| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0330 | |
| 2 | 1 | HB3026 EnrolledLRB103 28518 RLC 54899 b HB3026 Enrolled LRB103 28518 RLC 54899 b | |
| 3 | 2 | HB3026 Enrolled LRB103 28518 RLC 54899 b | |
| 4 | - | AN ACT concerning criminal law. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Unified Code of Corrections is amended by | |
| 8 | - | changing Section 3-6-3 as follows: | |
| 9 | - | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) | |
| 10 | - | Sec. 3-6-3. Rules and regulations for sentence credit. | |
| 11 | - | (a)(1) The Department of Corrections shall prescribe rules | |
| 12 | - | and regulations for awarding and revoking sentence credit for | |
| 13 | - | persons committed to the Department of Corrections and the | |
| 14 | - | Department of Juvenile Justice shall prescribe rules and | |
| 15 | - | regulations for awarding and revoking sentence credit for | |
| 16 | - | persons committed to the Department of Juvenile Justice under | |
| 17 | - | Section 5-8-6 of the Unified Code of Corrections, which shall | |
| 18 | - | be subject to review by the Prisoner Review Board. | |
| 19 | - | (1.5) As otherwise provided by law, sentence credit may be | |
| 20 | - | awarded for the following: | |
| 21 | - | (A) successful completion of programming while in | |
| 22 | - | custody of the Department of Corrections or the Department | |
| 23 | - | of Juvenile Justice or while in custody prior to | |
| 24 | - | sentencing; | |
| 25 | - | (B) compliance with the rules and regulations of the | |
| 26 | - | Department; or | |
| 3 | + | 1 AN ACT concerning criminal law. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Unified Code of Corrections is amended by | |
| 7 | + | 5 changing Section 3-6-3 as follows: | |
| 8 | + | 6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) | |
| 9 | + | 7 Sec. 3-6-3. Rules and regulations for sentence credit. | |
| 10 | + | 8 (a)(1) The Department of Corrections shall prescribe rules | |
| 11 | + | 9 and regulations for awarding and revoking sentence credit for | |
| 12 | + | 10 persons committed to the Department of Corrections and the | |
| 13 | + | 11 Department of Juvenile Justice shall prescribe rules and | |
| 14 | + | 12 regulations for awarding and revoking sentence credit for | |
| 15 | + | 13 persons committed to the Department of Juvenile Justice under | |
| 16 | + | 14 Section 5-8-6 of the Unified Code of Corrections, which shall | |
| 17 | + | 15 be subject to review by the Prisoner Review Board. | |
| 18 | + | 16 (1.5) As otherwise provided by law, sentence credit may be | |
| 19 | + | 17 awarded for the following: | |
| 20 | + | 18 (A) successful completion of programming while in | |
| 21 | + | 19 custody of the Department of Corrections or the Department | |
| 22 | + | 20 of Juvenile Justice or while in custody prior to | |
| 23 | + | 21 sentencing; | |
| 24 | + | 22 (B) compliance with the rules and regulations of the | |
| 25 | + | 23 Department; or | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB3026 Enrolled LRB103 28518 RLC 54899 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | (C) service to the institution, service to a | |
| 34 | - | community, or service to the State. | |
| 35 | - | (2) Except as provided in paragraph (4.7) of this | |
| 36 | - | subsection (a), the rules and regulations on sentence credit | |
| 37 | - | shall provide, with respect to offenses listed in clause (i), | |
| 38 | - | (ii), or (iii) of this paragraph (2) committed on or after June | |
| 39 | - | 19, 1998 or with respect to the offense listed in clause (iv) | |
| 40 | - | of this paragraph (2) committed on or after June 23, 2005 (the | |
| 41 | - | effective date of Public Act 94-71) or with respect to offense | |
| 42 | - | listed in clause (vi) committed on or after June 1, 2008 (the | |
| 43 | - | effective date of Public Act 95-625) or with respect to the | |
| 44 | - | offense of being an armed habitual criminal committed on or | |
| 45 | - | after August 2, 2005 (the effective date of Public Act 94-398) | |
| 46 | - | or with respect to the offenses listed in clause (v) of this | |
| 47 | - | paragraph (2) committed on or after August 13, 2007 (the | |
| 48 | - | effective date of Public Act 95-134) or with respect to the | |
| 49 | - | offense of aggravated domestic battery committed on or after | |
| 50 | - | July 23, 2010 (the effective date of Public Act 96-1224) or | |
| 51 | - | with respect to the offense of attempt to commit terrorism | |
| 52 | - | committed on or after January 1, 2013 (the effective date of | |
| 53 | - | Public Act 97-990), the following: | |
| 54 | - | (i) that a prisoner who is serving a term of | |
| 55 | - | imprisonment for first degree murder or for the offense of | |
| 56 | - | terrorism shall receive no sentence credit and shall serve | |
| 57 | - | the entire sentence imposed by the court; | |
| 58 | - | (ii) that a prisoner serving a sentence for attempt to | |
