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.



LRB097 14728 RLC 59728 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2538LRB097 14728 RLC 59728 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 1961 is amended by changing 
5Section 31A-1.1 as follows:

6 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
7 Sec. 31A-1.1. Bringing Contraband into a Penal 
8Institution;
Possessing Contraband in a Penal Institution.
9 (a) A person commits the offense of bringing contraband 
10into a penal
institution when he knowingly and without 
11authority of any person designated
or authorized to grant such 
12authority (1) brings an item of contraband into
a penal 
13institution or (2) causes another to bring an item of

14contraband into a penal institution or (3) places an item of

15contraband in such proximity to a penal institution as to give 
16an
inmate access to the contraband.
17 (b) A person commits the offense of possessing contraband 
18in a
penal institution when he possesses contraband in a penal 
19institution,
regardless of the intent with which he possesses 
20it.
21 (c) For the purposes of this Section, the words and phrases

22listed below shall be defined as follows:
23  (1) "Penal institution" means any penitentiary, State 
 
 
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1 farm,
reformatory, prison, jail, house of correction, 
2 police detention area,
half-way house or other institution 
3 or place for the incarceration or
custody of persons under 
4 sentence for offenses awaiting trial or sentence
for 
5 offenses, under arrest for an offense, a violation of 
6 probation, a
violation of parole, or a violation of 
7 mandatory supervised release, or
awaiting a bail setting 
8 hearing or preliminary hearing; provided that where
the 
9 place for incarceration or custody is housed within another 
10 public
building this Act shall not apply to that part of 
11 such building unrelated
to the incarceration or custody of 
12 persons.
13  (2) "Item of contraband" means any of the following:
14   (i) "Alcoholic liquor" as such term is defined in 
15 Section 1-3.05 of the
Liquor Control Act of 1934.
16   (ii) "Cannabis" as such term is defined in 
17 subsection (a) of Section 3
of the Cannabis Control 
18 Act.
19   (iii) "Controlled substance" as such term is 
20 defined in the Illinois
Controlled Substances Act.
21   (iii-a) "Methamphetamine" as such term is defined 
22 in the Illinois Controlled Substances Act or the 
23 Methamphetamine Control and Community Protection Act.

24   (iv) "Hypodermic syringe" or hypodermic needle, or 
25 any instrument
adapted for use of controlled 
26 substances or cannabis by subcutaneous injection.
 
 
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1   (v) "Weapon" means any knife, dagger, dirk, billy, 
2 razor, stiletto,
broken bottle, or other piece of glass 
3 which could be used as a dangerous
weapon. Such term 
4 includes any of the devices or implements designated in

5 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 
6 of this
Act, or any other dangerous weapon or 
7 instrument of like character. 
8   (vi) "Firearm" means any device, by whatever name 
9 known, which is
designed to expel a projectile or 
10 projectiles by the action of an
explosion, expansion of 
11 gas or escape of gas, including but not limited to:
12    (A) any pneumatic gun, spring gun, or B-B gun 
13 which expels a single
globular projectile not 
14 exceeding .18 inch in diameter, or;
15    (B) any device used exclusively for signaling 
16 or safety and required
as
recommended by the United 
17 States Coast Guard or the Interstate Commerce

18 Commission; or
19    (C) any device used exclusively for the firing 
20 of stud cartridges,
explosive rivets or industrial 
21 ammunition; or
22    (D) any device which is powered by electrical 
23 charging units, such as
batteries, and which fires 
24 one or several barbs attached to a length of
wire 
25 and which, upon hitting a human, can send out 
26 current capable of
disrupting the person's nervous 
 
 
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1 system in such a manner as to render him
incapable 
2 of normal functioning, commonly referred to as a 
3 stun gun or taser.
4   (vii) "Firearm ammunition" means any 
5 self-contained cartridge or shotgun
shell, by whatever 
6 name known, which is designed to be used or adaptable 
7 to
use in a firearm, including but not limited to:
8    (A) any ammunition exclusively designed for 
9 use with a device used
exclusively for signaling or 
10 safety and required or recommended by the
United 
11 States Coast Guard or the Interstate Commerce 
12 Commission; or
13    (B) any ammunition designed exclusively for 
14 use with a stud or rivet
driver or other similar 
15 industrial ammunition.
16   (viii) "Explosive" means, but is not limited to, 
17 bomb, bombshell,
grenade, bottle or other container 
18 containing an explosive substance of
over one-quarter 
19 ounce for like purposes such as black powder bombs and

20 Molotov cocktails or artillery projectiles.
21   (ix) "Tool to defeat security mechanisms" means, 
22 but is not limited to,
handcuff or security restraint 
23 key, tool designed to pick locks, popper, or any device 
24 or
instrument used to or capable of unlocking or 
25 preventing from locking any handcuff or security 
26 restraints, doors to
cells, rooms, gates or other areas 
 
 
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1 of the penal institution.
2   (x) "Cutting tool" means, but is not limited to, 
3 hacksaw blade,
wirecutter,
or device, instrument or 
4 file capable of cutting through metal.
5   (xi) "Electronic contraband" means, but is not 
6 limited to, any
electronic, video recording device, 
7 computer, or cellular communications
equipment, 
8 including, but not
limited to, cellular telephones, 
9 cellular telephone batteries, videotape
recorders, 
10 pagers,
computers, and computer peripheral equipment 
11 brought into or possessed in a
penal institution 
12 without the written authorization of the Chief 
13 Administrative
Officer.
14 (d) Bringing alcoholic liquor into a penal institution is a 
15Class 4
felony. Possessing alcoholic liquor in a penal 
16institution is a Class 4
felony.
17 (e) Bringing cannabis into a penal institution is a Class 3 
18felony.
Possessing cannabis in a penal institution is a Class 3 
19felony.
20 (f) Bringing any amount of a controlled substance 
21classified in
Schedules III, IV or V of Article II of the 
22Controlled Substance Act into a
penal institution is a Class 2 
23felony. Possessing any amount of a
controlled substance 
24classified in Schedule III, IV, or V of Article II of
the 
25Controlled Substance Act in a penal institution is a Class 2 
26felony.
 
