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1 | | (B) compliance with the rules and regulations of the |
2 | | Department; or |
3 | | (C) service to the institution, service to a community, |
4 | | or service to the State. |
5 | | (2) Except as provided in paragraph (4.7) of this |
6 | | subsection (a), the rules and regulations on sentence credit |
7 | | shall provide, with
respect to offenses listed in clause (i), |
8 | | (ii), or (iii) of this paragraph (2) committed on or after June |
9 | | 19, 1998 or with respect to the offense listed in clause (iv) |
10 | | of this paragraph (2) committed on or after June 23, 2005 (the |
11 | | effective date of Public Act 94-71) or with
respect to offense |
12 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
13 | | effective date of Public Act 95-625)
or with respect to the |
14 | | offense of being an armed habitual criminal committed on or |
15 | | after August 2, 2005 (the effective date of Public Act 94-398) |
16 | | or with respect to the offenses listed in clause (v) of this |
17 | | paragraph (2) committed on or after August 13, 2007 (the |
18 | | effective date of Public Act 95-134) or with respect to the |
19 | | offense of aggravated domestic battery committed on or after |
20 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
21 | | with respect to the offense of attempt to commit terrorism |
22 | | committed on or after January 1, 2013 (the effective date of |
23 | | Public Act 97-990), the following:
|
24 | | (i) that a prisoner who is serving a term of |
25 | | imprisonment for first
degree murder or for the offense of |
26 | | terrorism shall receive no sentence
credit and shall serve |
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1 | | the entire
sentence imposed by the court;
|
2 | | (ii) that a prisoner serving a sentence for attempt to |
3 | | commit terrorism, attempt to commit first
degree murder, |
4 | | solicitation of murder, solicitation of murder for hire,
|
5 | | intentional homicide of an unborn child, predatory |
6 | | criminal sexual assault of a
child, aggravated criminal |
7 | | sexual assault, criminal sexual assault, aggravated
|
8 | | kidnapping, aggravated battery with a firearm as described |
9 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
10 | | (e)(4) of Section 12-3.05, heinous battery as described in |
11 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
12 | | being an armed habitual criminal, aggravated
battery of a |
13 | | senior citizen as described in Section 12-4.6 or |
14 | | subdivision (a)(4) of Section 12-3.05, or aggravated |
15 | | battery of a child as described in Section 12-4.3 or |
16 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more |
17 | | than 4.5 days of sentence credit for each month of his or |
18 | | her sentence
of imprisonment;
|
19 | | (iii) that a prisoner serving a sentence
for home |
20 | | invasion, armed robbery, aggravated vehicular hijacking,
|
21 | | aggravated discharge of a firearm, or armed violence with a |
22 | | category I weapon
or category II weapon, when the court
has |
23 | | made and entered a finding, pursuant to subsection (c-1) of |
24 | | Section 5-4-1
of this Code, that the conduct leading to |
25 | | conviction for the enumerated offense
resulted in great |
26 | | bodily harm to a victim, shall receive no more than 4.5 |
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1 | | days
of sentence credit for each month of his or her |
2 | | sentence of imprisonment;
|
3 | | (iv) that a prisoner serving a sentence for aggravated |
4 | | discharge of a firearm, whether or not the conduct leading |
5 | | to conviction for the offense resulted in great bodily harm |
6 | | to the victim, shall receive no more than 4.5 days of |
7 | | sentence credit for each month of his or her sentence of |
8 | | imprisonment;
|
9 | | (v) that a person serving a sentence for gunrunning, |
10 | | narcotics racketeering, controlled substance trafficking, |
11 | | methamphetamine trafficking, drug-induced homicide, |
12 | | aggravated methamphetamine-related child endangerment, |
13 | | money laundering pursuant to clause (c) (4) or (5) of |
14 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
15 | | Code of 2012, or a Class X felony conviction for delivery |
16 | | of a controlled substance, possession of a controlled |
17 | | substance with intent to manufacture or deliver, |
18 | | calculated criminal drug conspiracy, criminal drug |
