g) Any inmate who is found to be in possession of cellular
communications equipment in violation of Section 31A-1.1 of the
Criminal Code of 1961 shall be subject to good conduct credit
denial or loss of up to 90 days if confined to a Department of
Corrections facility.
(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.)
Section 15. The County Jail Good Behavior Allowance Act is
amended by changing Section 3.1 as follows:
(730 ILCS 130/3.1) (from Ch. 75, par. 32.1)

SB2538 - 29 - LRB097 14728 RLC 59728 b
Sec. 3.1. (a) Within 3 months after the effective date of
this amendatory Act of 1986, the wardens who supervise
institutions under this Act shall meet and agree upon uniform
rules and regulations for behavior and conduct, penalties, and
the awarding, denying and revocation of good behavior
allowance, in such institutions; and such rules and regulations
shall be immediately promulgated and consistent with the
provisions of this Act. Interim rules shall be provided by each
warden consistent with the provision of this Act and shall be
effective until the promulgation of uniform rules. All
disciplinary action shall be consistent with the provisions of
this Act. Committed persons shall be informed of rules of
behavior and conduct, the penalties for violation thereof, and
the disciplinary procedure by which such penalties may be
imposed. Any rules, penalties and procedures shall be posted
and made available to the committed persons.
(b) Whenever a person is alleged to have violated a rule of
behavior, a written report of the infraction shall be filed
with the warden within 72 hours of the occurrence of the
infraction or the discovery of it, and such report shall be
placed in the file of the institution or facility. No
disciplinary proceeding shall be commenced more than 8 days
after the infraction or the discovery of it, unless the
committed person is unable or unavailable for any reason to
participate in the disciplinary proceeding.
(c) All or any of the good behavior allowance earned may be

SB2538 - 30 - LRB097 14728 RLC 59728 b
revoked by the warden, unless he initiates the charge, and in
that case by the disciplinary board, for violations of rules of
behavior at any time prior to discharge from the institution,
consistent with the provisions of this Act.
(d) In disciplinary cases that may involve the loss of good
behavior allowance or eligibility to earn good behavior
allowance, the warden shall establish disciplinary procedures
consistent with the following principles:
(1) The warden may establish one or more disciplinary
boards, made up of one or more persons, to hear and
determine charges. Any person who initiates a disciplinary
charge against a committed person shall not serve on the
disciplinary board that will determine the disposition of
the charge. In those cases in which the charge was
initiated by the warden, he shall establish a disciplinary
board which will have the authority to impose any
appropriate discipline.
(2) Any committed person charged with a violation of
rules of behavior shall be given notice of the charge,
including a statement of the misconduct alleged and of the
rules this conduct is alleged to violate, no less than 24
hours before the disciplinary hearing.
(3) Any committed person charged with a violation of
rules is entitled to a hearing on that charge, at which
time he shall have an opportunity to appear before and
address the warden or disciplinary board deciding the

SB2538 - 31 - LRB097 14728 RLC 59728 b
charge.
(4) The person or persons determining the disposition
of the charge may also summon to testify any witnesses or
other persons with relevant knowledge of the incident. The
person charged may be permitted to question any person so
summoned.
(5) If the charge is sustained, the person charged is
entitled to a written statement, within 14 days after the
hearing, of the decision by the warden or the disciplinary
board which determined the disposition of the charge, and
the statement shall include the basis for the decision and
the disciplinary action, if any, to be imposed.
(6) The warden may impose the discipline recommended by
the disciplinary board, or may reduce the discipline
recommended; however, no committed person may be penalized
more than 30 days of good behavior allowance for any one
infraction.
(7) The warden, in appropriate cases, may restore good
behavior allowance that has been revoked, suspended or
reduced.
(e) The warden, or his or her designee, may revoke the good
behavior allowance specified in Section 3 of this Act of an
inmate who is sentenced to the Illinois Department of
Corrections for misconduct committed by the inmate while in
custody of the warden. If an inmate while in custody of the
warden is convicted of assault or battery on a peace officer,

SB2538 - 32 - LRB097 14728 RLC 59728 b
correctional employee, or another inmate, or for criminal
damage to property or for bringing into or possessing
contraband in the penal institution in violation of Section
31A-1.1 of the Criminal Code of 1961, his or her day for day
good behavior allowance shall be revoked for each day such
allowance was earned while the inmate was in custody of the
warden. If an inmate brings into or possesses contraband in the
penal institution that is cellular communications equipment,
the warden may revoke up to 90 days of the inmate's good
behavior allowance.
(Source: P.A. 96-495, eff. 1-1-10.)
SB2538 - 33 - LRB097 14728 RLC 59728 b
INDEX
Statutes amended in order of appearance
720 ILCS 5/31A-1.1 from Ch. 38, par. 31A-1.1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 130/3.1 from Ch. 75, par. 32.1