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| 33 | + | HB3026 Enrolled - 2 - LRB103 28518 RLC 54899 b | |
| 34 | + | 1 (C) service to the institution, service to a | |
| 35 | + | 2 community, or service to the State. | |
| 36 | + | 3 (2) Except as provided in paragraph (4.7) of this | |
| 37 | + | 4 subsection (a), the rules and regulations on sentence credit | |
| 38 | + | 5 shall provide, with respect to offenses listed in clause (i), | |
| 39 | + | 6 (ii), or (iii) of this paragraph (2) committed on or after June | |
| 40 | + | 7 19, 1998 or with respect to the offense listed in clause (iv) | |
| 41 | + | 8 of this paragraph (2) committed on or after June 23, 2005 (the | |
| 42 | + | 9 effective date of Public Act 94-71) or with respect to offense | |
| 43 | + | 10 listed in clause (vi) committed on or after June 1, 2008 (the | |
| 44 | + | 11 effective date of Public Act 95-625) or with respect to the | |
| 45 | + | 12 offense of being an armed habitual criminal committed on or | |
| 46 | + | 13 after August 2, 2005 (the effective date of Public Act 94-398) | |
| 47 | + | 14 or with respect to the offenses listed in clause (v) of this | |
| 48 | + | 15 paragraph (2) committed on or after August 13, 2007 (the | |
| 49 | + | 16 effective date of Public Act 95-134) or with respect to the | |
| 50 | + | 17 offense of aggravated domestic battery committed on or after | |
| 51 | + | 18 July 23, 2010 (the effective date of Public Act 96-1224) or | |
| 52 | + | 19 with respect to the offense of attempt to commit terrorism | |
| 53 | + | 20 committed on or after January 1, 2013 (the effective date of | |
| 54 | + | 21 Public Act 97-990), the following: | |
| 55 | + | 22 (i) that a prisoner who is serving a term of | |
| 56 | + | 23 imprisonment for first degree murder or for the offense of | |
| 57 | + | 24 terrorism shall receive no sentence credit and shall serve | |
| 58 | + | 25 the entire sentence imposed by the court; | |
| 59 | + | 26 (ii) that a prisoner serving a sentence for attempt to | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | commit terrorism, attempt to commit first degree murder, | |
| 62 | - | solicitation of murder, solicitation of murder for hire, | |
| 63 | - | intentional homicide of an unborn child, predatory | |
| 64 | - | criminal sexual assault of a child, aggravated criminal | |
| 65 | - | sexual assault, criminal sexual assault, aggravated | |
| 66 | - | kidnapping, aggravated battery with a firearm as described | |
| 67 | - | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | |
| 68 | - | or (e)(4) of Section 12-3.05, heinous battery as described | |
| 69 | - | in Section 12-4.1 or subdivision (a)(2) of Section | |
| 70 | - | 12-3.05, being an armed habitual criminal, aggravated | |
| 71 | - | battery of a senior citizen as described in Section 12-4.6 | |
| 72 | - | or subdivision (a)(4) of Section 12-3.05, or aggravated | |
| 73 | - | battery of a child as described in Section 12-4.3 or | |
| 74 | - | subdivision (b)(1) of Section 12-3.05 shall receive no | |
| 75 | - | more than 4.5 days of sentence credit for each month of his | |
| 76 | - | or her sentence of imprisonment; | |
| 77 | - | (iii) that a prisoner serving a sentence for home | |
| 78 | - | invasion, armed robbery, aggravated vehicular hijacking, | |
| 79 | - | aggravated discharge of a firearm, or armed violence with | |
| 80 | - | a category I weapon or category II weapon, when the court | |
| 81 | - | has made and entered a finding, pursuant to subsection | |
| 82 | - | (c-1) of Section 5-4-1 of this Code, that the conduct | |
| 83 | - | leading to conviction for the enumerated offense resulted | |
| 84 | - | in great bodily harm to a victim, shall receive no more | |
| 85 | - | than 4.5 days of sentence credit for each month of his or | |
| 86 | - | her sentence of imprisonment; | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | (iv) that a prisoner serving a sentence for aggravated | |
| 90 | - | discharge of a firearm, whether or not the conduct leading | |
| 91 | - | to conviction for the offense resulted in great bodily | |
| 92 | - | harm to the victim, shall receive no more than 4.5 days of | |
| 93 | - | sentence credit for each month of his or her sentence of | |
| 94 | - | imprisonment; | |
| 95 | - | (v) that a person serving a sentence for gunrunning, | |
| 96 | - | narcotics racketeering, controlled substance trafficking, | |
| 97 | - | methamphetamine trafficking, drug-induced homicide, | |
| 98 | - | aggravated methamphetamine-related child endangerment, | |
| 99 | - | money laundering pursuant to clause (c) (4) or (5) of | |
| 100 | - | Section 29B-1 of the Criminal Code of 1961 or the Criminal | |
| 101 | - | Code of 2012, or a Class X felony conviction for delivery | |
| 102 | - | of a controlled substance, possession of a controlled | |
| 103 | - | substance with intent to manufacture or deliver, | |
| 104 | - | calculated criminal drug conspiracy, criminal drug | |
| 105 | - | conspiracy, street gang criminal drug conspiracy, | |