 
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1 (g) Bringing any amount of a controlled substance 
2classified in
Schedules I or II of Article II of the Controlled 
3Substance Act into a
penal institution is a Class 1 felony. 
4Possessing any amount of a
controlled substance classified in 
5Schedules I or II of Article II of the
Controlled Substance Act 
6in a penal institution is a Class 1 felony.
7 (h) Bringing an item of contraband listed in paragraph (iv) 
8of
subsection (c)(2) into a penal institution is a Class 1 
9felony. Possessing
an item of contraband listed in paragraph 
10(iv) of subsection (c)(2) in a
penal institution is a Class 1 
11felony.
12 (i) Bringing an item of contraband listed in paragraph (v), 
13(ix),
(x), or (xi)
of subsection
(c)(2) into a penal 
14institution is a Class 1 felony. Possessing an item of

15contraband listed in paragraph (v), (ix), (x), or (xi) of

16subsection (c)(2) in a
penal
institution is a Class 1 felony.
17 (j) Bringing an item of contraband listed in paragraphs 
18(vi), (vii) or
(viii) of subsection (c)(2) in a penal 
19institution is a Class X felony.
Possessing an item of 
20contraband listed in paragraphs (vi), (vii), or
(viii) of 
21subsection (c)(2) in a penal institution is a Class X felony.
22 (k) It shall be an affirmative defense to subsection
(b) 
23hereof, that
such possession was specifically authorized by 
24rule, regulation, or
directive of the governing authority of 
25the penal institution or order
issued pursuant thereto.
26 (l) It shall be an affirmative defense to subsection (a)(1) 
 
 
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1and
subsection (b) hereof that the person bringing into or 
2possessing
contraband in a penal institution had been arrested, 
3and that that person
possessed such contraband at the time of 
4his
arrest, and that such contraband was brought into or 
5possessed in the penal
institution by that person as a direct 
6and immediate result of his arrest.
7 (m) Items confiscated may be retained for use by the 
8Department of
Corrections or disposed of as deemed appropriate 
9by the Chief Administrative
Officer in accordance with 
10Department rules or disposed of as required by
law.
11 (n)(1) If a person visiting an inmate in a penal 
12institution, upon being searched or subjected to a metal 
13detector,
is found to be in possession of cellular 
14communications
equipment, that equipment shall be subject to 
15confiscation but shall be returned
on the same day the person 
16visits the inmate, unless the
cellular communications

17equipment is held as evidence in a case where the person is

18cited for a violation of subsection (i).
19 (2) If, upon investigation, it is determined that no 
20prosecution
will take place, the cellular communications

21equipment shall be returned to
the owner at the owner's 
22expense.
23 (3) Notice of the provisions of paragraphs (1) and (2) of 
24this subsection (n) shall be posted in all areas where
visitors 
25are searched prior to visitation with an inmate in the custody 
26of the penal institution.
 
 
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1 (4)
A person who brings, without authorization, cellular 
2communications
equipment within the secure perimeter of any 
3penal institution
is deemed to have given his or her consent to 
4the
governing authority of the penal institution using 
5available technology to prevent that cellular communications

6equipment
from sending or receiving telephone calls or other 
7forms of
electronic communication. Notice of the provisions of 
8this paragraph (4) shall be posted at
all public entry gates of 
9the penal institution.
10 (5) The governing authority of the penal institution shall 
11not access data or communications that
have been captured using 
12available technology from unauthorized use
of the cellular 
13communications
equipment except after obtaining a valid
search 
14warrant.
15 (6) The governing authority of the penal institution shall 
16not capture data or communications from
authorized cellular 
17communications
equipment, except as provided by law.
18 (7) The governing authority of the penal institution shall 
19not access data or communications that
have been captured using 
20available technology from authorized
cellular communications

21equipment, except as provided by law.
22 (8) If the available technology to prevent cellular 
23communications
equipment
from sending and receiving telephone 
24calls or other forms of
electronic communication extends beyond 
25the secure perimeter of the
penal institution, the governing 
26authority of the penal institution shall take all reasonable

 
 
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1actions to correct the problem.
2 (9)
Any contractor or employee of a contractor or the 
3governing authority of the penal institution
who knowingly and 
4willfully, without authorization, obtains,
discloses, or uses 
5confidential information in violation of
this subsection (n) 
6shall be subject to an administrative
fine or civil penalty not 
7to exceed $5,000
for a first violation, $10,000 for a second

8violation, and $25,000 for a third or
subsequent violation.
9 (10)
Nothing in this subsection (n) prohibits the governing 
10authority of the penal institution from
obtaining electronic 
11communications that the governing authority of the penal 
12institution could have
lawfully obtained prior to the effective 
13date of this amendatory Act of the 97th General Assembly. 
14(Source: P.A. 96-1112, eff. 1-1-11.)

