Rep. Justin Slaughter
Filed: 3/20/2019
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| 1 | AMENDMENT TO HOUSE BILL 94
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| 2 | AMENDMENT NO. ______. Amend House Bill 94 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Section 3-6-3 as follows:
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| 6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| 7 | Sec. 3-6-3. Rules and regulations for sentence credit.
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| 8 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
| 9 | and regulations for awarding and revoking sentence credit for | ||||||
| 10 | persons committed to the Department which shall
be subject to | ||||||
| 11 | review by the Prisoner Review Board.
| ||||||
| 12 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
| 13 | awarded for the following: | ||||||
| 14 | (A) successful completion of programming while in | ||||||
| 15 | custody of the Department or while in custody prior to | ||||||
| 16 | sentencing; | ||||||
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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:
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| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. 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.)".
| ||||||