| 106 | - | participation in methamphetamine manufacturing, | |
| 107 | - | aggravated participation in methamphetamine | |
| 108 | - | manufacturing, delivery of methamphetamine, possession | |
| 109 | - | with intent to deliver methamphetamine, aggravated | |
| 110 | - | delivery of methamphetamine, aggravated possession with | |
| 111 | - | intent to deliver methamphetamine, methamphetamine | |
| 112 | - | conspiracy when the substance containing the controlled | |
| 113 | - | substance or methamphetamine is 100 grams or more shall | |
| 114 | - | receive no more than 7.5 days sentence credit for each | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | month of his or her sentence of imprisonment; | |
| 118 | - | (vi) that a prisoner serving a sentence for a second | |
| 119 | - | or subsequent offense of luring a minor shall receive no | |
| 120 | - | more than 4.5 days of sentence credit for each month of his | |
| 121 | - | or her sentence of imprisonment; and | |
| 122 | - | (vii) that a prisoner serving a sentence for | |
| 123 | - | aggravated domestic battery shall receive no more than 4.5 | |
| 124 | - | days of sentence credit for each month of his or her | |
| 125 | - | sentence of imprisonment. | |
| 126 | - | (2.1) For all offenses, other than those enumerated in | |
| 127 | - | subdivision (a)(2)(i), (ii), or (iii) committed on or after | |
| 128 | - | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | |
| 129 | - | June 23, 2005 (the effective date of Public Act 94-71) or | |
| 130 | - | subdivision (a)(2)(v) committed on or after August 13, 2007 | |
| 131 | - | (the effective date of Public Act 95-134) or subdivision | |
| 132 | - | (a)(2)(vi) committed on or after June 1, 2008 (the effective | |
| 133 | - | date of Public Act 95-625) or subdivision (a)(2)(vii) | |
| 134 | - | committed on or after July 23, 2010 (the effective date of | |
| 135 | - | Public Act 96-1224), and other than the offense of aggravated | |
| 136 | - | driving under the influence of alcohol, other drug or drugs, | |
| 137 | - | or intoxicating compound or compounds, or any combination | |
| 138 | - | thereof as defined in subparagraph (F) of paragraph (1) of | |
| 139 | - | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | |
| 140 | - | and other than the offense of aggravated driving under the | |
| 141 | - | influence of alcohol, other drug or drugs, or intoxicating | |
| 142 | - | compound or compounds, or any combination thereof as defined | |
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| 69 | + | HB3026 Enrolled - 3 - LRB103 28518 RLC 54899 b | |
| 70 | + | 1 commit terrorism, attempt to commit first degree murder, | |
| 71 | + | 2 solicitation of murder, solicitation of murder for hire, | |
| 72 | + | 3 intentional homicide of an unborn child, predatory | |
| 73 | + | 4 criminal sexual assault of a child, aggravated criminal | |
| 74 | + | 5 sexual assault, criminal sexual assault, aggravated | |
| 75 | + | 6 kidnapping, aggravated battery with a firearm as described | |
| 76 | + | 7 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | |
| 77 | + | 8 or (e)(4) of Section 12-3.05, heinous battery as described | |
| 78 | + | 9 in Section 12-4.1 or subdivision (a)(2) of Section | |
| 79 | + | 10 12-3.05, being an armed habitual criminal, aggravated | |
| 80 | + | 11 battery of a senior citizen as described in Section 12-4.6 | |
| 81 | + | 12 or subdivision (a)(4) of Section 12-3.05, or aggravated | |
| 82 | + | 13 battery of a child as described in Section 12-4.3 or | |
| 83 | + | 14 subdivision (b)(1) of Section 12-3.05 shall receive no | |
| 84 | + | 15 more than 4.5 days of sentence credit for each month of his | |
| 85 | + | 16 or her sentence of imprisonment; | |
| 86 | + | 17 (iii) that a prisoner serving a sentence for home | |
| 87 | + | 18 invasion, armed robbery, aggravated vehicular hijacking, | |
| 88 | + | 19 aggravated discharge of a firearm, or armed violence with | |
| 89 | + | 20 a category I weapon or category II weapon, when the court | |
| 90 | + | 21 has made and entered a finding, pursuant to subsection | |
| 91 | + | 22 (c-1) of Section 5-4-1 of this Code, that the conduct | |
| 92 | + | 23 leading to conviction for the enumerated offense resulted | |
| 93 | + | 24 in great bodily harm to a victim, shall receive no more | |
| 94 | + | 25 than 4.5 days of sentence credit for each month of his or | |
| 95 | + | 26 her sentence of imprisonment; | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | in subparagraph (C) of paragraph (1) of subsection (d) of | |
| 146 | - | Section 11-501 of the Illinois Vehicle Code committed on or | |
| 147 | - | after January 1, 2011 (the effective date of Public Act | |
| 148 | - | 96-1230), the rules and regulations shall provide that a | |
| 149 | - | prisoner who is serving a term of imprisonment shall receive | |
| 150 | - | one day of sentence credit for each day of his or her sentence | |