19 | | conspiracy, street gang criminal drug conspiracy, |
20 | | participation in methamphetamine manufacturing, aggravated |
21 | | participation in methamphetamine manufacturing, delivery |
22 | | of methamphetamine, possession with intent to deliver |
23 | | methamphetamine, aggravated delivery of methamphetamine, |
24 | | aggravated possession with intent to deliver |
25 | | methamphetamine, methamphetamine conspiracy when the |
26 | | substance containing the controlled substance or |
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1 | | methamphetamine is 100 grams or more shall receive no more |
2 | | than 7.5 days sentence credit for each month of his or her |
3 | | sentence of imprisonment;
|
4 | | (vi)
that a prisoner serving a sentence for a second or |
5 | | subsequent offense of luring a minor shall receive no more |
6 | | than 4.5 days of sentence credit for each month of his or |
7 | | her sentence of imprisonment; and
|
8 | | (vii) that a prisoner serving a sentence for aggravated |
9 | | domestic battery shall receive no more than 4.5 days of |
10 | | sentence credit for each month of his or her sentence of |
11 | | imprisonment. |
12 | | (2.1) For all offenses, other than those enumerated in |
13 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
14 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
15 | | June 23, 2005 (the effective date of Public Act 94-71) or |
16 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
17 | | (the effective date of Public Act 95-134)
or subdivision |
18 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
19 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed |
20 | | on or after July 23, 2010 (the effective date of Public Act |
21 | | 96-1224), and other than the offense of aggravated driving |
22 | | under the influence of alcohol, other drug or drugs, or
|
23 | | intoxicating compound or compounds, or any combination thereof |
24 | | as defined in
subparagraph (F) of paragraph (1) of subsection |
25 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other |
26 | | than the offense of aggravated driving under the influence of |
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1 | | alcohol,
other drug or drugs, or intoxicating compound or |
2 | | compounds, or any combination
thereof as defined in |
3 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
4 | | 11-501 of the Illinois Vehicle Code committed on or after |
5 | | January 1, 2011 (the effective date of Public Act 96-1230),
the |
6 | | rules and regulations shall
provide that a prisoner who is |
7 | | serving a term of
imprisonment shall receive one day of |
8 | | sentence credit for each day of
his or her sentence of |
9 | | imprisonment or recommitment under Section 3-3-9.
Each day of |
10 | | sentence credit shall reduce by one day the prisoner's period
|
11 | | of imprisonment or recommitment under Section 3-3-9.
|
12 | | (2.2) A prisoner serving a term of natural life |
13 | | imprisonment or a
prisoner who has been sentenced to death |
14 | | shall receive no sentence
credit.
|
15 | | (2.3) Except as provided in paragraph (4.7) of this |
16 | | subsection (a), the rules and regulations on sentence credit |
17 | | shall provide that
a prisoner who is serving a sentence for |
18 | | aggravated driving under the influence of alcohol,
other drug |
19 | | or drugs, or intoxicating compound or compounds, or any |
20 | | combination
thereof as defined in subparagraph (F) of paragraph |
21 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
22 | | Code, shall receive no more than 4.5
days of sentence credit |
23 | | for each month of his or her sentence of
imprisonment.
|
24 | | (2.4) Except as provided in paragraph (4.7) of this |
25 | | subsection (a), the rules and regulations on sentence credit |
26 | | shall provide with
respect to the offenses of aggravated |
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1 | | battery with a machine gun or a firearm
equipped with any |
2 | | device or attachment designed or used for silencing the
report |
3 | | of a firearm or aggravated discharge of a machine gun or a |
4 | | firearm
equipped with any device or attachment designed or used |
5 | | for silencing the
report of a firearm, committed on or after
|
6 | | July 15, 1999 (the effective date of Public Act 91-121),
that a |
7 | | prisoner serving a sentence for any of these offenses shall |
8 | | receive no
more than 4.5 days of sentence credit for each month |
9 | | of his or her sentence
of imprisonment.
