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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
| 4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
| 5 | Section 24-1 as follows:
| ||||||||||||||||||||||||||
| 6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||||||||||||||||||||||
| 7 | Sec. 24-1. Unlawful use of weapons.
| ||||||||||||||||||||||||||
| 8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||
| 9 | when
he knowingly:
| ||||||||||||||||||||||||||
| 10 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||
| 11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||
| 12 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||
| 13 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||
| 14 | commonly referred to as a switchblade knife, which has a
| ||||||||||||||||||||||||||
| 15 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||
| 16 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||
| 17 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||
| 18 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||
| 19 | spring, elastic material or compressed gas; or
| ||||||||||||||||||||||||||
| 20 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||
| 21 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||
| 22 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||||||||||||||||||||||
| 23 | piece of glass, stun gun or taser or
any other dangerous or | ||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | deadly weapon or instrument of like character; or
| ||||||
| 2 | (2.5) Carries or possesses with intent to use the same | ||||||
| 3 | unlawfully against another, any firearm in a church, | ||||||
| 4 | synagogue, mosque, or other building, structure, or place | ||||||
| 5 | used for religious worship; or | ||||||
| 6 | (3) Carries on or about his person or in any vehicle, a | ||||||
| 7 | tear gas gun
projector or bomb or any object containing | ||||||
| 8 | noxious liquid gas or
substance, other than an object | ||||||
| 9 | containing a non-lethal noxious liquid gas
or substance | ||||||
| 10 | designed solely for personal defense carried by a person 18
| ||||||
| 11 | years of age or older; or
| ||||||
| 12 | (4) Carries or possesses in any vehicle or concealed on | ||||||
| 13 | or about his
person except when on his land or in his own | ||||||
| 14 | abode, legal dwelling, or fixed place of
business, or on | ||||||
| 15 | the land or in the legal dwelling of another person as an | ||||||
| 16 | invitee with that person's permission, any pistol, | ||||||
| 17 | revolver, stun gun or taser or other firearm, except
that
| ||||||
| 18 | this subsection (a) (4) does not apply to or affect | ||||||
| 19 | transportation of weapons
that meet one of the following | ||||||
| 20 | conditions:
| ||||||
| 21 | (i) are broken down in a non-functioning state; or
| ||||||
| 22 | (ii) are not immediately accessible; or
| ||||||
| 23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 24 | carrying box,
shipping box, or other container by a | ||||||
| 25 | person who has been issued a currently
valid Firearm | ||||||
| 26 | Owner's
Identification Card; or | ||||||
| |||||||
| |||||||
| 1 | (iv) are carried or possessed in accordance with | ||||||
| 2 | the Firearm Concealed Carry Act by a person who has | ||||||
| 3 | been issued a currently valid license under the Firearm | ||||||
| 4 | Concealed Carry Act; or
| ||||||
| 5 | (5) Sets a spring gun; or
| ||||||
| 6 | (6) Possesses any device or attachment of any kind | ||||||
| 7 | designed, used or
intended for use in silencing the report | ||||||
| 8 | of any firearm; or
| ||||||
| 9 | (7) Sells, manufactures, purchases, possesses or | ||||||
| 10 | carries:
| ||||||
| 11 | (i) a machine gun, which shall be defined for the | ||||||
| 12 | purposes of this
subsection as any weapon,
which | ||||||
| 13 | shoots, is designed to shoot, or can be readily | ||||||
| 14 | restored to shoot,
automatically more than one shot | ||||||
| 15 | without manually reloading by a single
function of the | ||||||
| 16 | trigger, including the frame or receiver
of any such | ||||||
| 17 | weapon, or sells, manufactures, purchases, possesses, | ||||||
| 18 | or
carries any combination of parts designed or | ||||||
| 19 | intended for
use in converting any weapon into a | ||||||
| 20 | machine gun, or any combination or
parts from which a | ||||||
| 21 | machine gun can be assembled if such parts are in the
| ||||||
| 22 | possession or under the control of a person;
| ||||||
| 23 | (ii) any rifle having one or
more barrels less than | ||||||
| 24 | 16 inches in length or a shotgun having one or more
| ||||||
| 25 | barrels less than 18 inches in length or any weapon | ||||||
| 26 | made from a rifle or
shotgun, whether by alteration, | ||||||
| |||||||
| |||||||
| 1 | modification, or otherwise, if such a weapon
as | ||||||
| 2 | modified has an overall length of less than 26 inches; | ||||||
| 3 | or
| ||||||
| 4 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
| 5 | other container containing an
explosive substance of | ||||||
| 6 | over one-quarter ounce for like purposes, such
as, but | ||||||
| 7 | not limited to, black powder bombs and Molotov | ||||||
| 8 | cocktails or
artillery projectiles; or
| ||||||
| 9 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
| 10 | or other
deadly weapon in any place which is licensed to | ||||||
| 11 | sell intoxicating
beverages, or at any public gathering | ||||||
| 12 | held pursuant to a license issued
by any governmental body | ||||||
| 13 | or any public gathering at which an admission
is charged, | ||||||
| 14 | excluding a place where a showing, demonstration or lecture
| ||||||
| 15 | involving the exhibition of unloaded firearms is | ||||||
| 16 | conducted.
