Bill Text: IL SB3411 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections 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. Provides that the identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. Provides that the identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department. Effective immediately.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1110 [SB3411 Detail]
Download: Illinois-2009-SB3411-Enrolled.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-6-3 and by adding Section 5-8A-5.1 as | ||||||
6 | follows:
| ||||||
7 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
8 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
9 | (a) (1) The Department of Corrections shall prescribe | ||||||
10 | rules
and regulations for the early release on account of | ||||||
11 | good
conduct of persons committed to the Department which | ||||||
12 | shall
be subject to review by the Prisoner Review Board.
| ||||||
13 | (2) The rules and regulations on early release shall | ||||||
14 | provide, with
respect to offenses listed in clause (i), | ||||||
15 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
16 | June 19, 1998 or with respect to the offense listed in | ||||||
17 | clause (iv) of this paragraph (2) committed on or after | ||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
19 | with
respect to offense listed in clause (vi)
committed on | ||||||
20 | or after June 1, 2008 (the effective date of Public Act | ||||||
21 | 95-625)
or with respect to the offense of being an armed | ||||||
22 | habitual criminal committed on or after August 2, 2005 (the | ||||||
23 | effective date of Public Act 94-398) or with respect to the |
| |||||||
| |||||||
1 | offenses listed in clause (v) of this paragraph (2) | ||||||
2 | committed on or after August 13, 2007 (the effective date | ||||||
3 | of Public Act 95-134), the following:
| ||||||
4 | (i) that a prisoner who is serving a term of | ||||||
5 | imprisonment for first
degree murder or for the offense | ||||||
6 | of terrorism shall receive no good conduct
credit and | ||||||
7 | shall serve the entire
sentence imposed by the court;
| ||||||
8 | (ii) that a prisoner serving a sentence for attempt | ||||||
9 | to commit first
degree murder, solicitation of murder, | ||||||
10 | solicitation of murder for hire,
intentional homicide | ||||||
11 | of an unborn child, predatory criminal sexual assault | ||||||
12 | of a
child, aggravated criminal sexual assault, | ||||||
13 | criminal sexual assault, aggravated
kidnapping, | ||||||
14 | aggravated battery with a firearm, heinous battery, | ||||||
15 | being an armed habitual criminal, aggravated
battery | ||||||
16 | of a senior citizen, or aggravated battery of a child | ||||||
17 | shall receive no
more than 4.5 days of good conduct | ||||||
18 | credit for each month of his or her sentence
of | ||||||
19 | imprisonment;
| ||||||
20 | (iii) that a prisoner serving a sentence
for home | ||||||
21 | invasion, armed robbery, aggravated vehicular | ||||||
22 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
23 | violence with a category I weapon
or category II | ||||||
24 | weapon, when the court
has made and entered a finding, | ||||||
25 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
26 | Code, that the conduct leading to conviction for the |
| |||||||
| |||||||
1 | enumerated offense
resulted in great bodily harm to a | ||||||
2 | victim, shall receive no more than 4.5 days
of good | ||||||
3 | conduct credit for each month of his or her sentence of | ||||||
4 | imprisonment;
| ||||||
5 | (iv) that a prisoner serving a sentence for | ||||||
6 | aggravated discharge of a firearm, whether or not the | ||||||
7 | conduct leading to conviction for the offense resulted | ||||||
8 | in great bodily harm to the victim, shall receive no | ||||||
9 | more than 4.5 days of good conduct credit for each | ||||||
10 | month of his or her sentence of imprisonment;
| ||||||
11 | (v) that a person serving a sentence for | ||||||
12 | gunrunning, narcotics racketeering, controlled | ||||||
13 | substance trafficking, methamphetamine trafficking, | ||||||
14 | drug-induced homicide, aggravated | ||||||
15 | methamphetamine-related child endangerment, money | ||||||
16 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
17 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
18 | conviction for delivery of a controlled substance, | ||||||
19 | possession of a controlled substance with intent to | ||||||
20 | manufacture or deliver, calculated criminal drug | ||||||
21 | conspiracy, criminal drug conspiracy, street gang | ||||||
22 | criminal drug conspiracy, participation in | ||||||
23 | methamphetamine manufacturing, aggravated | ||||||
24 | participation in methamphetamine manufacturing, | ||||||
25 | delivery of methamphetamine, possession with intent to | ||||||
26 | deliver methamphetamine, aggravated delivery of |
| |||||||
| |||||||
1 | methamphetamine, aggravated possession with intent to | ||||||
2 | deliver methamphetamine, methamphetamine conspiracy | ||||||
3 | when the substance containing the controlled substance | ||||||
4 | or methamphetamine is 100 grams or more shall receive | ||||||
5 | no more than 7.5 days good conduct credit for each | ||||||
6 | month of his or her sentence of imprisonment; and
| ||||||
7 | (vi)
that a prisoner serving a sentence for a | ||||||
8 | second or subsequent offense of luring a minor shall | ||||||
9 | receive no more than 4.5 days of good conduct credit | ||||||
10 | for each month of his or her sentence of imprisonment.