|
10 | | (2.5) Except as provided in paragraph (4.7) of this |
11 | | subsection (a), the rules and regulations on sentence credit |
12 | | shall provide that a
prisoner who is serving a sentence for |
13 | | aggravated arson committed on or after
July 27, 2001 (the |
14 | | effective date of Public Act 92-176) shall receive no more than
|
15 | | 4.5 days of sentence credit for each month of his or her |
16 | | sentence of
imprisonment.
|
17 | | (2.6) Except as provided in paragraph (4.7) of this |
18 | | subsection (a), the rules and regulations on sentence credit |
19 | | shall provide that a
prisoner who is serving a sentence for |
20 | | aggravated driving under the influence of alcohol,
other drug |
21 | | or drugs, or intoxicating compound or compounds or any |
22 | | combination
thereof as defined in subparagraph (C) of paragraph |
23 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
24 | | Code committed on or after January 1, 2011 (the effective date |
25 | | of Public Act 96-1230) shall receive no more than 4.5
days of |
26 | | sentence credit for each month of his or her sentence of
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1 | | imprisonment. |
2 | | (3) In addition to the sentence credits earned under |
3 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), |
4 | | the rules and regulations shall also provide that
the Director |
5 | | may award up to 180 days of earned sentence
credit for good |
6 | | conduct in specific instances as the
Director deems proper. The |
7 | | good conduct may include, but is not limited to, compliance |
8 | | with the rules and regulations of the Department, service to |
9 | | the Department, service to a community, or service to the |
10 | | State.
|
11 | | Eligible inmates for an award of earned sentence credit |
12 | | under
this paragraph (3) may be selected to receive the credit |
13 | | at
the Director's or his or her designee's sole discretion.
|
14 | | Eligibility for the additional earned sentence credit under |
15 | | this paragraph (3) shall be based on, but is not limited to, |
16 | | the results of any available risk/needs assessment or other |
17 | | relevant assessments or evaluations administered by the |
18 | | Department using a validated instrument, the circumstances of |
19 | | the crime, any history of conviction for a forcible felony |
20 | | enumerated in Section 2-8 of the Criminal Code of 2012, the |
21 | | inmate's behavior and disciplinary history while incarcerated, |
22 | | and the inmate's commitment to rehabilitation, including |
23 | | participation in programming offered by the Department. |
24 | | The Director shall not award sentence credit under this |
25 | | paragraph (3) to an inmate unless the inmate has served a |
26 | | minimum of 60 days of the sentence; except nothing in this |
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1 | | paragraph shall be construed to permit the Director to extend |
2 | | an inmate's sentence beyond that which was imposed by the |
3 | | court. Prior to awarding credit under this paragraph (3), the |
4 | | Director shall make a written determination that the inmate: |
5 | | (A) is eligible for the earned sentence credit; |
6 | | (B) has served a minimum of 60 days, or as close to 60 |
7 | | days as the sentence will allow; |
8 | | (B-1) has received a risk/needs assessment or other |
9 | | relevant evaluation or assessment administered by the |
10 | | Department using a validated instrument; and |
11 | | (C) has met the eligibility criteria established by |
12 | | rule for earned sentence credit. |
13 | | The Director shall determine the form and content of the |
14 | | written determination required in this subsection. |
15 | | (3.5) The Department shall provide annual written reports |
16 | | to the Governor and the General Assembly on the award of earned |
17 | | sentence credit no later than February 1 of each year. The |
18 | | Department must publish both reports on its website within 48 |
19 | | hours of transmitting the reports to the Governor and the |
20 | | General Assembly. The reports must include: |
21 | | (A) the number of inmates awarded earned sentence |
22 | | credit; |
23 | | (B) the average amount of earned sentence credit |
24 | | awarded; |
25 | | (C) the holding offenses of inmates awarded earned |
26 | | sentence credit; and |
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1 | | (D) the number of earned sentence credit revocations. |
2 | | (4) Except as provided in paragraph (4.7) of this |
3 | | subsection (a), the rules and regulations shall also provide |
4 | | that the sentence
credit accumulated and retained under |
5 | | paragraph (2.1) of subsection (a) of
this Section by any inmate |
6 | | during specific periods of time in which such
inmate is engaged |
7 | | full-time in substance abuse programs, correctional
industry |
8 | | assignments, educational programs, behavior modification |
9 | | programs, life skills courses, or re-entry planning provided by |
10 | | the Department
under this paragraph (4) and satisfactorily |
11 | | completes the assigned program as
determined by the standards |
12 | | of the Department, shall be multiplied by a factor
of 1.25 for |
13 | | program participation before August 11, 1993
and 1.50 for |
14 | | program participation on or after that date.