| 151 | - | of imprisonment or recommitment under Section 3-3-9. Each day | |
| 152 | - | of sentence credit shall reduce by one day the prisoner's | |
| 153 | - | period of imprisonment or recommitment under Section 3-3-9. | |
| 154 | - | (2.2) A prisoner serving a term of natural life | |
| 155 | - | imprisonment or a prisoner who has been sentenced to death | |
| 156 | - | shall receive no sentence credit. | |
| 157 | - | (2.3) Except as provided in paragraph (4.7) of this | |
| 158 | - | subsection (a), the rules and regulations on sentence credit | |
| 159 | - | shall provide that a prisoner who is serving a sentence for | |
| 160 | - | aggravated driving under the influence of alcohol, other drug | |
| 161 | - | or drugs, or intoxicating compound or compounds, or any | |
| 162 | - | combination thereof as defined in subparagraph (F) of | |
| 163 | - | paragraph (1) of subsection (d) of Section 11-501 of the | |
| 164 | - | Illinois Vehicle Code, shall receive no more than 4.5 days of | |
| 165 | - | sentence credit for each month of his or her sentence of | |
| 166 | - | imprisonment. | |
| 167 | - | (2.4) Except as provided in paragraph (4.7) of this | |
| 168 | - | subsection (a), the rules and regulations on sentence credit | |
| 169 | - | shall provide with respect to the offenses of aggravated | |
| 170 | - | battery with a machine gun or a firearm equipped with any | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | device or attachment designed or used for silencing the report | |
| 174 | - | of a firearm or aggravated discharge of a machine gun or a | |
| 175 | - | firearm equipped with any device or attachment designed or | |
| 176 | - | used for silencing the report of a firearm, committed on or | |
| 177 | - | after July 15, 1999 (the effective date of Public Act 91-121), | |
| 178 | - | that a prisoner serving a sentence for any of these offenses | |
| 179 | - | shall receive no more than 4.5 days of sentence credit for each | |
| 180 | - | month of his or her sentence of imprisonment. | |
| 181 | - | (2.5) Except as provided in paragraph (4.7) of this | |
| 182 | - | subsection (a), the rules and regulations on sentence credit | |
| 183 | - | shall provide that a prisoner who is serving a sentence for | |
| 184 | - | aggravated arson committed on or after July 27, 2001 (the | |
| 185 | - | effective date of Public Act 92-176) shall receive no more | |
| 186 | - | than 4.5 days of sentence credit for each month of his or her | |
| 187 | - | sentence of imprisonment. | |
| 188 | - | (2.6) Except as provided in paragraph (4.7) of this | |
| 189 | - | subsection (a), the rules and regulations on sentence credit | |
| 190 | - | shall provide that a prisoner who is serving a sentence for | |
| 191 | - | aggravated driving under the influence of alcohol, other drug | |
| 192 | - | or drugs, or intoxicating compound or compounds or any | |
| 193 | - | combination thereof as defined in subparagraph (C) of | |
| 194 | - | paragraph (1) of subsection (d) of Section 11-501 of the | |
| 195 | - | Illinois Vehicle Code committed on or after January 1, 2011 | |
| 196 | - | (the effective date of Public Act 96-1230) shall receive no | |
| 197 | - | more than 4.5 days of sentence credit for each month of his or | |
| 198 | - | her sentence of imprisonment. | |
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| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | (3) In addition to the sentence credits earned under | |
| 202 | - | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | |
| 203 | - | subsection (a), the rules and regulations shall also provide | |
| 204 | - | that the Director of Corrections or the Director of Juvenile | |
| 205 | - | Justice may award up to 180 days of earned sentence credit for | |
| 206 | - | prisoners serving a sentence of incarceration of less than 5 | |
| 207 | - | years, and up to 365 days of earned sentence credit for | |
| 208 | - | prisoners serving a sentence of 5 years or longer. The | |
| 209 | - | Director may grant this credit for good conduct in specific | |
| 210 | - | instances as either Director deems proper for eligible persons | |
| 211 | - | in the custody of each Director's respective Department. The | |
| 212 | - | good conduct may include, but is not limited to, compliance | |
| 213 | - | with the rules and regulations of the Department, service to | |
| 214 | - | the Department, service to a community, or service to the | |
| 215 | - | State. | |
| 216 | - | Eligible inmates for an award of earned sentence credit | |
| 217 | - | under this paragraph (3) may be selected to receive the credit | |
| 218 | - | at either Director's or his or her designee's sole discretion. | |
| 219 | - | Eligibility for the additional earned sentence credit under | |
| 220 | - | this paragraph (3) may be based on, but is not limited to, | |
| 221 | - | participation in programming offered by the Department as | |
| 222 | - | appropriate for the prisoner based on the results of any | |