| ||||||
| 17 | This subsection (a)(8) does not apply to any auction or | ||||||
| 18 | raffle of a firearm
held pursuant to
a license or permit | ||||||
| 19 | issued by a governmental body, nor does it apply to persons
| ||||||
| 20 | engaged
in firearm safety training courses; or
| ||||||
| 21 | (9) Carries or possesses in a vehicle or on or about | ||||||
| 22 | his or her person any
pistol, revolver, stun gun or taser | ||||||
| 23 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
| 24 | robed or masked in such manner as to conceal his or her | ||||||
| 25 | identity; or
| ||||||
| 26 | (10) Carries or possesses on or about his or her | ||||||
| |||||||
| |||||||
| 1 | person, upon any public street,
alley, or other public | ||||||
| 2 | lands within the corporate limits of a city, village,
or | ||||||
| 3 | incorporated town, except when an invitee thereon or | ||||||
| 4 | therein, for the
purpose of the display of such weapon or | ||||||
| 5 | the lawful commerce in weapons, or
except when on his land | ||||||
| 6 | or in his or her own abode, legal dwelling, or fixed place | ||||||
| 7 | of business, or on the land or in the legal dwelling of | ||||||
| 8 | another person as an invitee with that person's permission, | ||||||
| 9 | any
pistol, revolver, stun gun, or taser or other firearm, | ||||||
| 10 | except that this
subsection (a) (10) does not apply to or | ||||||
| 11 | affect transportation of weapons that
meet one of the | ||||||
| 12 | following conditions:
| ||||||
| 13 | (i) are broken down in a non-functioning state; or
| ||||||
| 14 | (ii) are not immediately accessible; or
| ||||||
| 15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 16 | carrying box,
shipping box, or other container by a | ||||||
| 17 | person who has been issued a currently
valid Firearm | ||||||
| 18 | Owner's
Identification Card; or
| ||||||
| 19 | (iv) are carried or possessed in accordance with | ||||||
| 20 | the Firearm Concealed Carry Act by a person who has | ||||||
| 21 | been issued a currently valid license under the Firearm | ||||||
| 22 | Concealed Carry Act. | ||||||
| 23 | A "stun gun or taser", as used in this paragraph (a) | ||||||
| 24 | means (i) any device
which is powered by electrical | ||||||
| 25 | charging units, such as, batteries, and
which fires one or | ||||||
| 26 | several barbs attached to a length of wire and
which, upon | ||||||
| |||||||
| |||||||
| 1 | hitting a human, can send out a current capable of | ||||||
| 2 | disrupting
the person's nervous system in such a manner as | ||||||
| 3 | to render him incapable of
normal functioning or (ii) any | ||||||
| 4 | device which is powered by electrical
charging units, such | ||||||
| 5 | as batteries, and which, upon contact with a human or
| ||||||
| 6 | clothing worn by a human, can send out current capable of | ||||||
| 7 | disrupting
the person's nervous system in such a manner as | ||||||
| 8 | to render him incapable
of normal functioning; or
| ||||||
| 9 | (11) Sells, manufactures, or purchases any explosive | ||||||
| 10 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
| 11 | bullet" means the projectile portion of
an ammunition | ||||||
| 12 | cartridge which contains or carries an explosive charge | ||||||
| 13 | which
will explode upon contact with the flesh of a human | ||||||
| 14 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
| 15 | a projectile affixed at the
front thereof and a cap or | ||||||
| 16 | primer at the rear end thereof, with the
propellant | ||||||
| 17 | contained in such tube between the projectile and the cap; | ||||||
| 18 | or
| ||||||
| 19 | (12) (Blank); or
| ||||||
| 20 | (13) Carries or possesses on or about his or her person | ||||||
| 21 | while in a building occupied by a unit of government, a | ||||||
| 22 | billy club, other weapon of like character, or other | ||||||
| 23 | instrument of like character intended for use as a weapon. | ||||||
| 24 | For the purposes of this Section, "billy club" means a | ||||||
| 25 | short stick or club commonly carried by police officers | ||||||
| 26 | which is either telescopic or constructed of a solid piece | ||||||
| |||||||
| |||||||
| 1 | of wood or other man-made material. | ||||||
| 2 | (b) Sentence. A person convicted of a violation of | ||||||
| 3 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
| 4 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
| 5 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
| 6 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
| 7 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
| 8 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
| 9 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
| 10 | Class 1 2 felony and shall be sentenced to a term of | ||||||
| 11 | imprisonment of not less than 4 3 years and not more than 15 7 | ||||||
| 12 | years, unless the weapon is possessed in the
passenger | ||||||
| 13 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
| 14 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
| 15 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
| 16 | convicted of a
second or subsequent violation of subsection | ||||||
| 17 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
| 18 | Class 3 felony. A person convicted of a violation of subsection | ||||||
| 19 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
| 20 | weapon in violation of this Section constitutes a single and | ||||||
| 21 | separate violation.
| ||||||
| 22 | (c) Violations in specific places.
| ||||||
| 23 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
| 24 | 24-1(a)(7)(ii) or (iii) in any
school, regardless of the | ||||||
| 25 | time of day or the time of year, in residential
property | ||||||
| 26 | owned, operated or managed by a public housing agency or
| ||||||
| |||||||
| |||||||
| 1 | leased by
a public housing agency as part of a scattered | ||||||
| 2 | site or mixed-income
development, in a
public park, in a | ||||||
| 3 | courthouse, on the real property comprising any school,
| ||||||
| 4 | regardless of the
time of day or the time of year, on | ||||||
| 5 | residential property owned, operated
or
managed by a public | ||||||
| 6 | housing agency
or leased by a public housing agency as part | ||||||
| 7 | of a scattered site or
mixed-income development,
on the | ||||||
| 8 | real property comprising any
public park, on the real | ||||||
| 9 | property comprising any courthouse, in any conveyance
| ||||||
| 10 | owned, leased or contracted by a school to
transport | ||||||
| 11 | students to or from school or a school related activity, in | ||||||
| 12 | any conveyance
owned, leased, or contracted by a public | ||||||
| 13 | transportation agency, or on any
public way within 1,000 | ||||||
| 14 | feet of the real property comprising any school,
public | ||||||
| 15 | park, courthouse, public transportation facility, or | ||||||
| 16 | residential property owned, operated, or managed
by a | ||||||
| 17 | public housing agency
or leased by a public housing agency | ||||||
| 18 | as part of a scattered site or
mixed-income development
| ||||||
| 19 | commits a Class 2 felony and shall be sentenced to a term | ||||||
| 20 | of imprisonment of not less than 3 years and not more than | ||||||
| 21 | 7 years.
| ||||||
| 22 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
| 23 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
| 24 | time of day or the time of year,
in residential property | ||||||
| 25 | owned, operated, or managed by a public
housing
agency
or | ||||||
| 26 | leased by a public housing agency as part of a scattered | ||||||
| |||||||
| |||||||
| 1 | site or
mixed-income development,
in
a public
park, in a | ||||||
| 2 | courthouse, on the real property comprising any school, | ||||||
| 3 | regardless
of the time of day or the time of year, on | ||||||
| 4 | residential property owned,
operated, or managed by a | ||||||
| 5 | public housing agency
or leased by a public housing agency | ||||||
| 6 | as part of a scattered site or
mixed-income development,
on | ||||||
| 7 | the real property
comprising any public park, on the real | ||||||
| 8 | property comprising any courthouse, in
any conveyance | ||||||
| 9 | owned, leased, or contracted by a school to transport | ||||||
| 10 | students
to or from school or a school related activity, in | ||||||
| 11 | any conveyance
owned, leased, or contracted by a public | ||||||
| 12 | transportation agency, or on any public way within
1,000 | ||||||
| 13 | feet of the real property comprising any school, public | ||||||
| 14 | park, courthouse,
public transportation facility, or | ||||||
| 15 | residential property owned, operated, or managed by a | ||||||
| 16 | public
housing agency
or leased by a public housing agency | ||||||
| 17 | as part of a scattered site or
mixed-income development
| ||||||
| 18 | commits a Class 3 felony.