The rules and |
15 | | regulations shall also provide that sentence credit, subject to |
16 | | the same offense limits and multiplier provided in this |
17 | | paragraph, may be provided to an inmate who was held in |
18 | | pre-trial detention prior to his or her current commitment to |
19 | | the Department of Corrections and successfully completed a |
20 | | full-time, 60-day or longer substance abuse program, |
21 | | educational program, behavior modification program, life |
22 | | skills course, or re-entry planning provided by the county |
23 | | department of corrections or county jail. Calculation of this |
24 | | county program credit shall be done at sentencing as provided |
25 | | in Section 5-4.5-100 of this Code and shall be included in the |
26 | | sentencing order. However, no inmate shall be eligible for the |
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1 | | additional sentence credit
under this paragraph (4) or (4.1) of |
2 | | this subsection (a) while assigned to a boot camp
or electronic |
3 | | detention.
|
4 | | Except as provided in paragraph (4.7) of this subsection |
5 | | (a), all inmates shall be eligible to receive sentence credits |
6 | | under this paragraph (4). Any inmate currently serving a |
7 | | sentence for an offense committed prior to June 19, 1998 shall |
8 | | receive the sentence credit under this paragraph (4) if the |
9 | | inmate satisfactorily completes an assigned program as |
10 | | determined by the standards of the Department. All inmates |
11 | | serving a sentence for an offense committed prior to June 19, |
12 | | 1998 who were not provided sentence credit under this paragraph |
13 | | (4) prior to the effective date of this amendatory Act of the |
14 | | 101st General Assembly shall be provided with sentence credit |
15 | | under this paragraph (4) if the inmate engaged full-time in any |
16 | | substance abuse programs, correctional industry assignments, |
17 | | educational programs, behavior modification programs, life |
18 | | skills courses, or re-entry planning provided by the Department |
19 | | under this paragraph (4) and satisfactorily completed the |
20 | | assigned program as determined by the standards of the |
21 | | Department prior to the effective date of this amendatory Act |
22 | | of the 101st General Assembly. The Department shall not apply |
23 | | sentence credit under this paragraph (4) to current sentence |
24 | | for participating in programming under this paragraph (4) |
25 | | during a prior term of imprisonment served within the |
26 | | Department. If the inmate has been convicted of a sex offense |
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1 | | as defined in Section 2 of the Sex Offender Registration Act, |
2 | | sentence credits under this paragraph (4) shall be awarded by |
3 | | the Department only if the conditions set forth in paragraph |
4 | | (4.6) of subsection (a) are satisfied. |
5 | | Educational, vocational, substance abuse, behavior |
6 | | modification programs, life skills courses, re-entry planning, |
7 | | and correctional
industry programs under which sentence credit |
8 | | may be increased under
this paragraph (4) and paragraph (4.1) |
9 | | of this subsection (a) shall be evaluated by the Department on |
10 | | the basis of
documented standards. The Department shall report |
11 | | the results of these
evaluations to the Governor and the |
12 | | General Assembly by September 30th of each
year. The reports |
13 | | shall include data relating to the recidivism rate among
|
14 | | program participants.
|
15 | | Availability of these programs shall be subject to the
|
16 | | limits of fiscal resources appropriated by the General Assembly |
17 | | for these
purposes. Eligible inmates who are denied immediate |
18 | | admission shall be
placed on a waiting list under criteria |
19 | | established by the Department.