| 223 | - | available risk/needs assessment or other relevant assessments | |
| 224 | - | or evaluations administered by the Department using a | |
| 225 | - | validated instrument, the circumstances of the crime, | |
| 226 | - | demonstrated commitment to rehabilitation by a prisoner with a | |
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| 106 | + | 1 (iv) that a prisoner serving a sentence for aggravated | |
| 107 | + | 2 discharge of a firearm, whether or not the conduct leading | |
| 108 | + | 3 to conviction for the offense resulted in great bodily | |
| 109 | + | 4 harm to the victim, shall receive no more than 4.5 days of | |
| 110 | + | 5 sentence credit for each month of his or her sentence of | |
| 111 | + | 6 imprisonment; | |
| 112 | + | 7 (v) that a person serving a sentence for gunrunning, | |
| 113 | + | 8 narcotics racketeering, controlled substance trafficking, | |
| 114 | + | 9 methamphetamine trafficking, drug-induced homicide, | |
| 115 | + | 10 aggravated methamphetamine-related child endangerment, | |
| 116 | + | 11 money laundering pursuant to clause (c) (4) or (5) of | |
| 117 | + | 12 Section 29B-1 of the Criminal Code of 1961 or the Criminal | |
| 118 | + | 13 Code of 2012, or a Class X felony conviction for delivery | |
| 119 | + | 14 of a controlled substance, possession of a controlled | |
| 120 | + | 15 substance with intent to manufacture or deliver, | |
| 121 | + | 16 calculated criminal drug conspiracy, criminal drug | |
| 122 | + | 17 conspiracy, street gang criminal drug conspiracy, | |
| 123 | + | 18 participation in methamphetamine manufacturing, | |
| 124 | + | 19 aggravated participation in methamphetamine | |
| 125 | + | 20 manufacturing, delivery of methamphetamine, possession | |
| 126 | + | 21 with intent to deliver methamphetamine, aggravated | |
| 127 | + | 22 delivery of methamphetamine, aggravated possession with | |
| 128 | + | 23 intent to deliver methamphetamine, methamphetamine | |
| 129 | + | 24 conspiracy when the substance containing the controlled | |
| 130 | + | 25 substance or methamphetamine is 100 grams or more shall | |
| 131 | + | 26 receive no more than 7.5 days sentence credit for each | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | history of conviction for a forcible felony enumerated in | |
| 230 | - | Section 2-8 of the Criminal Code of 2012, the inmate's | |
| 231 | - | behavior and improvements in disciplinary history while | |
| 232 | - | incarcerated, and the inmate's commitment to rehabilitation, | |
| 233 | - | including participation in programming offered by the | |
| 234 | - | Department. | |
| 235 | - | The Director of Corrections or the Director of Juvenile | |
| 236 | - | Justice shall not award sentence credit under this paragraph | |
| 237 | - | (3) to an inmate unless the inmate has served a minimum of 60 | |
| 238 | - | days of the sentence, including time served in a county jail; | |
| 239 | - | except nothing in this paragraph shall be construed to permit | |
| 240 | - | either Director to extend an inmate's sentence beyond that | |
| 241 | - | which was imposed by the court. Prior to awarding credit under | |
| 242 | - | this paragraph (3), each Director shall make a written | |
| 243 | - | determination that the inmate: | |
| 244 | - | (A) is eligible for the earned sentence credit; | |
| 245 | - | (B) has served a minimum of 60 days, or as close to 60 | |
| 246 | - | days as the sentence will allow; | |
| 247 | - | (B-1) has received a risk/needs assessment or other | |
| 248 | - | relevant evaluation or assessment administered by the | |
| 249 | - | Department using a validated instrument; and | |
| 250 | - | (C) has met the eligibility criteria established by | |
| 251 | - | rule for earned sentence credit. | |
| 252 | - | The Director of Corrections or the Director of Juvenile | |
| 253 | - | Justice shall determine the form and content of the written | |
| 254 | - | determination required in this subsection. | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | (3.5) The Department shall provide annual written reports | |
| 258 | - | to the Governor and the General Assembly on the award of earned | |
| 259 | - | sentence credit no later than February 1 of each year. The | |
| 260 | - | Department must publish both reports on its website within 48 | |
| 261 | - | hours of transmitting the reports to the Governor and the | |
| 262 | - | General Assembly. The reports must include: | |
| 263 | - | (A) the number of inmates awarded earned sentence | |
| 264 | - | credit; | |
| 265 | - | (B) the average amount of earned sentence credit | |
| 266 | - | awarded; | |
| 267 | - | (C) the holding offenses of inmates awarded earned | |
| 268 | - | sentence credit; and | |
| 269 | - | (D) the number of earned sentence credit revocations. | |
| 270 | - | (4)(A) Except as provided in paragraph (4.7) of this | |
| 271 | - | subsection (a), the rules and regulations shall also provide | |