| ||||||
| 19 | (2) A person who violates subsection 24-1(a)(1), | ||||||
| 20 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
| 21 | time of day or the time of year, in
residential property | ||||||
| 22 | owned, operated or managed by a public housing
agency
or | ||||||
| 23 | leased by a public housing agency as part of a scattered | ||||||
| 24 | site or
mixed-income development,
in
a public park, in a | ||||||
| 25 | courthouse, on the real property comprising any school,
| ||||||
| 26 | regardless of the time of day or the time of year, on | ||||||
| |||||||
| |||||||
| 1 | residential property
owned, operated or managed by a public | ||||||
| 2 | housing agency
or leased by a public housing agency as part | ||||||
| 3 | of a scattered site or
mixed-income development,
on the | ||||||
| 4 | real property
comprising any public park, on the real | ||||||
| 5 | property comprising any courthouse, in
any conveyance | ||||||
| 6 | owned, leased or contracted by a school to transport | ||||||
| 7 | students
to or from school or a school related activity, in | ||||||
| 8 | any conveyance
owned, leased, or contracted by a public | ||||||
| 9 | transportation agency, or on any public way within
1,000 | ||||||
| 10 | feet of the real property comprising any school, public | ||||||
| 11 | park, courthouse,
public transportation facility, or | ||||||
| 12 | residential property owned, operated, or managed by a | ||||||
| 13 | public
housing agency or leased by a public housing agency | ||||||
| 14 | as part of a scattered
site or mixed-income development | ||||||
| 15 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
| 16 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
| 17 | this State for the conduct of official business.
| ||||||
| 18 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
| 19 | (c) shall not
apply to law
enforcement officers or security | ||||||
| 20 | officers of such school, college, or
university or to | ||||||
| 21 | students carrying or possessing firearms for use in | ||||||
| 22 | training
courses, parades, hunting, target shooting on | ||||||
| 23 | school ranges, or otherwise with
the consent of school | ||||||
| 24 | authorities and which firearms are transported unloaded
| ||||||
| 25 | enclosed in a suitable case, box, or transportation | ||||||
| 26 | package.
| ||||||
| |||||||
| |||||||
| 1 | (4) For the purposes of this subsection (c), "school" | ||||||
| 2 | means any public or
private elementary or secondary school, | ||||||
| 3 | community college, college, or
university.
| ||||||
| 4 | (5) For the purposes of this subsection (c), "public | ||||||
| 5 | transportation agency" means a public or private agency | ||||||
| 6 | that provides for the transportation or conveyance of
| ||||||
| 7 | persons by means available to the general public, except | ||||||
| 8 | for transportation
by automobiles not used for conveyance | ||||||
| 9 | of the general public as passengers; and "public | ||||||
| 10 | transportation facility" means a terminal or other place
| ||||||
| 11 | where one may obtain public transportation.
| ||||||
| 12 | (d) The presence in an automobile other than a public | ||||||
| 13 | omnibus of any
weapon, instrument or substance referred to in | ||||||
| 14 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
| 15 | possession of, and is being
carried by, all persons occupying | ||||||
| 16 | such automobile at the time such
weapon, instrument or | ||||||
| 17 | substance is found, except under the following
circumstances: | ||||||
| 18 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
| 19 | the person of one of the occupants therein; or (ii) if such
| ||||||
| 20 | weapon, instrument or substance is found in an automobile | ||||||
| 21 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
| 22 | and proper pursuit of
his or her trade, then such presumption | ||||||
| 23 | shall not apply to the driver.
| ||||||
| 24 | (e) Exemptions. | ||||||
| 25 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
| 26 | Spearguns are exempted from the definition of ballistic | ||||||
| |||||||
| |||||||
| 1 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
| 2 | Section. | ||||||
| 3 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
| 4 | this Section prohibiting the sale, manufacture, purchase, | ||||||
| 5 | possession, or carrying of any knife, commonly referred to | ||||||
| 6 | as a switchblade knife, which has a
blade that opens | ||||||
| 7 | automatically by hand pressure applied to a button,
spring | ||||||
| 8 | or other device in the handle of the knife, does not apply | ||||||
| 9 | to a person who possesses a currently valid Firearm Owner's | ||||||
| 10 | Identification Card previously issued in his or her name by | ||||||
| 11 | the Department of State Police or to a person or an entity | ||||||
| 12 | engaged in the business of selling or manufacturing | ||||||
| 13 | switchblade knives.
| ||||||
| 14 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
| ||||||
| 15 | Section 10. The Unified Code of Corrections is amended by | ||||||
| 16 | changing 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 sentence credit.
| ||||||
| 19 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
| 20 | and regulations for awarding and revoking sentence credit for | ||||||
| 21 | persons committed to the Department which shall
be subject to | ||||||
| 22 | review by the Prisoner Review Board.