15 Section 10. The Unified Code of Corrections is amended by 
16changing Section 3-6-3 as follows:



17 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


18 Sec. 3-6-3. Rules and Regulations for Early Release. 


19  (a) (1) The Department of Corrections shall prescribe 
20 rules
and regulations for the early release on account of 
21 good
conduct of persons committed to the Department which 
22 shall
be subject to review by the Prisoner Review Board.


23  (2) The rules and regulations on early release shall 
24 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 
2 June 19, 1998 or with respect to the offense listed in 
3 clause (iv) of this paragraph (2) committed on or after 
4 June 23, 2005 (the effective date of Public Act 94-71) or 
5 with
respect to offense listed in clause (vi)
committed on 
6 or after June 1, 2008 (the effective date of Public Act 
7 95-625)
or with respect to the offense of being an armed 
8 habitual criminal committed on or after August 2, 2005 (the 
9 effective date of Public Act 94-398) or with respect to the 
10 offenses listed in clause (v) of this paragraph (2) 
11 committed on or after August 13, 2007 (the effective date 
12 of Public Act 95-134) or with respect to the offense of 
13 aggravated domestic battery committed on or after July 23, 
14 2010 (the effective date of Public Act 96-1224), the 
15 following:


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


20   (ii) that a prisoner serving a sentence for attempt 
21 to commit first
degree murder, solicitation of murder, 
22 solicitation of murder for hire,
intentional homicide 
23 of an unborn child, predatory criminal sexual assault 
24 of a
child, aggravated criminal sexual assault, 
25 criminal sexual assault, aggravated
kidnapping, 
26 aggravated battery with a firearm as described in 
 
 
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1 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), 
2 or (e)(4) of Section 12-3.05, heinous battery as 
3 described in Section 12-4.1 or subdivision (a)(2) of 
4 Section 12-3.05, being an armed habitual criminal, 
5 aggravated
battery of a senior citizen as described in 
6 Section 12-4.6 or subdivision (a)(4) of Section 
7 12-3.05, or aggravated battery of a child as described 
8 in Section 12-4.3 or subdivision (b)(1) of Section 
9 12-3.05 shall receive no
more than 4.5 days of good 
10 conduct credit for each month of his or her sentence
of 
11 imprisonment;


12   (iii) that a prisoner serving a sentence
for home 
13 invasion, armed robbery, aggravated vehicular 
14 hijacking,
aggravated discharge of a firearm, or armed 
15 violence with a category I weapon
or category II 
16 weapon, when the court
has made and entered a finding, 
17 pursuant to subsection (c-1) of Section 5-4-1
of this 
18 Code, that the conduct leading to conviction for the 
19 enumerated offense
resulted in great bodily harm to a 
20 victim, shall receive no more than 4.5 days
of good 
21 conduct credit for each month of his or her sentence of 
22 imprisonment;

23   (iv) that a prisoner serving a sentence for 
24 aggravated discharge of a firearm, whether or not the 
25 conduct leading to conviction for the offense resulted 
26 in great bodily harm to the victim, shall receive no 
 
 
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1 more than 4.5 days of good conduct credit for each 
2 month of his or her sentence of imprisonment;

3   (v) that a person serving a sentence for 
4 gunrunning, narcotics racketeering, controlled 
5 substance trafficking, methamphetamine trafficking, 
6 drug-induced homicide, aggravated 
7 methamphetamine-related child endangerment, money 
8 laundering pursuant to clause (c) (4) or (5) of Section 
9 29B-1 of the Criminal Code of 1961, or a Class X felony 
10 conviction for delivery of a controlled substance, 
11 possession of a controlled substance with intent to 
12 manufacture or deliver, calculated criminal drug 
13 conspiracy, criminal drug conspiracy, street gang 
14 criminal drug conspiracy, participation in 
15 methamphetamine manufacturing, aggravated 
16 participation in methamphetamine manufacturing, 
17 delivery of methamphetamine, possession with intent to 
18 deliver methamphetamine, aggravated delivery of 
19 methamphetamine, aggravated possession with intent to 
20 deliver methamphetamine, methamphetamine conspiracy 
21 when the substance containing the controlled substance 
22 or methamphetamine is 100 grams or more shall receive 
23 no more than 7.5 days good conduct credit for each 
24 month of his or her sentence of imprisonment;

25   (vi)
that a prisoner serving a sentence for a 
26 second or subsequent offense of luring a minor shall 
 
 
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1 receive no more than 4.5 days of good conduct credit 
2 for each month of his or her sentence of imprisonment; 
3 and

4   (vii) that a prisoner serving a sentence for 
5 aggravated domestic battery shall receive no more than 
6 4.5 days of good conduct credit for each month of his 
7 or her sentence of imprisonment. 