| 272 | - | that any prisoner who is engaged full-time in substance abuse | |
| 273 | - | programs, correctional industry assignments, educational | |
| 274 | - | programs, work-release programs or activities in accordance | |
| 275 | - | with Article 13 of Chapter III of this Code, behavior | |
| 276 | - | modification programs, life skills courses, or re-entry | |
| 277 | - | planning provided by the Department under this paragraph (4) | |
| 278 | - | and satisfactorily completes the assigned program as | |
| 279 | - | determined by the standards of the Department, shall receive | |
| 280 | - | one day of sentence credit for each day in which that prisoner | |
| 281 | - | is engaged in the activities described in this paragraph. The | |
| 282 | - | rules and regulations shall also provide that sentence credit | |
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| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | may be provided to an inmate who was held in pre-trial | |
| 286 | - | detention prior to his or her current commitment to the | |
| 287 | - | Department of Corrections and successfully completed a | |
| 288 | - | full-time, 60-day or longer substance abuse program, | |
| 289 | - | educational program, behavior modification program, life | |
| 290 | - | skills course, or re-entry planning provided by the county | |
| 291 | - | department of corrections or county jail. Calculation of this | |
| 292 | - | county program credit shall be done at sentencing as provided | |
| 293 | - | in Section 5-4.5-100 of this Code and shall be included in the | |
| 294 | - | sentencing order. The rules and regulations shall also provide | |
| 295 | - | that sentence credit may be provided to an inmate who is in | |
| 296 | - | compliance with programming requirements in an adult | |
| 297 | - | transition center. | |
| 298 | - | (B) The Department shall award sentence credit under this | |
| 299 | - | paragraph (4) accumulated prior to January 1, 2020 (the | |
| 300 | - | effective date of Public Act 101-440) in an amount specified | |
| 301 | - | in subparagraph (C) of this paragraph (4) to an inmate serving | |
| 302 | - | a sentence for an offense committed prior to June 19, 1998, if | |
| 303 | - | the Department determines that the inmate is entitled to this | |
| 304 | - | sentence credit, based upon: | |
| 305 | - | (i) documentation provided by the Department that the | |
| 306 | - | inmate engaged in any full-time substance abuse programs, | |
| 307 | - | correctional industry assignments, educational programs, | |
| 308 | - | behavior modification programs, life skills courses, or | |
| 309 | - | re-entry planning provided by the Department under this | |
| 310 | - | paragraph (4) and satisfactorily completed the assigned | |
| 140 | + | HB3026 Enrolled- 5 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 5 - LRB103 28518 RLC 54899 b | |
| 141 | + | HB3026 Enrolled - 5 - LRB103 28518 RLC 54899 b | |
| 142 | + | 1 month of his or her sentence of imprisonment; | |
| 143 | + | 2 (vi) that a prisoner serving a sentence for a second | |
| 144 | + | 3 or subsequent offense of luring a minor shall receive no | |
| 145 | + | 4 more than 4.5 days of sentence credit for each month of his | |
| 146 | + | 5 or her sentence of imprisonment; and | |
| 147 | + | 6 (vii) that a prisoner serving a sentence for | |
| 148 | + | 7 aggravated domestic battery shall receive no more than 4.5 | |
| 149 | + | 8 days of sentence credit for each month of his or her | |
| 150 | + | 9 sentence of imprisonment. | |
| 151 | + | 10 (2.1) For all offenses, other than those enumerated in | |
| 152 | + | 11 subdivision (a)(2)(i), (ii), or (iii) committed on or after | |
| 153 | + | 12 June 19, 1998 or subdivision (a)(2)(iv) committed on or after | |
| 154 | + | 13 June 23, 2005 (the effective date of Public Act 94-71) or | |
| 155 | + | 14 subdivision (a)(2)(v) committed on or after August 13, 2007 | |
| 156 | + | 15 (the effective date of Public Act 95-134) or subdivision | |
| 157 | + | 16 (a)(2)(vi) committed on or after June 1, 2008 (the effective | |
| 158 | + | 17 date of Public Act 95-625) or subdivision (a)(2)(vii) | |
| 159 | + | 18 committed on or after July 23, 2010 (the effective date of | |
| 160 | + | 19 Public Act 96-1224), and other than the offense of aggravated | |
| 161 | + | 20 driving under the influence of alcohol, other drug or drugs, | |
| 162 | + | 21 or intoxicating compound or compounds, or any combination | |
| 163 | + | 22 thereof as defined in subparagraph (F) of paragraph (1) of | |
| 164 | + | 23 subsection (d) of Section 11-501 of the Illinois Vehicle Code, | |
| 165 | + | 24 and other than the offense of aggravated driving under the | |
| 166 | + | 25 influence of alcohol, other drug or drugs, or intoxicating | |
| 167 | + | 26 compound or compounds, or any combination thereof as defined | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | program as determined by the standards of the Department | |
