Bill Text: IL SB3294 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Provides that conditions of every parole, aftercare release, and mandatory supervised release are that the subject follow any specific instructions of the parole agent or aftercare specialist that are consistent with furthering conditions set by the Prisoner Review Board or by law, which may include use of an approved electronic monitoring device for a period not to exceed 30 days. Provides that the Department of Corrections in addition to the Prisoner Review Board may set conditions of parole, aftercare release, or mandatory supervised release as provided by law. Provides that the additional sentence credit for an inmate engaged in certain programs and who satisfactorily completes the assigned program is available to an inmate while assigned to a boot camp or electronic detention, to an inmate who has previously received increased good conduct credit under this provision and has subsequently been convicted of a felony, has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility or is sentenced on certain offenses with standard day for day sentence credit.

Sponsorship: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed - Dead) 2016-05-11 - Added Alternate Chief Co-Sponsor Rep. Michael J. Zalewski [SB3294 Detail]

Download: Illinois-2015-SB3294-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-7, 3-6-3, and 3-14-2 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole, Mandatory Supervised
Release, or Aftercare Release.
(a) The conditions of parole, aftercare release, or
mandatory supervised release shall be such as the Prisoner
Review Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole, aftercare
release, and mandatory supervised release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole, aftercare release, or
release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of Corrections
or to the Department of Juvenile Justice;
(4) permit the agent or aftercare specialist to visit
him or her at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist

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to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole, aftercare
release, or mandatory supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections or to the Department of Juvenile Justice as
soon as permitted by the arresting authority but in no
event later than 24 hours after release from custody and
immediately report service or notification of an order of
protection, a civil no contact order, or a stalking no
contact order to an agent of the Department of Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has

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been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the effective
date of Public Act 94-988), wear an approved electronic
monitoring device as defined in Section 5-8A-2 for the
duration of the person's parole, aftercare release,
mandatory supervised release term, or extended mandatory
supervised release term and if convicted for an offense of
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
criminal sexual abuse, aggravated criminal sexual abuse,
or ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when the
victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)

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capability for the duration of the person's parole,
aftercare release, mandatory supervised release term, or
extended mandatory supervised release term;
(7.8) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (7.8), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
the Criminal Code of 2012, consent to search of computers,
PDAs, cellular phones, and other devices under his or her
control that are capable of accessing the Internet or
storing electronic files, in order to confirm Internet
protocol addresses reported in accordance with the Sex
Offender Registration Act and compliance with conditions

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in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the
effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, aftercare specialist, a law enforcement
officer, or assigned computer or information
technology specialist, including the retrieval and
copying of all data from the computer or device and any
internal or external peripherals and removal of such
information, equipment, or device to conduct a more
thorough inspection;

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(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
changing his or her residence or employment;

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(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections or an aftercare specialist of the
Department of Juvenile Justice;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her parole agent
or aftercare specialist and not associate with persons who
are members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole, aftercare release, or mandatory supervised release
or to his or her conduct while incarcerated, in response to
inquiries by his or her parole agent or of the Department
of Corrections or by his or her aftercare specialist or of
the Department of Juvenile Justice;
(15) follow any specific instructions provided by the
parole agent or aftercare specialist that are consistent
with furthering conditions set and approved by the Prisoner

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Review Board or by law, which may include use of an
approved electronic monitoring device as defined in
Section 5-8A-2 of this Code for a period not to exceed 30
days, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole,
aftercare release, or mandatory supervised release or to
protect the public. These instructions by the parole agent
or aftercare specialist may be modified at any time, as the
agent or aftercare specialist deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic

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Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act; and
(19) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);

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(7) (blank);
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, refrain
from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (7.5), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising

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agent or aftercare specialist, a law enforcement
officer, or assigned computer or information
technology specialist, including the retrieval and
copying of all data from the computer or device and any
internal or external peripherals and removal of such
information, equipment, or device to conduct a more
thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist; and
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex

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offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections or Department of Juvenile Justice, may be required
by the Board to comply with the following specific conditions
of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections or the Department of Juvenile Justice prior
to accepting employment or pursuing a course of study or
vocational training and notify the Department prior to any
change in employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections or the Department of
Juvenile Justice;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections or the Department of Juvenile
Justice. The terms may include consideration of the purpose

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of the entry, the time of day, and others accompanying the
person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections or
the Department of Juvenile Justice;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third party,
with minor children without prior identification and
approval of an agent of the Department of Corrections or
the Department of Juvenile Justice;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or any
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;

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(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections or the Department of Juvenile
Justice and immediately report any incidental contact with
minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections or the Department of
Juvenile Justice;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections or the Department of Juvenile Justice;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
or aftercare specialist before driving alone in a motor
vehicle.
(c) The conditions under which the parole, aftercare
release, or mandatory supervised release is to be served shall