The inability of any inmate to |
20 | | become engaged in any such programs
by reason of insufficient |
21 | | program resources or for any other reason
established under the |
22 | | rules and regulations of the Department shall not be
deemed a |
23 | | cause of action under which the Department or any employee or
|
24 | | agent of the Department shall be liable for damages to the |
25 | | inmate.
|
26 | | (4.1) Except as provided in paragraph (4.7) of this |
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1 | | subsection (a), the rules and regulations shall also provide |
2 | | that an additional 90 days of sentence credit shall be awarded |
3 | | to any prisoner who passes high school equivalency testing |
4 | | while the prisoner is committed to the Department of |
5 | | Corrections. The sentence credit awarded under this paragraph |
6 | | (4.1) shall be in addition to, and shall not affect, the award |
7 | | of sentence credit under any other paragraph of this Section, |
8 | | but shall also be pursuant to the guidelines and restrictions |
9 | | set forth in paragraph (4) of subsection (a) of this Section.
|
10 | | The sentence credit provided for in this paragraph shall be |
11 | | available only to those prisoners who have not previously |
12 | | earned a high school diploma or a high school equivalency |
13 | | certificate. If, after an award of the high school equivalency |
14 | | testing sentence credit has been made, the Department |
15 | | determines that the prisoner was not eligible, then the award |
16 | | shall be revoked.
The Department may also award 90 days of |
17 | | sentence credit to any committed person who passed high school |
18 | | equivalency testing while he or she was held in pre-trial |
19 | | detention prior to the current commitment to the Department of |
20 | | Corrections. |
21 | | Except as provided in paragraph (4.7) of this subsection |
22 | | (a), the rules and regulations shall provide that an additional |
23 | | 180 days of sentence credit shall be awarded to any prisoner |
24 | | who obtains a bachelor's degree while the prisoner is committed |
25 | | to the Department of Corrections, regardless of the date that |
26 | | the bachelor's degree was obtained, including if prior to the |
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1 | | effective date of this amendatory Act of the 101st General |
2 | | Assembly. The sentence credit awarded under this paragraph |
3 | | (4.1) shall be in addition to, and shall not affect, the award |
4 | | of sentence credit under any other paragraph of this Section, |
5 | | but shall also be under the guidelines and restrictions set |
6 | | forth in paragraph (4) of subsection (a) of this Section. The |
7 | | sentence credit provided for in this paragraph (4.1) shall be |
8 | | available only to those prisoners who have not previously |
9 | | earned a bachelor's degree prior to the current commitment to |
10 | | the Department of Corrections. If, after an award of the |
11 | | bachelor's degree sentence credit has been made and the |
12 | | Department determines that the prisoner was not eligible, then |
13 | | the award shall be revoked. The Department may also award 180 |
14 | | days of sentence credit to any committed person who earned a |
15 | | bachelor's degree while he or she was held in pre-trial |
16 | | detention prior to the current commitment to the Department of |
17 | | Corrections. |
18 | | Except as provided in paragraph (4.7) of this subsection |
19 | | (a), the rules and regulations shall provide that an additional |
20 | | 180 days of sentence credit shall be awarded to any prisoner |
21 | | who obtains a master's or professional degree while the |
22 | | prisoner is committed to the Department of Corrections, |
23 | | regardless of the date that the master's or professional degree |
24 | | was obtained, including if prior to the effective date of this |
25 | | amendatory Act of the 101st General Assembly. The sentence |
26 | | credit awarded under this paragraph (4.1) shall be in addition |
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1 | | to, and shall not affect, the award of sentence credit under |
2 | | any other paragraph of this Section, but shall also be under |
3 | | the guidelines and restrictions set forth in paragraph (4) of |
4 | | subsection (a) of this Section. The sentence credit provided |
5 | | for in this paragraph shall be available only to those |
6 | | prisoners who have not previously earned a master's or |
7 | | professional degree prior to the current commitment to the |
8 | | Department of Corrections. If, after an award of the master's |
9 | | or professional degree sentence credit has been made and the |
10 | | Department determines that the prisoner was not eligible, then |
11 | | the award shall be revoked. The Department may also award 180 |