| ||||||
11 | (2.1) For all offenses, other than those enumerated in | ||||||
12 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
13 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
14 | after June 23, 2005 (the effective date of Public Act | ||||||
15 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
16 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
17 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
18 | 2008 (the effective date of Public Act 95-625), and other | ||||||
19 | than the offense of reckless
homicide as defined in | ||||||
20 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
21 | committed on or after January 1, 1999,
or aggravated | ||||||
22 | driving under the influence of alcohol, other drug or | ||||||
23 | drugs, or
intoxicating compound or compounds, or any | ||||||
24 | combination thereof as defined in
subparagraph (F) of | ||||||
25 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
26 | Illinois Vehicle Code,
the rules and regulations shall
|
| |||||||
| |||||||
1 | provide that a prisoner who is serving a term of
| ||||||
2 | imprisonment shall receive one day of good conduct credit | ||||||
3 | for each day of
his or her sentence of imprisonment or | ||||||
4 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
5 | credit shall reduce by one day the prisoner's period
of | ||||||
6 | imprisonment or recommitment under Section 3-3-9.
| ||||||
7 | (2.2) A prisoner serving a term of natural life | ||||||
8 | imprisonment or a
prisoner who has been sentenced to death | ||||||
9 | shall receive no good conduct
credit.
| ||||||
10 | (2.3) The rules and regulations on early release shall | ||||||
11 | provide that
a prisoner who is serving a sentence for | ||||||
12 | reckless homicide as defined in
subsection (e) of Section | ||||||
13 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
14 | January 1, 1999, or aggravated driving under the influence | ||||||
15 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
16 | or compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
18 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
19 | no more than 4.5
days of good conduct credit for each month | ||||||
20 | of his or her sentence of
imprisonment.
| ||||||
21 | (2.4) The rules and regulations on early release shall | ||||||
22 | provide with
respect to the offenses of aggravated battery | ||||||
23 | with a machine gun or a firearm
equipped with any device or | ||||||
24 | attachment designed or used for silencing the
report of a | ||||||
25 | firearm or aggravated discharge of a machine gun or a | ||||||
26 | firearm
equipped with any device or attachment designed or |
| |||||||
| |||||||
1 | used for silencing the
report of a firearm, committed on or | ||||||
2 | after
July 15, 1999 (the effective date of Public Act | ||||||
3 | 91-121),
that a prisoner serving a sentence for any of | ||||||
4 | these offenses shall receive no
more than 4.5 days of good | ||||||
5 | conduct credit for each month of his or her sentence
of | ||||||
6 | imprisonment.
| ||||||
7 | (2.5) The rules and regulations on early release shall | ||||||
8 | provide that a
prisoner who is serving a sentence for | ||||||
9 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
10 | effective date of Public Act 92-176) shall receive no more | ||||||
11 | than
4.5 days of good conduct credit for each month of his | ||||||
12 | or her sentence of
imprisonment.