| ||||||
| 23 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
| 24 | awarded for the following: | ||||||
| |||||||
| |||||||
| 1 | (A) successful completion of programming while in | ||||||
| 2 | custody of the Department or while in custody prior to | ||||||
| 3 | sentencing; | ||||||
| 4 | (B) compliance with the rules and regulations of the | ||||||
| 5 | Department; or | ||||||
| 6 | (C) service to the institution, service to a community, | ||||||
| 7 | or service to the State. | ||||||
| 8 | (2) Except as provided in paragraph (4.7) of this | ||||||
| 9 | subsection (a), the rules and regulations on sentence credit | ||||||
| 10 | shall provide, with
respect to offenses listed in clause (i), | ||||||
| 11 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
| 12 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
| 13 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
| 14 | effective date of Public Act 94-71) or with
respect to offense | ||||||
| 15 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
| 16 | effective date of Public Act 95-625)
or with respect to the | ||||||
| 17 | offense of being an armed habitual criminal committed on or | ||||||
| 18 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
| 19 | or with respect to the offenses listed in clause (v) of this | ||||||
| 20 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
| 21 | effective date of Public Act 95-134) or with respect to the | ||||||
| 22 | offense of aggravated domestic battery committed on or after | ||||||
| 23 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
| 24 | with respect to the offense of attempt to commit terrorism | ||||||
| 25 | committed on or after January 1, 2013 (the effective date of | ||||||
| 26 | Public Act 97-990) or with respect to the offense of unlawful | ||||||
| |||||||
| |||||||
| 1 | use of weapons under subparagraph (i) of paragraph (7) of | ||||||
| 2 | subsection (a) of Section 24-1 of the Criminal Code of 2012 | ||||||
| 3 | committed on or after the effective date of this amendatory Act | ||||||
| 4 | of the 101st General Assembly, the following:
| ||||||
| 5 | (i) that a prisoner who is serving a term of | ||||||
| 6 | imprisonment for first
degree murder or for the offense of | ||||||
| 7 | terrorism shall receive no sentence
credit and shall serve | ||||||
| 8 | the entire
sentence imposed by the court;
| ||||||
| 9 | (ii) that a prisoner serving a sentence for attempt to | ||||||
| 10 | commit terrorism, attempt to commit first
degree murder, | ||||||
| 11 | solicitation of murder, solicitation of murder for hire,
| ||||||
| 12 | intentional homicide of an unborn child, predatory | ||||||
| 13 | criminal sexual assault of a
child, aggravated criminal | ||||||
| 14 | sexual assault, criminal sexual assault, aggravated
| ||||||
| 15 | kidnapping, aggravated battery with a firearm as described | ||||||
| 16 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
| 17 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
| 18 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
| 19 | being an armed habitual criminal, aggravated
battery of a | ||||||
| 20 | senior citizen as described in Section 12-4.6 or | ||||||
| 21 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
| 22 | battery of a child as described in Section 12-4.3 or | ||||||
| 23 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
| 24 | than 4.5 days of sentence credit for each month of his or | ||||||
| 25 | her sentence
of imprisonment;
| ||||||
| 26 | (iii) that a prisoner serving a sentence
for home | ||||||
| |||||||
| |||||||
| 1 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
| 2 | aggravated discharge of a firearm, or armed violence with a | ||||||
| 3 | category I weapon
or category II weapon, when the court
has | ||||||
| 4 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
| 5 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
| 6 | conviction for the enumerated offense
resulted in great | ||||||
| 7 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
| 8 | days
of sentence credit for each month of his or her | ||||||
| 9 | sentence of imprisonment;
| ||||||
| 10 | (iv) that a prisoner serving a sentence for aggravated | ||||||
| 11 | discharge of a firearm, whether or not the conduct leading | ||||||
| 12 | to conviction for the offense resulted in great bodily harm | ||||||
| 13 | to the victim, shall receive no more than 4.5 days of | ||||||
| 14 | sentence credit for each month of his or her sentence of | ||||||
| 15 | imprisonment;
| ||||||
| 16 | (v) that a person serving a sentence for unlawful use | ||||||
| 17 | of weapons under subparagraph (i) of paragraph (7) of | ||||||
| 18 | subsection (a) of Section 24-1 of the Criminal Code of | ||||||
| 19 | 2012, gunrunning, narcotics racketeering, controlled | ||||||
| 20 | substance trafficking, methamphetamine trafficking, | ||||||
| 21 | drug-induced homicide, aggravated methamphetamine-related | ||||||
| 22 | child endangerment, money laundering pursuant to clause | ||||||
| 23 | (c) (4) or (5) of Section 29B-1 of the Criminal Code of | ||||||
| 24 | 1961 or the Criminal Code of 2012, or a Class X felony | ||||||
| 25 | conviction for delivery of a controlled substance, | ||||||
| 26 | possession of a controlled substance with intent to | ||||||
| |||||||
| |||||||
| 1 | manufacture or deliver, calculated criminal drug | ||||||
| 2 | conspiracy, criminal drug conspiracy, street gang criminal | ||||||
| 3 | drug conspiracy, participation in methamphetamine | ||||||
| 4 | manufacturing, aggravated participation in methamphetamine | ||||||
| 5 | manufacturing, delivery of methamphetamine, possession | ||||||
| 6 | with intent to deliver methamphetamine, aggravated | ||||||
| 7 | delivery of methamphetamine, aggravated possession with | ||||||
| 8 | intent to deliver methamphetamine, methamphetamine | ||||||
| 9 | conspiracy when the substance containing the controlled | ||||||
| 10 | substance or methamphetamine is 100 grams or more shall | ||||||
| 11 | receive no more than 7.5 days sentence credit for each | ||||||
| 12 | month of his or her sentence of imprisonment;
| ||||||
| 13 | (vi)
that a prisoner serving a sentence for a second or | ||||||
| 14 | subsequent offense of luring a minor shall receive no more | ||||||
| 15 | than 4.5 days of sentence credit for each month of his or | ||||||
| 16 | her sentence of imprisonment; and
| ||||||
| 17 | (vii) that a prisoner serving a sentence for aggravated | ||||||
| 18 | domestic battery shall receive no more than 4.5 days of | ||||||
| 19 | sentence credit for each month of his or her sentence of | ||||||
| 20 | imprisonment. | ||||||
| 21 | (2.1) For all offenses, other than those enumerated in | ||||||
| 22 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
| 23 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
| 24 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
| 25 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
| 26 | (the effective date of Public Act 95-134) (other than the | ||||||
| |||||||
| |||||||
| 1 | offense of unlawful use of weapons under subparagraph (i) of | ||||||
| 2 | paragraph (7) of subsection (a) of Section 24-1 of the Criminal | ||||||
| 3 | Code of 2012)
or subdivision (a)(2)(vi) committed on or after | ||||||
| 4 | June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
| 5 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
| 6 | (the effective date of Public Act 96-1224), and other than the | ||||||
| 7 | offense of aggravated driving under the influence of alcohol, | ||||||
| 8 | other drug or drugs, or
intoxicating compound or compounds, or | ||||||
| 9 | any combination thereof as defined in
subparagraph (F) of | ||||||
| 10 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
| 11 | Illinois Vehicle Code, and other than the offense of aggravated | ||||||
| 12 | driving under the influence of alcohol,
other drug or drugs, or | ||||||
| 13 | intoxicating compound or compounds, or any combination
thereof | ||||||
| 14 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
| 15 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
| 16 | or after January 1, 2011 (the effective date of Public Act | ||||||
| 17 | 96-1230), and other than the offense of unlawful use of weapons | ||||||
| 18 | under subparagraph (i) of paragraph (7) of subsection (a) of | ||||||
| 19 | Section 24-1 of the Criminal Code of 2012 committed on or after | ||||||
| 20 | the effective date of this amendatory Act of the 101st General | ||||||
| 21 | Assembly,
the rules and regulations shall
provide that a | ||||||
| 22 | prisoner who is serving a term of
imprisonment shall receive | ||||||
| 23 | one day of sentence credit for each day of
his or her sentence | ||||||
| 24 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
| 25 | of sentence credit shall reduce by one day the prisoner's | ||||||
| 26 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
| |||||||
| |||||||
| 1 | (2.2) A prisoner serving a term of natural life | ||||||
| 2 | imprisonment or a
prisoner who has been sentenced to death | ||||||
| 3 | shall receive no sentence
credit.