12 | | days of sentence credit to any committed person who earned a |
13 | | master's or professional degree while he or she was held in |
14 | | pre-trial detention prior to the current commitment to the |
15 | | Department of Corrections. |
16 | | (4.5) The rules and regulations on sentence credit shall |
17 | | also provide that
when the court's sentencing order recommends |
18 | | a prisoner for substance abuse treatment and the
crime was |
19 | | committed on or after September 1, 2003 (the effective date of
|
20 | | Public Act 93-354), the prisoner shall receive no sentence |
21 | | credit awarded under clause (3) of this subsection (a) unless |
22 | | he or she participates in and
completes a substance abuse |
23 | | treatment program. The Director may waive the requirement to |
24 | | participate in or complete a substance abuse treatment program |
25 | | in specific instances if the prisoner is not a good candidate |
26 | | for a substance abuse treatment program for medical, |
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1 | | programming, or operational reasons. Availability of
substance |
2 | | abuse treatment shall be subject to the limits of fiscal |
3 | | resources
appropriated by the General Assembly for these |
4 | | purposes. If treatment is not
available and the requirement to |
5 | | participate and complete the treatment has not been waived by |
6 | | the Director, the prisoner shall be placed on a waiting list |
7 | | under criteria
established by the Department. The Director may |
8 | | allow a prisoner placed on
a waiting list to participate in and |
9 | | complete a substance abuse education class or attend substance
|
10 | | abuse self-help meetings in lieu of a substance abuse treatment |
11 | | program. A prisoner on a waiting list who is not placed in a |
12 | | substance abuse program prior to release may be eligible for a |
13 | | waiver and receive sentence credit under clause (3) of this |
14 | | subsection (a) at the discretion of the Director.
|
15 | | (4.6) The rules and regulations on sentence credit shall |
16 | | also provide that a prisoner who has been convicted of a sex |
17 | | offense as defined in Section 2 of the Sex Offender |
18 | | Registration Act shall receive no sentence credit unless he or |
19 | | she either has successfully completed or is participating in |
20 | | sex offender treatment as defined by the Sex Offender |
21 | | Management Board. However, prisoners who are waiting to receive |
22 | | treatment, but who are unable to do so due solely to the lack |
23 | | of resources on the part of the Department, may, at the |
24 | | Director's sole discretion, be awarded sentence credit at a |
25 | | rate as the Director shall determine. |
26 | | (4.7) On or after the effective date of this amendatory Act |
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1 | | of the 100th General Assembly, sentence credit under paragraph |
2 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a |
3 | | prisoner who is serving a sentence for an offense described in |
4 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
5 | | on or after the effective date of this amendatory Act of the |
6 | | 100th General Assembly; provided, the award of the credits |
7 | | under this paragraph (4.7) shall not reduce the sentence of the |
8 | | prisoner to less than the following amounts: |
9 | | (i) 85% of his or her sentence if the prisoner is |
10 | | required to serve 85% of his or her sentence; or |
11 | | (ii) 60% of his or her sentence if the prisoner is |
12 | | required to serve 75% of his or her sentence, except if the |
13 | | prisoner is serving a sentence for gunrunning his or her |
14 | | sentence shall not be reduced to less than 75% ; or . |
15 | | (iii) 100% of his or her sentence if the prisoner is |
16 | | required to serve 100% of his or her sentence. |
17 | | This paragraph (4.7) shall not apply to a prisoner serving |
18 | | a sentence for an offense described in subparagraph (i) of |
19 | | paragraph (2) of this subsection (a). |
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 |
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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 |
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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.
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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, |
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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 |
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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. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, |
13 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575, |
14 | | eff. 1-8-18.)".
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