| ||||||
13 | (3) The rules and regulations shall also provide that
| ||||||
14 | the Director may award up to 180 days additional good | ||||||
15 | conduct
credit for meritorious service in specific | ||||||
16 | instances as the
Director deems proper; except that no more | ||||||
17 | than 90 days
of good conduct credit for meritorious service
| ||||||
18 | shall be awarded to any prisoner who is serving a sentence | ||||||
19 | for
conviction of first degree murder, reckless homicide | ||||||
20 | while under the
influence of alcohol or any other drug,
or | ||||||
21 | aggravated driving under the influence of alcohol, other | ||||||
22 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
23 | any combination thereof as defined in
subparagraph (F) of | ||||||
24 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
25 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
26 | predatory criminal sexual assault of a child,
aggravated |
| |||||||
| |||||||
1 | criminal sexual assault, criminal sexual assault, deviate | ||||||
2 | sexual
assault, aggravated criminal sexual abuse, | ||||||
3 | aggravated indecent liberties
with a child, indecent | ||||||
4 | liberties with a child, child pornography, heinous
| ||||||
5 | battery, aggravated battery of a spouse, aggravated | ||||||
6 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
7 | stalking, aggravated battery of a child,
endangering the | ||||||
8 | life or health of a child, or cruelty to a child. | ||||||
9 | Notwithstanding the foregoing, good conduct credit for
| ||||||
10 | meritorious service shall not be awarded on a
sentence of | ||||||
11 | imprisonment imposed for conviction of: (i) one of the | ||||||
12 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
13 | (iii) when the offense is committed on or after
June 19, | ||||||
14 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
15 | committed on or after June 23, 2005 (the effective date of | ||||||
16 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
17 | is committed on or after August 13, 2007 (the effective | ||||||
18 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
19 | the offense is committed on or after June 1, 2008 (the | ||||||
20 | effective date of Public Act 95-625), (ii) reckless | ||||||
21 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
22 | Criminal Code of 1961 when
the offense is committed on or | ||||||
23 | after January 1, 1999,
or aggravated driving under the | ||||||
24 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
25 | compound or compounds, or any combination thereof as | ||||||
26 | defined in
subparagraph (F) of paragraph (1) of subsection |
| |||||||
| |||||||
1 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
2 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
3 | the offense is committed on or after
July 15, 1999 (the | ||||||
4 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
5 | arson when the offense is committed
on or after July 27, | ||||||
6 | 2001 (the effective date of Public Act 92-176).
| ||||||
7 | The Director shall not award good conduct credit for | ||||||
8 | meritorious service under this paragraph (3) to an inmate | ||||||
9 | unless the inmate has served a minimum of 60 days of the | ||||||
10 | sentence; except nothing in this paragraph shall be | ||||||
11 | construed to permit the Director to extend an inmate's | ||||||
12 | sentence beyond that which was imposed by the court. Prior | ||||||
13 | to awarding credit under this paragraph (3), the Director | ||||||
14 | shall make a written determination that the inmate: | ||||||
15 | (A) is eligible for good conduct credit for | ||||||
16 | meritorious service; | ||||||
17 | (B) has served a minimum of 60 days, or as close to | ||||||
18 | 60 days as the sentence will allow; and | ||||||
19 | (C) has met the eligibility criteria established | ||||||
20 | by rule. | ||||||
21 | The Director shall determine the form and content of | ||||||
22 | the written determination required in this subsection.
| ||||||
23 | (4) The rules and regulations shall also provide that | ||||||
24 | the good conduct
credit accumulated and retained under | ||||||
25 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
26 | inmate during specific periods of time in which such
inmate |
| |||||||
| |||||||
1 | is engaged full-time in substance abuse programs, | ||||||
2 | correctional
industry assignments, or educational programs | ||||||
3 | provided by the Department
under this paragraph (4) and | ||||||
4 | satisfactorily completes the assigned program as
| ||||||
5 | determined by the standards of the Department, shall be | ||||||
6 | multiplied by a factor
of 1.25 for program participation | ||||||
7 | before August 11, 1993
and 1.50 for program participation | ||||||
8 | on or after that date.
However, no inmate shall be eligible | ||||||
9 | for the additional good conduct credit
under this paragraph | ||||||
10 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
11 | boot camp
or electronic detention, or if convicted of an | ||||||
12 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
13 | (iii) of this Section that is committed on or after June | ||||||
14 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
15 | committed on or after June 23, 2005 (the effective date of | ||||||
16 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
17 | that is committed on or after August 13, 2007 (the | ||||||
18 | effective date of Public Act 95-134)
or subdivision | ||||||
19 | (a)(2)(vi) when the offense is committed on or after June | ||||||
20 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
21 | convicted of reckless homicide as defined in subsection (e) | ||||||
22 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
23 | is committed on or
after January 1, 1999,
or aggravated | ||||||
24 | driving under the influence of alcohol, other drug or | ||||||
25 | drugs, or
intoxicating compound or compounds, or any | ||||||
26 | combination thereof as defined in
subparagraph (F) of |
| |||||||
| |||||||
1 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
2 | Illinois Vehicle Code, or if convicted of an offense | ||||||
3 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
4 | committed on or after
July 15, 1999 (the effective date of | ||||||
5 | Public Act 91-121),
or first degree murder, a Class X | ||||||
6 | felony, criminal sexual
assault, felony criminal sexual | ||||||
7 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
8 | battery with a firearm, or any predecessor or successor | ||||||
9 | offenses
with the same or substantially the same elements, | ||||||
10 | or any inchoate offenses
relating to the foregoing | ||||||
11 | offenses. No inmate shall be eligible for the
additional | ||||||
12 | good conduct credit under this paragraph (4) who (i) has | ||||||
13 | previously
received increased good conduct credit under | ||||||
14 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
15 | felony, or (ii) has previously served more than one prior | ||||||
16 | sentence of
imprisonment for a felony in an adult | ||||||
17 | correctional facility.