8  (2.1) For all offenses, other than those enumerated in 
9 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
10 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
11 after June 23, 2005 (the effective date of Public Act 
12 94-71) or subdivision (a)(2)(v) committed on or after 
13 August 13, 2007 (the effective date of Public Act 95-134)

14 or subdivision (a)(2)(vi) committed on or after June 1, 
15 2008 (the effective date of Public Act 95-625) or 
16 subdivision (a)(2)(vii) committed on or after July 23, 2010 
17 (the effective date of Public Act 96-1224), and other than 
18 the offense of aggravated driving under the influence of 
19 alcohol, other drug or drugs, or
intoxicating compound or 
20 compounds, or any combination thereof as defined in

21 subparagraph (F) of paragraph (1) of subsection (d) of 
22 Section 11-501 of the
Illinois Vehicle Code, and other than 
23 the offense of aggravated driving under the influence of 
24 alcohol,
other drug or drugs, or intoxicating compound or 
25 compounds, or any combination
thereof as defined in 
26 subparagraph (C) of paragraph (1) of subsection (d) of

 
 
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1 Section 11-501 of the Illinois Vehicle Code committed on or 
2 after January 1, 2011 (the effective date of Public Act 
3 96-1230),
the rules and regulations shall
provide that a 
4 prisoner who is serving a term of
imprisonment shall 
5 receive one day of good conduct credit for each day of
his 
6 or her sentence of imprisonment or recommitment under 
7 Section 3-3-9.
Each day of good conduct credit shall reduce 
8 by one day the prisoner's period
of imprisonment or 
9 recommitment under Section 3-3-9.


10  (2.2) A prisoner serving a term of natural life 
11 imprisonment or a
prisoner who has been sentenced to death 
12 shall receive no good conduct
credit.


13  (2.3) The rules and regulations on early release shall 
14 provide that
a prisoner who is serving a sentence for 
15 aggravated driving under the influence of alcohol,
other 
16 drug or drugs, or intoxicating compound or compounds, or 
17 any combination
thereof as defined in subparagraph (F) of 
18 paragraph (1) of subsection (d) of
Section 11-501 of the 
19 Illinois Vehicle Code, shall receive no more than 4.5
days 
20 of good conduct credit for each month of his or her 
21 sentence of
imprisonment.


22  (2.4) The rules and regulations on early release shall 
23 provide with
respect to the offenses of aggravated battery 
24 with a machine gun or a firearm
equipped with any device or 
25 attachment designed or used for silencing the
report of a 
26 firearm or aggravated discharge of a machine gun or a 
 
 
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1 firearm
equipped with any device or attachment designed or 
2 used for silencing the
report of a firearm, committed on or 
3 after
July 15, 1999 (the effective date of Public Act 
4 91-121),
that a prisoner serving a sentence for any of 
5 these offenses shall receive no
more than 4.5 days of good 
6 conduct credit for each month of his or her sentence
of 
7 imprisonment.


8  (2.5) The rules and regulations on early release shall 
9 provide that a
prisoner who is serving a sentence for 
10 aggravated arson committed on or after
July 27, 2001 (the 
11 effective date of Public Act 92-176) shall receive no more 
12 than
4.5 days of good conduct credit for each month of his 
13 or her sentence of
imprisonment.

14  (2.6) The rules and regulations on early release shall 
15 provide that a
prisoner who is serving a sentence for 
16 aggravated driving under the influence of alcohol,
other 
17 drug or drugs, or intoxicating compound or compounds or any 
18 combination
thereof as defined in subparagraph (C) of 
19 paragraph (1) of subsection (d) of
Section 11-501 of the 
20 Illinois Vehicle Code committed on or after January 1, 2011 
21 (the effective date of Public Act 96-1230) shall receive no 
22 more than 4.5
days of good conduct credit for each month of 
23 his or her sentence of
imprisonment.

24  (3) The rules and regulations shall also provide that

25 the Director may award up to 180 days additional good 
26 conduct
credit for meritorious service in specific 
 
 
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1 instances as the
Director deems proper; except that no more 
2 than 90 days
of good conduct credit for meritorious service

3 shall be awarded to any prisoner who is serving a sentence 
4 for
conviction of first degree murder, reckless homicide 
5 while under the
influence of alcohol or any other drug,
or 
6 aggravated driving under the influence of alcohol, other 
7 drug or drugs, or
intoxicating compound or compounds, or 
8 any combination thereof as defined in
subparagraph (F) of 
9 paragraph (1) of subsection (d) of Section 11-501 of the

10 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

11 predatory criminal sexual assault of a child,
aggravated 
12 criminal sexual assault, criminal sexual assault, deviate 
13 sexual
assault, aggravated criminal sexual abuse, 
14 aggravated indecent liberties
with a child, indecent 
15 liberties with a child, child pornography, heinous
battery 
16 as described in Section 12-4.1 or subdivision (a)(2) of 
17 Section 12-3.05, aggravated battery of a spouse, 
18 aggravated battery of a spouse
with a firearm, stalking, 
19 aggravated stalking, aggravated battery of a child as 
20 described in Section 12-4.3 or subdivision (b)(1) of 
21 Section 12-3.05,
endangering the life or health of a child, 
22 or cruelty to a child. Notwithstanding the foregoing, good 
23 conduct credit for
meritorious service shall not be awarded 
24 on a
sentence of imprisonment imposed for conviction of: 
25 (i) one of the offenses
enumerated in subdivision 
26 (a)(2)(i), (ii), or (iii) when the offense is committed on 
 