| 314 | - | during the inmate's current term of incarceration; or | |
| 315 | - | (ii) the inmate's own testimony in the form of an | |
| 316 | - | affidavit or documentation, or a third party's | |
| 317 | - | documentation or testimony in the form of an affidavit | |
| 318 | - | that the inmate likely engaged in any full-time substance | |
| 319 | - | abuse programs, correctional industry assignments, | |
| 320 | - | educational programs, behavior modification programs, life | |
| 321 | - | skills courses, or re-entry planning provided by the | |
| 322 | - | Department under paragraph (4) and satisfactorily | |
| 323 | - | completed the assigned program as determined by the | |
| 324 | - | standards of the Department during the inmate's current | |
| 325 | - | term of incarceration. | |
| 326 | - | (C) If the inmate can provide documentation that he or she | |
| 327 | - | is entitled to sentence credit under subparagraph (B) in | |
| 328 | - | excess of 45 days of participation in those programs, the | |
| 329 | - | inmate shall receive 90 days of sentence credit. If the inmate | |
| 330 | - | cannot provide documentation of more than 45 days of | |
| 331 | - | participation in those programs, the inmate shall receive 45 | |
| 332 | - | days of sentence credit. In the event of a disagreement | |
| 333 | - | between the Department and the inmate as to the amount of | |
| 334 | - | credit accumulated under subparagraph (B), if the Department | |
| 335 | - | provides documented proof of a lesser amount of days of | |
| 336 | - | participation in those programs, that proof shall control. If | |
| 337 | - | the Department provides no documentary proof, the inmate's | |
| 338 | - | proof as set forth in clause (ii) of subparagraph (B) shall | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | control as to the amount of sentence credit provided. | |
| 342 | - | (D) If the inmate has been convicted of a sex offense as | |
| 343 | - | defined in Section 2 of the Sex Offender Registration Act, | |
| 344 | - | sentencing credits under subparagraph (B) of this paragraph | |
| 345 | - | (4) shall be awarded by the Department only if the conditions | |
| 346 | - | set forth in paragraph (4.6) of subsection (a) are satisfied. | |
| 347 | - | No inmate serving a term of natural life imprisonment shall | |
| 348 | - | receive sentence credit under subparagraph (B) of this | |
| 349 | - | paragraph (4). | |
| 350 | - | (E) The rules and regulations shall provide for the | |
| 351 | - | recalculation of program credits awarded pursuant to this | |
| 352 | - | paragraph (4) prior to July 1, 2021 (the effective date of | |
| 353 | - | Public Act 101-652) at the rate set for such credits on and | |
| 354 | - | after July 1, 2021. | |
| 355 | - | Educational, vocational, substance abuse, behavior | |
| 356 | - | modification programs, life skills courses, re-entry planning, | |
| 357 | - | and correctional industry programs under which sentence credit | |
| 358 | - | may be earned under this paragraph (4) and paragraph (4.1) of | |
| 359 | - | this subsection (a) shall be evaluated by the Department on | |
| 360 | - | the basis of documented standards. The Department shall report | |
| 361 | - | the results of these evaluations to the Governor and the | |
| 362 | - | General Assembly by September 30th of each year. The reports | |
| 363 | - | shall include data relating to the recidivism rate among | |
| 364 | - | program participants. | |
| 365 | - | Availability of these programs shall be subject to the | |
| 366 | - | limits of fiscal resources appropriated by the General | |
| 172 | + | ||
| 173 | + | HB3026 Enrolled - 5 - LRB103 28518 RLC 54899 b | |
| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | Assembly for these purposes. Eligible inmates who are denied | |
| 370 | - | immediate admission shall be placed on a waiting list under | |
| 371 | - | criteria established by the Department. The rules and | |
| 372 | - | regulations shall provide that a prisoner who has been placed | |
| 373 | - | on a waiting list but is transferred for non-disciplinary | |
| 374 | - | reasons before beginning a program shall receive priority | |
| 375 | - | placement on the waitlist for appropriate programs at the new | |
| 376 | - | facility. The inability of any inmate to become engaged in any | |
| 377 | - | such programs by reason of insufficient program resources or | |
| 378 | - | for any other reason established under the rules and | |
| 379 | - | regulations of the Department shall not be deemed a cause of | |
| 380 | - | action under which the Department or any employee or agent of | |
| 381 | - | the Department shall be liable for damages to the inmate. The | |
| 382 | - | rules and regulations shall provide that a prisoner who begins | |
| 383 | - | an educational, vocational, substance abuse, work-release | |
| 384 | - | programs or activities in accordance with Article 13 of | |
| 385 | - | Chapter III of this Code, behavior modification program, life | |