| ||||||
18 | Educational, vocational, substance abuse and | ||||||
19 | correctional
industry programs under which good conduct | ||||||
20 | credit may be increased under
this paragraph (4) and | ||||||
21 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
22 | by the Department on the basis of
documented standards. The | ||||||
23 | Department shall report the results of these
evaluations to | ||||||
24 | the Governor and the General Assembly by September 30th of | ||||||
25 | each
year. The reports shall include data relating to the | ||||||
26 | recidivism rate among
program participants.
|
| |||||||
| |||||||
1 | Availability of these programs shall be subject to the
| ||||||
2 | limits of fiscal resources appropriated by the General | ||||||
3 | Assembly for these
purposes. Eligible inmates who are | ||||||
4 | denied immediate admission shall be
placed on a waiting | ||||||
5 | list under criteria established by the Department.
The | ||||||
6 | inability of any inmate to become engaged in any such | ||||||
7 | programs
by reason of insufficient program resources or for | ||||||
8 | any other reason
established under the rules and | ||||||
9 | regulations of the Department shall not be
deemed a cause | ||||||
10 | of action under which the Department or any employee or
| ||||||
11 | agent of the Department shall be liable for damages to the | ||||||
12 | inmate.
| ||||||
13 | (4.1) The rules and regulations shall also provide that | ||||||
14 | an additional 60 days of good conduct credit shall be | ||||||
15 | awarded to any prisoner who passes the high school level | ||||||
16 | Test of General Educational Development (GED) while the | ||||||
17 | prisoner is incarcerated. The good conduct credit awarded | ||||||
18 | under this paragraph (4.1) shall be in addition to, and | ||||||
19 | shall not affect, the award of good conduct under any other | ||||||
20 | paragraph of this Section, but shall also be pursuant to | ||||||
21 | the guidelines and restrictions set forth in paragraph (4) | ||||||
22 | of subsection (a) of this Section.
The good conduct credit | ||||||
23 | provided for in this paragraph shall be available only to | ||||||
24 | those prisoners who have not previously earned a high | ||||||
25 | school diploma or a GED. If, after an award of the GED good | ||||||
26 | conduct credit has been made and the Department determines |
| |||||||
| |||||||
1 | that the prisoner was not eligible, then the award shall be | ||||||
2 | revoked.
| ||||||
3 | (4.5) The rules and regulations on early release shall | ||||||
4 | also provide that
when the court's sentencing order | ||||||
5 | recommends a prisoner for substance abuse treatment and the
| ||||||
6 | crime was committed on or after September 1, 2003 (the | ||||||
7 | effective date of
Public Act 93-354), the prisoner shall | ||||||
8 | receive no good conduct credit awarded under clause (3) of | ||||||
9 | this subsection (a) unless he or she participates in and
| ||||||
10 | completes a substance abuse treatment program. The | ||||||
11 | Director may waive the requirement to participate in or | ||||||
12 | complete a substance abuse treatment program and award the | ||||||
13 | good conduct credit in specific instances if the prisoner | ||||||
14 | is not a good candidate for a substance abuse treatment | ||||||
15 | program for medical, programming, or operational reasons. | ||||||
16 | Availability of
substance abuse treatment shall be subject | ||||||
17 | to the limits of fiscal resources
appropriated by the | ||||||
18 | General Assembly for these purposes. If treatment is not
| ||||||
19 | available and the requirement to participate and complete | ||||||
20 | the treatment has not been waived by the Director, the | ||||||
21 | prisoner shall be placed on a waiting list under criteria
| ||||||
22 | established by the Department. The Director may allow a | ||||||
23 | prisoner placed on
a waiting list to participate in and | ||||||
24 | complete a substance abuse education class or attend | ||||||
25 | substance
abuse self-help meetings in lieu of a substance | ||||||
26 | abuse treatment program. A prisoner on a waiting list who |
| |||||||
| |||||||
1 | is not placed in a substance abuse program prior to release | ||||||
2 | may be eligible for a waiver and receive good conduct | ||||||
3 | credit under clause (3) of this subsection (a) at the | ||||||
4 | discretion of the Director.