 
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1 or after
June 19, 1998 or subdivision (a)(2)(iv) when the 
2 offense is committed on or after June 23, 2005 (the 
3 effective date of Public Act 94-71) or subdivision 
4 (a)(2)(v) when the offense is committed on or after August 
5 13, 2007 (the effective date of Public Act 95-134)
or 
6 subdivision (a)(2)(vi) when the offense is committed on or 
7 after June 1, 2008 (the effective date of Public Act 
8 95-625) or subdivision (a)(2)(vii) when the offense is 
9 committed on or after July 23, 2010 (the effective date of 
10 Public Act 96-1224), (ii) aggravated driving under the 
11 influence of alcohol, other drug or drugs, or
intoxicating 
12 compound or compounds, or any combination thereof as 
13 defined in
subparagraph (F) of paragraph (1) of subsection 
14 (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) 
15 one of the offenses enumerated in subdivision
(a)(2.4) when 
16 the offense is committed on or after
July 15, 1999 (the 
17 effective date of Public Act 91-121),
(iv) aggravated arson 
18 when the offense is committed
on or after July 27, 2001 
19 (the effective date of Public Act 92-176), (v) offenses 
20 that may subject the offender to commitment under the 
21 Sexually Violent Persons Commitment Act, or (vi) 
22 aggravated driving under the influence of alcohol,
other 
23 drug or drugs, or intoxicating compound or compounds or any 
24 combination
thereof as defined in subparagraph (C) of 
25 paragraph (1) of subsection (d) of
Section 11-501 of the 
26 Illinois Vehicle Code committed on or after January 1, 2011 
 
 
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1 (the effective date of Public Act 96-1230).

2  The Director shall not award good conduct credit for 
3 meritorious service under this paragraph (3) to an inmate 
4 unless the inmate has served a minimum of 60 days of the 
5 sentence; except nothing in this paragraph shall be 
6 construed to permit the Director to extend an inmate's 
7 sentence beyond that which was imposed by the court. Prior 
8 to awarding credit under this paragraph (3), the Director 
9 shall make a written determination that the inmate:
10   (A) is eligible for good conduct credit for 
11 meritorious service;
12   (B) has served a minimum of 60 days, or as close to 
13 60 days as the sentence will allow; and
14   (C) has met the eligibility criteria established 
15 by rule.
16  The Director shall determine the form and content of 
17 the written determination required in this subsection.

18  (4) The rules and regulations shall also provide that 
19 the good conduct
credit accumulated and retained under 
20 paragraph (2.1) of subsection (a) of
this Section by any 
21 inmate during specific periods of time in which such
inmate 
22 is engaged full-time in substance abuse programs, 
23 correctional
industry assignments, or educational programs 
24 provided by the Department
under this paragraph (4) and 
25 satisfactorily completes the assigned program as

26 determined by the standards of the Department, shall be 
 
 
SB2538- 19 -LRB097 14728 RLC 59728 b


1 multiplied by a factor
of 1.25 for program participation 
2 before August 11, 1993
and 1.50 for program participation 
3 on or after that date.
However, no inmate shall be eligible 
4 for the additional good conduct credit
under this paragraph 
5 (4) or (4.1) of this subsection (a) while assigned to a 
6 boot camp
or electronic detention, or if convicted of an 
7 offense enumerated in
subdivision (a)(2)(i), (ii), or 
8 (iii) of this Section that is committed on or after June 
9 19,
1998 or subdivision (a)(2)(iv) of this Section that is 
10 committed on or after June 23, 2005 (the effective date of 
11 Public Act 94-71) or subdivision (a)(2)(v) of this Section 
12 that is committed on or after August 13, 2007 (the 
13 effective date of Public Act 95-134)
or subdivision 
14 (a)(2)(vi) when the offense is committed on or after June 
15 1, 2008 (the effective date of Public Act 95-625) or 
16 subdivision (a)(2)(vii) when the offense is committed on or 
17 after July 23, 2010 (the effective date of Public Act 
18 96-1224), or if convicted of aggravated driving under the 
19 influence of alcohol, other drug or drugs, or
intoxicating 
20 compound or compounds or any combination thereof as defined 
21 in
subparagraph (F) of paragraph (1) of subsection (d) of 
22 Section 11-501 of the
Illinois Vehicle Code, or if 
23 convicted of aggravated driving under the influence of 
24 alcohol,
other drug or drugs, or intoxicating compound or 
25 compounds or any combination
thereof as defined in 
26 subparagraph (C) of paragraph (1) of subsection (d) of

 
 
SB2538- 20 -LRB097 14728 RLC 59728 b


1 Section 11-501 of the Illinois Vehicle Code committed on or 
2 after January 1, 2011 (the effective date of Public Act 
3 96-1230), or if convicted of an offense enumerated in 
4 paragraph
(a)(2.4) of this Section that is committed on or 
5 after
July 15, 1999 (the effective date of Public Act 
6 91-121),
or first degree murder, a Class X felony, criminal 
7 sexual
assault, felony criminal sexual abuse, aggravated 
8 criminal sexual abuse,
aggravated battery with a firearm as 
9 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
10 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
11 successor offenses
with the same or substantially the same 
12 elements, or any inchoate offenses
relating to the 
13 foregoing offenses. No inmate shall be eligible for the

14 additional good conduct credit under this paragraph (4) who 
15 (i) has previously
received increased good conduct credit 
16 under this paragraph (4) and has
subsequently been 
17 convicted of a
felony, or (ii) has previously served more 
18 than one prior sentence of
imprisonment for a felony in an 
19 adult correctional facility.