| ||||||
| 4 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
| 5 | subsection (a), the rules and regulations on sentence credit | ||||||
| 6 | shall provide that
a prisoner who is serving a sentence for | ||||||
| 7 | aggravated driving under the influence of alcohol,
other drug | ||||||
| 8 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 9 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
| 10 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
| 11 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
| 12 | for each month of his or her sentence of
imprisonment.
| ||||||
| 13 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
| 14 | subsection (a), the rules and regulations on sentence credit | ||||||
| 15 | shall provide with
respect to the offenses of aggravated | ||||||
| 16 | battery with a machine gun or a firearm
equipped with any | ||||||
| 17 | device or attachment designed or used for silencing the
report | ||||||
| 18 | of a firearm or aggravated discharge of a machine gun or a | ||||||
| 19 | firearm
equipped with any device or attachment designed or used | ||||||
| 20 | for silencing the
report of a firearm, committed on or after
| ||||||
| 21 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
| 22 | prisoner serving a sentence for any of these offenses shall | ||||||
| 23 | receive no
more than 4.5 days of sentence credit for each month | ||||||
| 24 | of his or her sentence
of imprisonment.
| ||||||
| 25 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
| 26 | subsection (a), the rules and regulations on sentence credit | ||||||
| |||||||
| |||||||
| 1 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 2 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
| 3 | effective date of Public Act 92-176) shall receive no more than
| ||||||
| 4 | 4.5 days of sentence credit for each month of his or her | ||||||
| 5 | sentence of
imprisonment.
| ||||||
| 6 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
| 7 | subsection (a), the rules and regulations on sentence credit | ||||||
| 8 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 9 | aggravated driving under the influence of alcohol,
other drug | ||||||
| 10 | or drugs, or intoxicating compound or compounds or any | ||||||
| 11 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
| 12 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
| 13 | Code committed on or after January 1, 2011 (the effective date | ||||||
| 14 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
| 15 | sentence credit for each month of his or her sentence of
| ||||||
| 16 | imprisonment. | ||||||
| 17 | (3) In addition to the sentence credits earned under | ||||||
| 18 | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | ||||||
| 19 | the rules and regulations shall also provide that
the Director | ||||||
| 20 | may award up to 180 days of earned sentence
credit for good | ||||||
| 21 | conduct in specific instances as the
Director deems proper. The | ||||||
| 22 | good conduct may include, but is not limited to, compliance | ||||||
| 23 | with the rules and regulations of the Department, service to | ||||||
| 24 | the Department, service to a community, or service to the | ||||||
| 25 | State.
| ||||||
| 26 | Eligible inmates for an award of earned sentence credit | ||||||
| |||||||
| |||||||
| 1 | under
this paragraph (3) may be selected to receive the credit | ||||||
| 2 | at
the Director's or his or her designee's sole discretion.
| ||||||
| 3 | Eligibility for the additional earned sentence credit under | ||||||
| 4 | this paragraph (3) shall be based on, but is not limited to, | ||||||
| 5 | the results of any available risk/needs assessment or other | ||||||
| 6 | relevant assessments or evaluations administered by the | ||||||
| 7 | Department using a validated instrument, the circumstances of | ||||||
| 8 | the crime, any history of conviction for a forcible felony | ||||||
| 9 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
| 10 | inmate's behavior and disciplinary history while incarcerated, | ||||||
| 11 | and the inmate's commitment to rehabilitation, including | ||||||
| 12 | participation in programming offered by the Department. | ||||||
| 13 | The Director shall not award sentence credit under this | ||||||
| 14 | paragraph (3) to an inmate unless the inmate has served a | ||||||
| 15 | minimum of 60 days of the sentence; except nothing in this | ||||||
| 16 | paragraph shall be construed to permit the Director to extend | ||||||
| 17 | an inmate's sentence beyond that which was imposed by the | ||||||
| 18 | court. Prior to awarding credit under this paragraph (3), the | ||||||
| 19 | Director shall make a written determination that the inmate: | ||||||
| 20 | (A) is eligible for the earned sentence credit; | ||||||
| 21 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
| 22 | days as the sentence will allow; | ||||||
| 23 | (B-1) has received a risk/needs assessment or other | ||||||
| 24 | relevant evaluation or assessment administered by the | ||||||
| 25 | Department using a validated instrument; and | ||||||
| 26 | (C) has met the eligibility criteria established by | ||||||
| |||||||
| |||||||
| 1 | rule for earned sentence credit. | ||||||
| 2 | The Director shall determine the form and content of the | ||||||
| 3 | written determination required in this subsection. | ||||||
| 4 | (3.5) The Department shall provide annual written reports | ||||||
| 5 | to the Governor and the General Assembly on the award of earned | ||||||
| 6 | sentence credit no later than February 1 of each year. The | ||||||
| 7 | Department must publish both reports on its website within 48 | ||||||
| 8 | hours of transmitting the reports to the Governor and the | ||||||
| 9 | General Assembly. The reports must include: | ||||||
| 10 | (A) the number of inmates awarded earned sentence | ||||||
| 11 | credit; | ||||||
| 12 | (B) the average amount of earned sentence credit | ||||||
| 13 | awarded; | ||||||
| 14 | (C) the holding offenses of inmates awarded earned | ||||||
| 15 | sentence credit; and | ||||||
| 16 | (D) the number of earned sentence credit revocations. | ||||||
| 17 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
| 18 | subsection (a), the rules and regulations shall also provide | ||||||
| 19 | that the sentence
credit accumulated and retained under | ||||||
| 20 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
| 21 | during specific periods of time in which such
inmate is engaged | ||||||
| 22 | full-time in substance abuse programs, correctional
industry | ||||||
| 23 | assignments, educational programs, behavior modification | ||||||
| 24 | programs, life skills courses, or re-entry planning provided by | ||||||
| 25 | the Department
under this paragraph (4) and satisfactorily | ||||||
| 26 | completes the assigned program as
determined by the standards | ||||||
| |||||||
| |||||||
| 1 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
| 2 | program participation before August 11, 1993
and 1.50 for | ||||||
| 3 | program participation on or after that date.