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be communicated to the person in writing prior to his or her
release, and he or she shall sign the same before release. A
signed copy of these conditions, including a copy of an order
of protection where one had been issued by the criminal court,
shall be retained by the person and another copy forwarded to
the officer or aftercare specialist in charge of his or her
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole,
aftercare release, or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) (Blank).
(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Sentence Credit.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for awarding and revoking sentence
credit for persons committed to the Department which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may

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be awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or with respect to the offense of
aggravated domestic battery committed on or after July 23,
2010 (the effective date of Public Act 96-1224) or with
respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date

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of Public Act 97-990), 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 sentence credit and shall
serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit terrorism, attempt to commit first degree
murder, solicitation of murder, solicitation of murder
for hire, intentional homicide of an unborn child,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, aggravated kidnapping, aggravated battery
with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
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 sentence 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

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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 sentence
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
more than 4.5 days of sentence 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 the Criminal Code
of 2012, 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,

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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 sentence 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
receive no more than 4.5 days of sentence 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 sentence 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,

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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
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 sentence credit for each day of his or
her sentence of imprisonment or recommitment under Section
3-3-9. Each day of sentence 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 sentence credit.
(2.3) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for

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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 sentence credit for each month of his or her sentence of
imprisonment.
(2.4) The rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine
gun or a firearm equipped with any device or attachment
designed or used for silencing the report of a firearm,
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), that a prisoner serving a sentence for
any of these offenses shall receive no more than 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on sentence credit
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 sentence credit for each month of his or
her sentence of imprisonment.
(2.6) The rules and regulations on sentence credit

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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 sentence 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 sentence
credit for good conduct in specific instances as the
Director deems proper. The good conduct may include, but is
not limited to, compliance with the rules and regulations
of the Department, service to the Department, service to a
community, or service to the State. However, the Director
shall not award more than 90 days of sentence credit for
good conduct 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

SB3294 Engrossed - 23 - LRB099 20433 RLC 44932 b
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,
sentence credit for good conduct shall not be awarded on a
sentence of imprisonment imposed for conviction of: (i) one
of the offenses enumerated in subdivision (a)(2)(i), (ii),
or (iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is 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

SB3294 Engrossed - 24 - LRB099 20433 RLC 44932 b
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this

SB3294 Engrossed - 25 - LRB099 20433 RLC 44932 b
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 the sentence credit;
(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.
(3.5) The Department shall provide annual written
reports to the Governor and the General Assembly on the
award of sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and

SB3294 Engrossed - 26 - LRB099 20433 RLC 44932 b
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence 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, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completes the assigned
program as determined by the standards of the Department,
shall be multiplied by a factor of 1.25 for program
participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer
substance abuse program, educational program, behavior
modification program, life skills course, or re-entry
planning provided by the county department of corrections
or county jail. Calculation of this county program credit
shall be done at sentencing as provided in Section

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5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for
the additional sentence 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
Section 11-501 of the Illinois Vehicle Code committed on or

SB3294 Engrossed - 28 - LRB099 20433 RLC 44932 b
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 that does
not qualify for day for day sentence credit under paragraph
(2.1) of this subsection (a), criminal sexual assault,
felony criminal sexual abuse that does not qualify for day
for day sentence credit under paragraph (2.1) of this
subsection (a), aggravated criminal sexual abuse that does
not qualify for day for day sentence credit under paragraph
(2.1) of this subsection (a), 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 that does not qualify for
day for day sentence credit under paragraph (2.1) of this
subsection (a), or any inchoate offenses relating to the
foregoing offenses that does not qualify for day for day
sentence credit under paragraph (2.1) of this subsection
(a). 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

SB3294 Engrossed - 29 - LRB099 20433 RLC 44932 b
correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence credit may be increased under this paragraph (4)
and paragraph (4.1) of this subsection (a) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by
September 30th of each year. The reports shall include data
relating to the recidivism rate among program
participants.
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 90 days of sentence credit shall be awarded

SB3294 Engrossed - 30 - LRB099 20433 RLC 44932 b
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not
affect, the award of sentence credit 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 sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a high school equivalency certificate.
If, after an award of the high school equivalency testing
sentence credit has been made, the Department determines
that the prisoner was not eligible, then the award shall be
revoked. The Department may also award 90 days of sentence
credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department
of Corrections.
(4.5) The rules and regulations on sentence credit
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 sentence credit awarded under clause (3) of this
subsection (a) unless he or she participates in and

SB3294 Engrossed - 31 - LRB099 20433 RLC 44932 b
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
sentence 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
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 sentence credit
under clause (3) of this subsection (a) at the discretion
of the Director.
(4.6) The rules and regulations on sentence credit
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 sentence credit
unless he or she either has successfully completed or is