20  Educational, vocational, substance abuse and 
21 correctional
industry programs under which good conduct 
22 credit may be increased under
this paragraph (4) and 
23 paragraph (4.1) of this subsection (a) shall be evaluated 
24 by the Department on the basis of
documented standards. The 
25 Department shall report the results of these
evaluations to 
26 the Governor and the General Assembly by September 30th of 
 
 
SB2538- 21 -LRB097 14728 RLC 59728 b


1 each
year. The reports shall include data relating to the 
2 recidivism rate among
program participants.


3  Availability of these programs shall be subject to the

4 limits of fiscal resources appropriated by the General 
5 Assembly for these
purposes. Eligible inmates who are 
6 denied immediate admission shall be
placed on a waiting 
7 list under criteria established by the Department.
The 
8 inability of any inmate to become engaged in any such 
9 programs
by reason of insufficient program resources or for 
10 any other reason
established under the rules and 
11 regulations of the Department shall not be
deemed a cause 
12 of action under which the Department or any employee or

13 agent of the Department shall be liable for damages to the 
14 inmate.

15  (4.1) The rules and regulations shall also provide that 
16 an additional 60 days of good conduct credit shall be 
17 awarded to any prisoner who passes the high school level 
18 Test of General Educational Development (GED) while the 
19 prisoner is incarcerated. The good conduct credit awarded 
20 under this paragraph (4.1) shall be in addition to, and 
21 shall not affect, the award of good conduct under any other 
22 paragraph of this Section, but shall also be pursuant to 
23 the guidelines and restrictions set forth in paragraph (4) 
24 of subsection (a) of this Section.
The good conduct credit 
25 provided for in this paragraph shall be available only to 
26 those prisoners who have not previously earned a high 
 
 
SB2538- 22 -LRB097 14728 RLC 59728 b


1 school diploma or a GED. If, after an award of the GED good 
2 conduct credit has been made and the Department determines 
3 that the prisoner was not eligible, then the award shall be 
4 revoked.


5  (4.5) The rules and regulations on early release shall 
6 also provide that
when the court's sentencing order 
7 recommends a prisoner for substance abuse treatment and the

8 crime was committed on or after September 1, 2003 (the 
9 effective date of
Public Act 93-354), the prisoner shall 
10 receive no good conduct credit awarded under clause (3) of 
11 this subsection (a) unless he or she participates in and

12 completes a substance abuse treatment program. The 
13 Director may waive the requirement to participate in or 
14 complete a substance abuse treatment program and award the 
15 good conduct credit in specific instances if the prisoner 
16 is not a good candidate for a substance abuse treatment 
17 program for medical, programming, or operational reasons. 
18 Availability of
substance abuse treatment shall be subject 
19 to the limits of fiscal resources
appropriated by the 
20 General Assembly for these purposes. If treatment is not

21 available and the requirement to participate and complete 
22 the treatment has not been waived by the Director, the 
23 prisoner shall be placed on a waiting list under criteria

24 established by the Department. The Director may allow a 
25 prisoner placed on
a waiting list to participate in and 
26 complete a substance abuse education class or attend 
 
 
SB2538- 23 -LRB097 14728 RLC 59728 b


1 substance
abuse self-help meetings in lieu of a substance 
2 abuse treatment program. A prisoner on a waiting list who 
3 is not placed in a substance abuse program prior to release 
4 may be eligible for a waiver and receive good conduct 
5 credit under clause (3) of this subsection (a) at the 
6 discretion of the Director.

7  (4.6) The rules and regulations on early release shall 
8 also provide that a prisoner who has been convicted of a 
9 sex offense as defined in Section 2 of the Sex Offender 
10 Registration Act shall receive no good conduct credit 
11 unless he or she either has successfully completed or is 
12 participating in sex offender treatment as defined by the 
13 Sex Offender Management Board. However, prisoners who are 
14 waiting to receive such treatment, but who are unable to do 
15 so due solely to the lack of resources on the part of the 
16 Department, may, at the Director's sole discretion, be 
17 awarded good conduct credit at such rate as the Director 
18 shall determine.

19  (5) Whenever the Department is to release any inmate 
20 earlier than it
otherwise would because of a grant of good 
21 conduct credit for meritorious
service given at any time 
22 during the term, the Department shall give
reasonable 
23 notice of the impending release not less than 14 days prior 
24 to the date of the release to the State's
Attorney of the 
25 county where the prosecution of the inmate took place, and 
26 if applicable, the State's Attorney of the county into 
 
 
SB2538- 24 -LRB097 14728 RLC 59728 b


1 which the inmate will be released. The Department must also 
2 make identification information and a recent photo of the 
3 inmate being released accessible on the Internet by means 
4 of a hyperlink labeled "Community Notification of Inmate 
5 Early Release" on the Department's World Wide Web homepage.

6 The identification information shall include the inmate's: 
7 name, any known alias, date of birth, physical 
8 characteristics, residence address, commitment offense and 
9 county where conviction was imposed. The identification 
10 information shall be placed on the website within 3 days of 
11 the inmate's release and the information may not be removed 
12 until either: completion of the first year of mandatory 
13 supervised release or return of the inmate to custody of 
14 the Department.

15 (b) Whenever a person is or has been committed under

16several convictions, with separate sentences, the sentences

17shall be construed under Section 5-8-4 in granting and

18forfeiting of good time.