The rules and | ||||||
| 4 | regulations shall also provide that sentence credit, subject to | ||||||
| 5 | the same offense limits and multiplier provided in this | ||||||
| 6 | paragraph, may be provided to an inmate who was held in | ||||||
| 7 | pre-trial detention prior to his or her current commitment to | ||||||
| 8 | the Department of Corrections and successfully completed a | ||||||
| 9 | full-time, 60-day or longer substance abuse program, | ||||||
| 10 | educational program, behavior modification program, life | ||||||
| 11 | skills course, or re-entry planning provided by the county | ||||||
| 12 | department of corrections or county jail. Calculation of this | ||||||
| 13 | county program credit shall be done at sentencing as provided | ||||||
| 14 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
| 15 | sentencing order. However, no inmate shall be eligible for the | ||||||
| 16 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
| 17 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
| 18 | detention.
| ||||||
| 19 | (B) The Department shall award sentence credit under this | ||||||
| 20 | paragraph (4) accumulated prior to the effective date of this | ||||||
| 21 | amendatory Act of the 101st General Assembly in an amount | ||||||
| 22 | specified in subparagraph (C) of this paragraph (4) to an | ||||||
| 23 | inmate serving a sentence for an offense committed prior to | ||||||
| 24 | June 19, 1998, if the Department determines that the inmate is | ||||||
| 25 | entitled to this sentence credit, based upon: | ||||||
| 26 | (i) documentation provided by the Department that the | ||||||
| |||||||
| |||||||
| 1 | inmate engaged in any full-time substance abuse programs, | ||||||
| 2 | correctional industry assignments, educational programs, | ||||||
| 3 | behavior modification programs, life skills courses, or | ||||||
| 4 | re-entry planning provided by the Department under this | ||||||
| 5 | paragraph (4) and satisfactorily completed the assigned | ||||||
| 6 | program as determined by the standards of the Department | ||||||
| 7 | during the inmate's current term of incarceration; or | ||||||
| 8 | (ii) the inmate's own testimony in the form of an | ||||||
| 9 | affidavit or documentation, or a third party's | ||||||
| 10 | documentation or testimony in the form of an affidavit that | ||||||
| 11 | the inmate likely engaged in any full-time substance abuse | ||||||
| 12 | programs, correctional industry assignments, educational | ||||||
| 13 | programs, behavior modification programs, life skills | ||||||
| 14 | courses, or re-entry planning provided by the Department | ||||||
| 15 | under paragraph (4) and satisfactorily completed the | ||||||
| 16 | assigned program as determined by the standards of the | ||||||
| 17 | Department during the inmate's current term of | ||||||
| 18 | incarceration. | ||||||
| 19 | (C) If the inmate can provide documentation that he or she | ||||||
| 20 | is entitled to sentence credit under subparagraph (B) in excess | ||||||
| 21 | of 45 days of participation in those programs, the inmate shall | ||||||
| 22 | receive 90 days of sentence credit. If the inmate cannot | ||||||
| 23 | provide documentation of more than 45 days of participation | ||||||
| 24 | those programs, the inmate shall receive 45 days of sentence | ||||||
| 25 | credit. In the event of a disagreement between the Department | ||||||
| 26 | and the inmate as to the amount of credit accumulated under | ||||||
| |||||||
| |||||||
| 1 | subparagraph (B), if the Department provides documented proof | ||||||
| 2 | of a lesser amount of days of participation in those programs, | ||||||
| 3 | that proof shall control. If the Department provides no | ||||||
| 4 | documentary proof, the inmate's proof as set forth in clause | ||||||
| 5 | (ii) of subparagraph (B) shall control as to the amount of | ||||||
| 6 | sentence credit provided. | ||||||
| 7 | (D) If the inmate has been convicted of a sex offense as | ||||||
| 8 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
| 9 | sentencing credits under subparagraph (B) of this paragraph (4) | ||||||
| 10 | shall be awarded by the Department only if the conditions set | ||||||
| 11 | forth in paragraph (4.6) of subsection (a) are satisfied. No | ||||||
| 12 | inmate serving a term of natural life imprisonment shall | ||||||
| 13 | receive sentence credit under subparagraph (B) of this | ||||||
| 14 | paragraph (4). | ||||||
| 15 | Educational, vocational, substance abuse, behavior | ||||||
| 16 | modification programs, life skills courses, re-entry planning, | ||||||
| 17 | and correctional
industry programs under which sentence credit | ||||||
| 18 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
| 19 | of this subsection (a) shall be evaluated by the Department on | ||||||
| 20 | the basis of
documented standards. The Department shall report | ||||||
| 21 | the results of these
evaluations to the Governor and the | ||||||
| 22 | General Assembly by September 30th of each
year. The reports | ||||||
| 23 | shall include data relating to the recidivism rate among
| ||||||
| 24 | program participants.
| ||||||
| 25 | Availability of these programs shall be subject to the
| ||||||
| 26 | limits of fiscal resources appropriated by the General Assembly | ||||||
| |||||||
| |||||||
| 1 | for these
purposes. Eligible inmates who are denied immediate | ||||||
| 2 | admission shall be
placed on a waiting list under criteria | ||||||
| 3 | established by the Department.
The inability of any inmate to | ||||||
| 4 | become engaged in any such programs
by reason of insufficient | ||||||
| 5 | program resources or for any other reason
established under the | ||||||
| 6 | rules and regulations of the Department shall not be
deemed a | ||||||
| 7 | cause of action under which the Department or any employee or
| ||||||
| 8 | agent of the Department shall be liable for damages to the | ||||||
| 9 | inmate.
| ||||||
| 10 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
| 11 | subsection (a), the rules and regulations shall also provide | ||||||
| 12 | that an additional 90 days of sentence credit shall be awarded | ||||||
| 13 | to any prisoner who passes high school equivalency testing | ||||||
| 14 | while the prisoner is committed to the Department of | ||||||
| 15 | Corrections. The sentence credit awarded under this paragraph | ||||||
| 16 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
| 17 | of sentence credit under any other paragraph of this Section, | ||||||
| 18 | but shall also be pursuant to the guidelines and restrictions | ||||||
| 19 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
| 20 | The sentence credit provided for in this paragraph shall be | ||||||
| 21 | available only to those prisoners who have not previously | ||||||
| 22 | earned a high school diploma or a high school equivalency | ||||||
| 23 | certificate. If, after an award of the high school equivalency | ||||||
| 24 | testing sentence credit has been made, the Department | ||||||
| 25 | determines that the prisoner was not eligible, then the award | ||||||
| 26 | shall be revoked.