SB3294 Engrossed - 32 - LRB099 20433 RLC 44932 b
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive 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 sentence credit at a 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
sentence credit for good conduct under paragraph (3) of
subsection (a) of this Section given at any time during the
term, the Department shall give reasonable notice of the
impending release not less than 14 days prior to the date
of the release to the State's Attorney of the county where
the prosecution of the inmate took place, and if
applicable, the State's Attorney of the county into which
the inmate will be released. The Department must also make
identification information and a recent photo of the inmate
being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense and county where
conviction was imposed. The identification information
shall be placed on the website within 3 days of the

SB3294 Engrossed - 33 - LRB099 20433 RLC 44932 b
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 sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
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

SB3294 Engrossed - 34 - LRB099 20433 RLC 44932 b
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence 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 sentence 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 of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence 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
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 sentence 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

SB3294 Engrossed - 35 - LRB099 20433 RLC 44932 b
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence 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 sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence 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
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

SB3294 Engrossed - 36 - LRB099 20433 RLC 44932 b
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.
(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 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in

SB3294 Engrossed - 37 - LRB099 20433 RLC 44932 b
Section 5-8A-7 of this Code.
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
eff. 1-1-16; revised 10-19-15.)
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons
placed on parole or mandatory supervised release or released
pursuant to Section 3-3-10 of this Code and shall supervise
such persons during their parole or release period in accord
with the conditions set by the Prisoner Review Board or
conditions of parole, aftercare release, or mandatory
supervised release under Section 3-3-7 of this Code. The Such
conditions shall include referral to an alcohol or drug abuse
treatment program, as appropriate, if the such person has
previously been identified as having an alcohol or drug abuse
problem. Such conditions may include that the person use an
approved electronic monitoring device subject to Article 8A of
Chapter V.
(b) The Department shall assign personnel to assist persons
eligible for parole in preparing a parole plan. Such Department
personnel shall make a report of their efforts and findings to
the Prisoner Review Board prior to its consideration of the
case of such eligible person.
(c) A copy of the conditions of his parole or release shall

SB3294 Engrossed - 38 - LRB099 20433 RLC 44932 b
be signed by the parolee or releasee and given to him and to
his supervising officer who shall report on his progress under
the rules and regulations of the Prisoner Review Board. The
supervising officer shall report violations to the Prisoner
Review Board and shall have the full power of peace officers in
the arrest and retaking of any parolees or releasees or the
officer may request the Department to issue a warrant for the
arrest of any parolee or releasee who has allegedly violated
his parole or release conditions.
(c-1) The supervising officer shall request the Department
to issue a parole violation warrant, and the Department shall
issue a parole violation warrant, under the following
circumstances:
(1) if the parolee or releasee commits an act that
constitutes a felony using a firearm or knife,
(2) if applicable, fails to comply with the
requirements of the Sex Offender Registration Act,
(3) if the parolee or releasee is charged with:
(A) a felony offense of domestic battery under
Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012,
(B) aggravated domestic battery under Section
12-3.3 of the Criminal Code of 1961 or the Criminal
Code of 2012,
(C) stalking under Section 12-7.3 of the Criminal
Code of 1961 or the Criminal Code of 2012,

SB3294 Engrossed - 39 - LRB099 20433 RLC 44932 b
(D) aggravated stalking under Section 12-7.4 of
the Criminal Code of 1961 or the Criminal Code of 2012,
(E) violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or
(F) any offense that would require registration as
a sex offender under the Sex Offender Registration Act,
or
(4) if the parolee or releasee is on parole or
mandatory supervised release for a murder, a Class X felony
or a Class 1 felony violation of the Criminal Code of 1961
or the Criminal Code of 2012, or any felony that requires
registration as a sex offender under the Sex Offender
Registration Act and commits an act that constitutes first
degree murder, a Class X felony, a Class 1 felony, a Class
2 felony, or a Class 3 felony.
A sheriff or other peace officer may detain an alleged
parole or release violator until a warrant for his return to
the Department can be issued. The parolee or releasee may be
delivered to any secure place until he can be transported to
the Department. The officer or the Department shall file a
violation report with notice of charges with the Prisoner
Review Board.
(d) The supervising officer shall regularly advise and
consult with the parolee or releasee, assist him in adjusting
to community life, inform him of the restoration of his rights

SB3294 Engrossed - 40 - LRB099 20433 RLC 44932 b
on successful completion of sentence under Section 5-5-5. If
the parolee or releasee has been convicted of a sex offense as
defined in the Sex Offender Management Board Act, the
supervising officer shall periodically, but not less than once
a month, verify that the parolee or releasee is in compliance
with paragraph (7.6) of subsection (a) of Section 3-3-7.
(e) Supervising officers shall receive specialized
training in the special needs of female releasees or parolees
including the family reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records
shall be entered in the master file of the individual.
(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)