| ||||||
5 | (4.6) The rules and regulations on early release shall | ||||||
6 | also provide that a prisoner who has been convicted of a | ||||||
7 | sex offense as defined in Section 2 of the Sex Offender | ||||||
8 | Registration Act shall receive no good conduct credit | ||||||
9 | unless he or she either has successfully completed or is | ||||||
10 | participating in sex offender treatment as defined by the | ||||||
11 | Sex Offender Management Board. However, prisoners who are | ||||||
12 | waiting to receive such treatment, but who are unable to do | ||||||
13 | so due solely to the lack of resources on the part of the | ||||||
14 | Department, may, at the Director's sole discretion, be | ||||||
15 | awarded good conduct credit at such rate as the Director | ||||||
16 | shall determine.
| ||||||
17 | (5) Whenever the Department is to release any inmate | ||||||
18 | earlier than it
otherwise would because of a grant of good | ||||||
19 | conduct credit for meritorious
service given at any time | ||||||
20 | during the term, the Department shall give
reasonable | ||||||
21 | notice of the impending release not less than 14 days prior | ||||||
22 | to the date of the release to the State's
Attorney of the | ||||||
23 | county where the prosecution of the inmate took place, and | ||||||
24 | if applicable, the State's Attorney of the county into | ||||||
25 | which the inmate will be released. The Department must also | ||||||
26 | make identification information and a recent photo of the |
| |||||||
| |||||||
1 | inmate being released accessible on the Internet by means | ||||||
2 | of a hyperlink labeled "Community Notification of Inmate | ||||||
3 | Early Release" on the Department's World Wide Web homepage.
| ||||||
4 | The identification information shall include the inmate's: | ||||||
5 | name, any known alias, date of birth, physical | ||||||
6 | characteristics, residence address, commitment offense and | ||||||
7 | county where conviction was imposed. The identification | ||||||
8 | information shall be placed on the website within 3 days of | ||||||
9 | the inmate's release and the information may not be removed | ||||||
10 | until either: completion of the first year of mandatory | ||||||
11 | supervised release or return of the inmate to custody of | ||||||
12 | the Department.
| ||||||
13 | (b) Whenever a person is or has been committed under
| ||||||
14 | several convictions, with separate sentences, the sentences
| ||||||
15 | shall be construed under Section 5-8-4 in granting and
| ||||||
16 | forfeiting of good time.
| ||||||
17 | (c) The Department shall prescribe rules and regulations
| ||||||
18 | for revoking good conduct credit, or suspending or reducing
the | ||||||
19 | rate of accumulation of good conduct credit for specific
rule | ||||||
20 | violations, during imprisonment. These rules and regulations
| ||||||
21 | shall provide that no inmate may be penalized more than one
| ||||||
22 | year of good conduct credit for any one infraction.
| ||||||
23 | When the Department seeks to revoke, suspend or reduce
the | ||||||
24 | rate of accumulation of any good conduct credits for
an alleged | ||||||
25 | infraction of its rules, it shall bring charges
therefor | ||||||
26 | against the prisoner sought to be so deprived of
good conduct |
| |||||||
| |||||||
1 | credits before the Prisoner Review Board as
provided in | ||||||
2 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
3 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
4 | month period, the cumulative amount of
credit revoked exceeds | ||||||
5 | 30 days except where the infraction is committed
or discovered | ||||||
6 | within 60 days of scheduled release. In those cases,
the | ||||||
7 | Department of Corrections may revoke up to 30 days of good | ||||||
8 | conduct credit.
The Board may subsequently approve the | ||||||
9 | revocation of additional good
conduct credit, if the Department | ||||||
10 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
11 | However, the Board shall not be empowered to review the
| ||||||
12 | Department's decision with respect to the loss of 30 days of | ||||||
13 | good conduct
credit within any calendar year for any prisoner | ||||||
14 | or to increase any penalty
beyond the length requested by the | ||||||
15 | Department.
| ||||||
16 | The Director of the Department of Corrections, in | ||||||
17 | appropriate cases, may
restore up to 30 days good conduct | ||||||
18 | credits which have been revoked, suspended
or reduced. Any | ||||||
19 | restoration of good conduct credits in excess of 30 days shall
| ||||||
20 | be subject to review by the Prisoner Review Board. However, the | ||||||
21 | Board may not
restore good conduct credit in excess of the | ||||||
22 | amount requested by the Director.