The Department may also award 90 days of | ||||||
| |||||||
| |||||||
| 1 | sentence credit to any committed person who passed high school | ||||||
| 2 | equivalency testing while he or she was held in pre-trial | ||||||
| 3 | detention prior to the current commitment to the Department of | ||||||
| 4 | Corrections. | ||||||
| 5 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 6 | (a), the rules and regulations shall provide that an additional | ||||||
| 7 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
| 8 | who obtains a bachelor's degree while the prisoner is committed | ||||||
| 9 | to the Department of Corrections. The sentence credit awarded | ||||||
| 10 | under this paragraph (4.1) shall be in addition to, and shall | ||||||
| 11 | not affect, the award of sentence credit under any other | ||||||
| 12 | paragraph of this Section, but shall also be under the | ||||||
| 13 | guidelines and restrictions set forth in paragraph (4) of this | ||||||
| 14 | subsection (a). The sentence credit provided for in this | ||||||
| 15 | paragraph shall be available only to those prisoners who have | ||||||
| 16 | not earned a bachelor's degree prior to the current commitment | ||||||
| 17 | to the Department of Corrections. If, after an award of the | ||||||
| 18 | bachelor's degree sentence credit has been made, the Department | ||||||
| 19 | determines that the prisoner was not eligible, then the award | ||||||
| 20 | shall be revoked. The Department may also award 180 days of | ||||||
| 21 | sentence credit to any committed person who earned a bachelor's | ||||||
| 22 | degree while he or she was held in pre-trial detention prior to | ||||||
| 23 | the current commitment to the Department of Corrections. | ||||||
| 24 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 25 | (a), the rules and regulations shall provide that an additional | ||||||
| 26 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
| |||||||
| |||||||
| 1 | who obtains a master's or professional degree while the | ||||||
| 2 | prisoner is committed to the Department of Corrections. The | ||||||
| 3 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
| 4 | addition to, and shall not affect, the award of sentence credit | ||||||
| 5 | under any other paragraph of this Section, but shall also be | ||||||
| 6 | under the guidelines and restrictions set forth in paragraph | ||||||
| 7 | (4) of this subsection (a). The sentence credit provided for in | ||||||
| 8 | this paragraph shall be available only to those prisoners who | ||||||
| 9 | have not previously earned a master's or professional degree | ||||||
| 10 | prior to the current commitment to the Department of | ||||||
| 11 | Corrections. If, after an award of the master's or professional | ||||||
| 12 | degree sentence credit has been made, the Department determines | ||||||
| 13 | that the prisoner was not eligible, then the award shall be | ||||||
| 14 | revoked. The Department may also award 180 days of sentence | ||||||
| 15 | credit to any committed person who earned a master's or | ||||||
| 16 | professional degree while he or she was held in pre-trial | ||||||
| 17 | detention prior to the current commitment to the Department of | ||||||
| 18 | Corrections. | ||||||
| 19 | (4.5) The rules and regulations on sentence credit shall | ||||||
| 20 | also provide that
when the court's sentencing order recommends | ||||||
| 21 | a prisoner for substance abuse treatment and the
crime was | ||||||
| 22 | committed on or after September 1, 2003 (the effective date of
| ||||||
| 23 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
| 24 | credit awarded under clause (3) of this subsection (a) unless | ||||||
| 25 | he or she participates in and
completes a substance abuse | ||||||
| 26 | treatment program. The Director may waive the requirement to | ||||||
| |||||||
| |||||||
| 1 | participate in or complete a substance abuse treatment program | ||||||
| 2 | in specific instances if the prisoner is not a good candidate | ||||||
| 3 | for a substance abuse treatment program for medical, | ||||||
| 4 | programming, or operational reasons. Availability of
substance | ||||||
| 5 | abuse treatment shall be subject to the limits of fiscal | ||||||
| 6 | resources
appropriated by the General Assembly for these | ||||||
| 7 | purposes. If treatment is not
available and the requirement to | ||||||
| 8 | participate and complete the treatment has not been waived by | ||||||
| 9 | the Director, the prisoner shall be placed on a waiting list | ||||||
| 10 | under criteria
established by the Department. The Director may | ||||||
| 11 | allow a prisoner placed on
a waiting list to participate in and | ||||||
| 12 | complete a substance abuse education class or attend substance
| ||||||
| 13 | abuse self-help meetings in lieu of a substance abuse treatment | ||||||
| 14 | program. A prisoner on a waiting list who is not placed in a | ||||||
| 15 | substance abuse program prior to release may be eligible for a | ||||||
| 16 | waiver and receive sentence credit under clause (3) of this | ||||||
| 17 | subsection (a) at the discretion of the Director.
| ||||||
| 18 | (4.6) The rules and regulations on sentence credit shall | ||||||
| 19 | also provide that a prisoner who has been convicted of a sex | ||||||
| 20 | offense as defined in Section 2 of the Sex Offender | ||||||
| 21 | Registration Act shall receive no sentence credit unless he or | ||||||
| 22 | she either has successfully completed or is participating in | ||||||
| 23 | sex offender treatment as defined by the Sex Offender | ||||||
| 24 | Management Board. However, prisoners who are waiting to receive | ||||||
| 25 | treatment, but who are unable to do so due solely to the lack | ||||||
| 26 | of resources on the part of the Department, may, at the | ||||||
| |||||||
| |||||||
| 1 | Director's sole discretion, be awarded sentence credit at a | ||||||
| 2 | rate as the Director shall determine. | ||||||
| 3 | (4.7) On or after the effective date of this amendatory Act | ||||||
| 4 | of the 100th General Assembly, sentence credit under paragraph | ||||||
| 5 | (3), (4), or (4.1) of this subsection (a) may be awarded to a | ||||||
| 6 | prisoner who is serving a sentence for an offense described in | ||||||
| 7 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
| 8 | on or after the effective date of this amendatory Act of the | ||||||
| 9 | 100th General Assembly; provided, the award of the credits | ||||||
| 10 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
| 11 | prisoner to less than the following amounts: | ||||||
| 12 | (i) 85% of his or her sentence if the prisoner is | ||||||
| 13 | required to serve 85% of his or her sentence; or | ||||||
| 14 | (ii) 60% of his or her sentence if the prisoner is | ||||||
| 15 | required to serve 75% of his or her sentence, except if the | ||||||
| 16 | prisoner is serving a sentence for gunrunning his or her | ||||||
| 17 | sentence shall not be reduced to less than 75%. | ||||||
| 18 | (iii) 100% of his or her sentence if the prisoner is | ||||||
| 19 | required to serve 100% of his or her sentence. | ||||||
| 20 | (5) Whenever the Department is to release any inmate | ||||||
| 21 | earlier than it
otherwise would because of a grant of earned | ||||||
| 22 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
| 23 | Section given at any time during the term, the Department shall | ||||||
| 24 | give
reasonable notice of the impending release not less than | ||||||
| 25 | 14 days prior to the date of the release to the State's
| ||||||
| 26 | Attorney of the county where the prosecution of the inmate took | ||||||
| |||||||
| |||||||
| 1 | place, and if applicable, the State's Attorney of the county | ||||||
| 2 | into which the inmate will be released. The Department must | ||||||
| 3 | also make identification information and a recent photo of the | ||||||
| 4 | inmate being released accessible on the Internet by means of a | ||||||
| 5 | hyperlink labeled "Community Notification of Inmate Early | ||||||
| 6 | Release" on the Department's World Wide Web homepage.