19 (c) The Department shall prescribe rules and regulations

20for revoking good conduct credit, or suspending or reducing
the 
21rate of accumulation of good conduct credit for specific
rule 
22violations, during imprisonment. These rules and regulations

23shall provide that no inmate may be penalized more than one

24year of good conduct credit for any one infraction.

25 When the Department seeks to revoke, suspend or reduce
the 
26rate of accumulation of any good conduct credits for
an alleged 
 
 
SB2538- 25 -LRB097 14728 RLC 59728 b


1infraction of its rules, it shall bring charges
therefor 
2against the prisoner sought to be so deprived of
good conduct 
3credits before the Prisoner Review Board as
provided in 
4subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
5amount of credit at issue exceeds 30 days or
when during any 12 
6month period, the cumulative amount of
credit revoked exceeds 
730 days except where the infraction is committed
or discovered 
8within 60 days of scheduled release. In those cases,
the 
9Department of Corrections may revoke up to 30 days of good 
10conduct credit.
The Board may subsequently approve the 
11revocation of additional good
conduct credit, if the Department 
12seeks to revoke good conduct credit in
excess of 30 days. 
13However, the Board shall not be empowered to review the

14Department's decision with respect to the loss of 30 days of 
15good conduct
credit within any calendar year for any prisoner 
16or to increase any penalty
beyond the length requested by the 
17Department.

18 The Director of the Department of Corrections, in 
19appropriate cases, may
restore up to 30 days good conduct 
20credits which have been revoked, suspended
or reduced. Any 
21restoration of good conduct credits in excess of 30 days shall

22be subject to review by the Prisoner Review Board. However, the 
23Board may not
restore good conduct credit in excess of the 
24amount requested by the Director.

25 Nothing contained in this Section shall prohibit the 
26Prisoner Review Board
from ordering, pursuant to Section 
 
 
SB2538- 26 -LRB097 14728 RLC 59728 b


13-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
2sentence imposed by the court that was not served due to the

3accumulation of good conduct credit.

4 (d) If a lawsuit is filed by a prisoner in an Illinois or 
5federal court
against the State, the Department of Corrections, 
6or the Prisoner Review Board,
or against any of
their officers 
7or employees, and the court makes a specific finding that a

8pleading, motion, or other paper filed by the prisoner is 
9frivolous, the
Department of Corrections shall conduct a 
10hearing to revoke up to
180 days of good conduct credit by 
11bringing charges against the prisoner
sought to be deprived of 
12the good conduct credits before the Prisoner Review
Board as 
13provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

14If the prisoner has not accumulated 180 days of good conduct 
15credit at the
time of the finding, then the Prisoner Review 
16Board may revoke all
good conduct credit accumulated by the 
17prisoner.

18 For purposes of this subsection (d):


19  (1) "Frivolous" means that a pleading, motion, or other 
20 filing which
purports to be a legal document filed by a 
21 prisoner in his or her lawsuit meets
any or all of the 
22 following criteria:


23   (A) it lacks an arguable basis either in law or in 
24 fact;


25   (B) it is being presented for any improper purpose, 
26 such as to harass or
to cause unnecessary delay or 
 
 
SB2538- 27 -LRB097 14728 RLC 59728 b


1 needless increase in the cost of litigation;


2   (C) the claims, defenses, and other legal 
3 contentions therein are not
warranted by existing law 
4 or by a nonfrivolous argument for the extension,

5 modification, or reversal of existing law or the 
6 establishment of new law;


7   (D) the allegations and other factual contentions 
8 do not have
evidentiary
support or, if specifically so 
9 identified, are not likely to have evidentiary
support 
10 after a reasonable opportunity for further 
11 investigation or discovery;
or


12   (E) the denials of factual contentions are not 
13 warranted on the
evidence, or if specifically so 
14 identified, are not reasonably based on a lack
of 
15 information or belief.


16  (2) "Lawsuit" means a motion pursuant to Section
116-3 
17 of the Code of Criminal Procedure of 1963, a habeas corpus 
18 action under
Article X of the Code of Civil Procedure or 
19 under federal law (28 U.S.C. 2254),
a petition for claim 
20 under the Court of Claims Act, an action under the
federal 
21 Civil Rights Act (42 U.S.C. 1983), or a second or 
22 subsequent petition for post-conviction relief under 
23 Article 122 of the Code of Criminal Procedure of 1963 
24 whether filed with or without leave of court or a second or 
25 subsequent petition for relief from judgment under Section 
26 2-1401 of the Code of Civil Procedure.

 
 
SB2538- 28 -LRB097 14728 RLC 59728 b


1 (e) Nothing in Public Act 90-592 or 90-593 affects the 
2validity of Public Act 89-404.

3 (f) Whenever the Department is to release any inmate who 
4has been convicted of a violation of an order of protection 
5under Section 12-3.4 or 12-30 of the Criminal Code of 1961, 
6earlier than it
otherwise would because of a grant of good 
7conduct credit, the Department, as a condition of such early 
8release, shall require that the person, upon release, be placed 
9under electronic surveillance as provided in Section 5-8A-7 of 
10this Code. 
11 (g) Any inmate who is found to be in possession of cellular 
12communications
equipment in violation of Section 31A-1.1 of the 
13Criminal Code of 1961 shall be subject to good conduct credit 
14denial or loss
of up to 90 days if confined to a Department of 
15Corrections facility. 
16(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 
1795-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 
1895-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. 
197-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, 
20eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 
2197-333, eff. 8-12-11.)