| ||||||
23 | Nothing contained in this Section shall prohibit the | ||||||
24 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
25 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
26 | sentence imposed by the court that was not served due to the
|
| |||||||
| |||||||
1 | accumulation of good conduct credit.
| ||||||
2 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
3 | federal court
against the State, the Department of Corrections, | ||||||
4 | or the Prisoner Review Board,
or against any of
their officers | ||||||
5 | or employees, and the court makes a specific finding that a
| ||||||
6 | pleading, motion, or other paper filed by the prisoner is | ||||||
7 | frivolous, the
Department of Corrections shall conduct a | ||||||
8 | hearing to revoke up to
180 days of good conduct credit by | ||||||
9 | bringing charges against the prisoner
sought to be deprived of | ||||||
10 | the good conduct credits before the Prisoner Review
Board as | ||||||
11 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
12 | If the prisoner has not accumulated 180 days of good conduct | ||||||
13 | credit at the
time of the finding, then the Prisoner Review | ||||||
14 | Board may revoke all
good conduct credit accumulated by the | ||||||
15 | prisoner.
| ||||||
16 | For purposes of this subsection (d):
| ||||||
17 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
18 | filing which
purports to be a legal document filed by a | ||||||
19 | prisoner in his or her lawsuit meets
any or all of the | ||||||
20 | following criteria:
| ||||||
21 | (A) it lacks an arguable basis either in law or in | ||||||
22 | fact;
| ||||||
23 | (B) it is being presented for any improper purpose, | ||||||
24 | such as to harass or
to cause unnecessary delay or | ||||||
25 | needless increase in the cost of litigation;
| ||||||
26 | (C) the claims, defenses, and other legal |
| |||||||
| |||||||
1 | contentions therein are not
warranted by existing law | ||||||
2 | or by a nonfrivolous argument for the extension,
| ||||||
3 | modification, or reversal of existing law or the | ||||||
4 | establishment of new law;
| ||||||
5 | (D) the allegations and other factual contentions | ||||||
6 | do not have
evidentiary
support or, if specifically so | ||||||
7 | identified, are not likely to have evidentiary
support | ||||||
8 | after a reasonable opportunity for further | ||||||
9 | investigation or discovery;
or
| ||||||
10 | (E) the denials of factual contentions are not | ||||||
11 | warranted on the
evidence, or if specifically so | ||||||
12 | identified, are not reasonably based on a lack
of | ||||||
13 | information or belief.
| ||||||
14 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
15 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
16 | action under
Article X of the Code of Civil Procedure or | ||||||
17 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
18 | under the Court of Claims Act, an action under the
federal | ||||||
19 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
20 | subsequent petition for post-conviction relief under | ||||||
21 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
22 | whether filed with or without leave of court or a second or | ||||||
23 | subsequent petition for relief from judgment under Section | ||||||
24 | 2-1401 of the Code of Civil Procedure.
| ||||||
25 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
26 | validity of Public Act 89-404.
|
| |||||||
| |||||||
1 | (f) Whenever the Department is to release any inmate who | ||||||
2 | has been convicted of a violation of an order of protection | ||||||
3 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
4 | it
otherwise would because of a grant of good conduct credit, | ||||||
5 | the Department, as a condition of such early release, shall | ||||||
6 | require that the person, upon release, be placed under | ||||||
7 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
8 | Code. | ||||||
9 | (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; | ||||||
10 | 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
11 | 95-876, eff. 8-21-08; 96-860, eff. 1-15-10.)
| ||||||
12 | (730 ILCS 5/5-8A-5.1 new) | ||||||
13 | Sec. 5-8A-5.1. Public notice of release on electronic home | ||||||
14 | monitoring detention. The Department must make identification | ||||||
15 | information and a recent photo of an inmate being placed on | ||||||
16 | electronic home monitoring detention under the provisions of | ||||||
17 | this Article accessible on the Internet by means of a hyperlink | ||||||
18 | labeled "Community Notification of Inmate Early Release" on the | ||||||
19 | Department's World Wide Web homepage. The identification | ||||||
20 | information shall include the inmate's: name, any known alias, | ||||||
21 | date of birth, physical characteristics, residence address, | ||||||
22 | commitment offense and county where conviction was imposed. The | ||||||
23 | identification information shall be placed on the website | ||||||
24 | within 3 days of the inmate's release on electronic home | ||||||
25 | monitoring detention, and the information may not be removed |
| |||||||
| |||||||
1 | until either: completion of the first year of mandatory | ||||||
2 | supervised release or return of the inmate to custody of the | ||||||
3 | Department.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|