The | ||||||
| 7 | identification information shall include the inmate's: name, | ||||||
| 8 | any known alias, date of birth, physical characteristics, | ||||||
| 9 | commitment offense and county where conviction was imposed. The | ||||||
| 10 | identification information shall be placed on the website | ||||||
| 11 | within 3 days of the inmate's release and the information may | ||||||
| 12 | not be removed until either: completion of the first year of | ||||||
| 13 | mandatory supervised release or return of the inmate to custody | ||||||
| 14 | of the Department.
| ||||||
| 15 | (b) Whenever a person is or has been committed under
| ||||||
| 16 | several convictions, with separate sentences, the sentences
| ||||||
| 17 | shall be construed under Section 5-8-4 in granting and
| ||||||
| 18 | forfeiting of sentence credit.
| ||||||
| 19 | (c) The Department shall prescribe rules and regulations
| ||||||
| 20 | for revoking sentence credit, including revoking sentence | ||||||
| 21 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
| 22 | Section. The Department shall prescribe rules and regulations | ||||||
| 23 | for suspending or reducing
the rate of accumulation of sentence | ||||||
| 24 | credit for specific
rule violations, during imprisonment. | ||||||
| 25 | These rules and regulations
shall provide that no inmate may be | ||||||
| 26 | penalized more than one
year of sentence credit for any one | ||||||
| |||||||
| |||||||
| 1 | infraction.
| ||||||
| 2 | When the Department seeks to revoke, suspend or reduce
the | ||||||
| 3 | rate of accumulation of any sentence credits for
an alleged | ||||||
| 4 | infraction of its rules, it shall bring charges
therefor | ||||||
| 5 | against the prisoner sought to be so deprived of
sentence | ||||||
| 6 | credits before the Prisoner Review Board as
provided in | ||||||
| 7 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
| 8 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
| 9 | month period, the cumulative amount of
credit revoked exceeds | ||||||
| 10 | 30 days except where the infraction is committed
or discovered | ||||||
| 11 | within 60 days of scheduled release. In those cases,
the | ||||||
| 12 | Department of Corrections may revoke up to 30 days of sentence | ||||||
| 13 | credit.
The Board may subsequently approve the revocation of | ||||||
| 14 | additional sentence credit, if the Department seeks to revoke | ||||||
| 15 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
| 16 | not be empowered to review the
Department's decision with | ||||||
| 17 | respect to the loss of 30 days of sentence
credit within any | ||||||
| 18 | calendar year for any prisoner or to increase any penalty
| ||||||
| 19 | beyond the length requested by the Department.
| ||||||
| 20 | The Director of the Department of Corrections, in | ||||||
| 21 | appropriate cases, may
restore up to 30 days of sentence | ||||||
| 22 | credits which have been revoked, suspended
or reduced. Any | ||||||
| 23 | restoration of sentence credits in excess of 30 days shall
be | ||||||
| 24 | subject to review by the Prisoner Review Board. However, the | ||||||
| 25 | Board may not
restore sentence credit in excess of the amount | ||||||
| 26 | requested by the Director.
| ||||||
| |||||||
| |||||||
| 1 | Nothing contained in this Section shall prohibit the | ||||||
| 2 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
| 3 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
| 4 | sentence imposed by the court that was not served due to the
| ||||||
| 5 | accumulation of sentence credit.
| ||||||
| 6 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
| 7 | federal court
against the State, the Department of Corrections, | ||||||
| 8 | or the Prisoner Review Board,
or against any of
their officers | ||||||
| 9 | or employees, and the court makes a specific finding that a
| ||||||
| 10 | pleading, motion, or other paper filed by the prisoner is | ||||||
| 11 | frivolous, the
Department of Corrections shall conduct a | ||||||
| 12 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
| 13 | charges against the prisoner
sought to be deprived of the | ||||||
| 14 | sentence credits before the Prisoner Review
Board as provided | ||||||
| 15 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
| 16 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
| 17 | time of the finding, then the Prisoner Review Board may revoke | ||||||
| 18 | all
sentence credit accumulated by the prisoner.
| ||||||
| 19 | For purposes of this subsection (d):
| ||||||
| 20 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
| 21 | filing which
purports to be a legal document filed by a | ||||||
| 22 | prisoner in his or her lawsuit meets
any or all of the | ||||||
| 23 | following criteria:
| ||||||
| 24 | (A) it lacks an arguable basis either in law or in | ||||||
| 25 | fact;
| ||||||
| 26 | (B) it is being presented for any improper purpose, | ||||||
| |||||||
| |||||||
| 1 | such as to harass or
to cause unnecessary delay or | ||||||
| 2 | needless increase in the cost of litigation;
| ||||||
| 3 | (C) the claims, defenses, and other legal | ||||||
| 4 | contentions therein are not
warranted by existing law | ||||||
| 5 | or by a nonfrivolous argument for the extension,
| ||||||
| 6 | modification, or reversal of existing law or the | ||||||
| 7 | establishment of new law;
| ||||||
| 8 | (D) the allegations and other factual contentions | ||||||
| 9 | do not have
evidentiary
support or, if specifically so | ||||||
| 10 | identified, are not likely to have evidentiary
support | ||||||
| 11 | after a reasonable opportunity for further | ||||||
| 12 | investigation or discovery;
or
| ||||||
| 13 | (E) the denials of factual contentions are not | ||||||
| 14 | warranted on the
evidence, or if specifically so | ||||||
| 15 | identified, are not reasonably based on a lack
of | ||||||
| 16 | information or belief.
| ||||||
| 17 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
| 18 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
| 19 | action under
Article X of the Code of Civil Procedure or | ||||||
| 20 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
| 21 | under the Court of Claims Act, an action under the
federal | ||||||
| 22 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
| 23 | subsequent petition for post-conviction relief under | ||||||
| 24 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
| 25 | whether filed with or without leave of court or a second or | ||||||
| 26 | subsequent petition for relief from judgment under Section | ||||||
| |||||||
| |||||||
| 1 | 2-1401 of the Code of Civil Procedure.
| ||||||
| 2 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
| 3 | validity of Public Act 89-404.
| ||||||
| 4 | (f) Whenever the Department is to release any inmate who | ||||||
| 5 | has been convicted of a violation of an order of protection | ||||||
| 6 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
| 7 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
| 8 | because of a grant of sentence credit, the Department, as a | ||||||
| 9 | condition of release, shall require that the person, upon | ||||||
| 10 | release, be placed under electronic surveillance as provided in | ||||||
| 11 | Section 5-8A-7 of this Code. | ||||||
| 12 | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
| 13 | 101-440, eff. 1-1-20.)
| ||||||