22 Section 15. The County Jail Good Behavior Allowance Act is 
23amended by changing Section 3.1 as follows:




24 (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)



 
 
SB2538- 29 -LRB097 14728 RLC 59728 b


1 Sec. 3.1. (a) Within 3 months after the effective date of 
2this
amendatory Act of 1986, the wardens who supervise 
3institutions under this
Act shall meet and agree upon uniform 
4rules and regulations for behavior
and conduct, penalties, and 
5the awarding, denying and revocation of good
behavior 
6allowance, in such institutions; and such rules and regulations

7shall be immediately promulgated and consistent with the 
8provisions of this
Act. Interim rules shall be provided by each 
9warden consistent with the
provision of this Act and shall be 
10effective until the promulgation of
uniform rules. All 
11disciplinary action shall be consistent with the
provisions of 
12this Act. Committed persons shall be informed of rules of

13behavior and conduct, the penalties for violation thereof, and 
14the
disciplinary procedure by which such penalties may be 
15imposed. Any rules,
penalties and procedures shall be posted 
16and made available to the committed persons. 

17 (b) Whenever a person is alleged to have violated a rule of 
18behavior, a
written report of the infraction shall be filed 
19with the warden within 72
hours of the occurrence of the 
20infraction or the discovery of it, and such
report shall be 
21placed in the file of the institution or facility. No

22disciplinary proceeding shall be commenced more than 8 days 
23after the infraction or the
discovery of it, unless the 
24committed person is unable or unavailable for
any reason to 
25participate in the disciplinary proceeding.

26 (c) All or any of the good behavior allowance earned may be 
 
 
SB2538- 30 -LRB097 14728 RLC 59728 b


1revoked by
the warden, unless he initiates the charge, and in 
2that case by the
disciplinary board, for violations of rules of 
3behavior at any time prior
to discharge from the institution, 
4consistent with the provisions of this Act.

5 (d) In disciplinary cases that may involve the loss of good 
6behavior
allowance or eligibility to earn good behavior 
7allowance, the warden shall
establish disciplinary procedures 
8consistent with the following principles:

9  (1) The warden may establish one or more disciplinary 
10 boards, made up of
one or more persons, to hear and 
11 determine charges. Any person
who initiates a disciplinary 
12 charge against a committed person shall not
serve on the 
13 disciplinary board that will determine the disposition of 
14 the
charge. In those cases in which the charge was 
15 initiated by the warden, he
shall establish a disciplinary 
16 board which will have the authority to
impose any 
17 appropriate discipline.

18  (2) Any committed person charged with a violation of 
19 rules of behavior
shall be given notice of the charge, 
20 including a statement of the
misconduct alleged and of the 
21 rules this conduct is alleged to violate, no
less than 24 
22 hours before the disciplinary hearing.

23  (3) Any committed person charged with a violation of 
24 rules is entitled
to a hearing on that charge, at which 
25 time he shall have an opportunity to
appear before and 
26 address the warden or disciplinary board deciding the 
 
 
SB2538- 31 -LRB097 14728 RLC 59728 b


1 charge.

2  (4) The person or persons determining the disposition 
3 of the charge may
also summon to testify any witnesses or 
4 other persons with relevant
knowledge of the incident. The 
5 person charged may be permitted to question
any person so 
6 summoned.

7  (5) If the charge is sustained, the person charged is 
8 entitled to a
written statement, within 14 days after the 
9 hearing, of the decision by the
warden or the disciplinary 
10 board which determined the disposition of the
charge, and 
11 the statement shall include the basis for the decision and 
12 the
disciplinary action, if any, to be imposed.

13  (6) The warden may impose the discipline recommended by 
14 the disciplinary
board, or may reduce the discipline 
15 recommended; however, no committed
person may be penalized 
16 more than 30 days of good behavior allowance for
any one 
17 infraction.

18  (7) The warden, in appropriate cases, may restore good 
19 behavior
allowance that has been revoked, suspended or 
20 reduced.

21 (e) The warden, or his or her designee, may revoke the good 
22behavior allowance specified in Section 3 of this Act of an 
23inmate who is sentenced to the Illinois Department of 
24Corrections for misconduct committed by the inmate while in 
25custody of the warden. If an inmate while in custody of the 
26warden is convicted of assault or battery on a peace officer, 
 
 
SB2538- 32 -LRB097 14728 RLC 59728 b


1correctional employee, or another inmate, or for criminal 
2damage to property or for bringing into or possessing 
3contraband in the penal institution in violation of Section 
431A-1.1 of the Criminal Code of 1961, his or her day for day 
5good behavior allowance shall be revoked for each day such 
6allowance was earned while the inmate was in custody of the 
7warden. If an inmate brings into or possesses contraband in the 
8penal institution that is cellular communications
equipment, 
9the warden may revoke up to 90 days of the inmate's good 
10behavior allowance. 
11(Source: P.A. 96-495, eff. 1-1-10.)







 
 
SB2538- 33 -LRB097 14728 RLC 59728 b


1
INDEX

2
Statutes amended in order of appearance

3 720 ILCS 5/31A-1.1from Ch. 38, par. 31A-1.1
4 730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
5 730 ILCS 130/3.1from Ch. 75, par. 32.1