| 386 | - | skills course, re-entry planning, or correctional industry | |
| 387 | - | programs but is unable to complete the program due to illness, | |
| 388 | - | disability, transfer, lockdown, or another reason outside of | |
| 389 | - | the prisoner's control shall receive prorated sentence credits | |
| 390 | - | for the days in which the prisoner did participate. | |
| 391 | - | (4.1) Except as provided in paragraph (4.7) of this | |
| 392 | - | subsection (a), the rules and regulations shall also provide | |
| 393 | - | that an additional 90 days of sentence credit shall be awarded | |
| 394 | - | to any prisoner who passes high school equivalency testing | |
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| 177 | + | HB3026 Enrolled - 6 - LRB103 28518 RLC 54899 b | |
| 178 | + | 1 in subparagraph (C) of paragraph (1) of subsection (d) of | |
| 179 | + | 2 Section 11-501 of the Illinois Vehicle Code committed on or | |
| 180 | + | 3 after January 1, 2011 (the effective date of Public Act | |
| 181 | + | 4 96-1230), the rules and regulations shall provide that a | |
| 182 | + | 5 prisoner who is serving a term of imprisonment shall receive | |
| 183 | + | 6 one day of sentence credit for each day of his or her sentence | |
| 184 | + | 7 of imprisonment or recommitment under Section 3-3-9. Each day | |
| 185 | + | 8 of sentence credit shall reduce by one day the prisoner's | |
| 186 | + | 9 period of imprisonment or recommitment under Section 3-3-9. | |
| 187 | + | 10 (2.2) A prisoner serving a term of natural life | |
| 188 | + | 11 imprisonment or a prisoner who has been sentenced to death | |
| 189 | + | 12 shall receive no sentence credit. | |
| 190 | + | 13 (2.3) Except as provided in paragraph (4.7) of this | |
| 191 | + | 14 subsection (a), the rules and regulations on sentence credit | |
| 192 | + | 15 shall provide that a prisoner who is serving a sentence for | |
| 193 | + | 16 aggravated driving under the influence of alcohol, other drug | |
| 194 | + | 17 or drugs, or intoxicating compound or compounds, or any | |
| 195 | + | 18 combination thereof as defined in subparagraph (F) of | |
| 196 | + | 19 paragraph (1) of subsection (d) of Section 11-501 of the | |
| 197 | + | 20 Illinois Vehicle Code, shall receive no more than 4.5 days of | |
| 198 | + | 21 sentence credit for each month of his or her sentence of | |
| 199 | + | 22 imprisonment. | |
| 200 | + | 23 (2.4) Except as provided in paragraph (4.7) of this | |
| 201 | + | 24 subsection (a), the rules and regulations on sentence credit | |
| 202 | + | 25 shall provide with respect to the offenses of aggravated | |
| 203 | + | 26 battery with a machine gun or a firearm equipped with any | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | while the prisoner is committed to the Department of | |
| 398 | - | Corrections. The sentence credit awarded under this paragraph | |
| 399 | - | (4.1) shall be in addition to, and shall not affect, the award | |
| 400 | - | of sentence credit under any other paragraph of this Section, | |
| 401 | - | but shall also be pursuant to the guidelines and restrictions | |
| 402 | - | set forth in paragraph (4) of subsection (a) of this Section. | |
| 403 | - | The sentence credit provided for in this paragraph shall be | |
| 404 | - | available only to those prisoners who have not previously | |
| 405 | - | earned a high school diploma or a State of Illinois High School | |
| 406 | - | Diploma. If, after an award of the high school equivalency | |
| 407 | - | testing sentence credit has been made, the Department | |
| 408 | - | determines that the prisoner was not eligible, then the award | |
| 409 | - | shall be revoked. The Department may also award 90 days of | |
| 410 | - | sentence credit to any committed person who passed high school | |
| 411 | - | equivalency testing while he or she was held in pre-trial | |
| 412 | - | detention prior to the current commitment to the Department of | |
| 413 | - | Corrections. Except as provided in paragraph (4.7) of this | |
| 414 | - | subsection (a), the rules and regulations shall provide that | |
| 415 | - | an additional 120 days of sentence credit shall be awarded to | |
| 416 | - | any prisoner who obtains an associate degree while the | |
| 417 | - | prisoner is committed to the Department of Corrections, | |
| 418 | - | regardless of the date that the associate degree was obtained, | |
| 419 | - | including if prior to July 1, 2021 (the effective date of | |
| 420 | - | Public Act 101-652). The sentence credit awarded under this | |
| 421 | - | paragraph (4.1) shall be in addition to, and shall not affect, | |
| 422 | - | the award of sentence credit under any other paragraph of this | |
| 423 | 206 | ||
| 424 | 207 | ||
| 425 | - | Section, but shall also be under the guidelines and | |
| 426 | - | restrictions set forth in paragraph (4) of subsection (a) of | |
| 427 | - | this Section. The sentence credit provided for in this | |
| 428 | - | paragraph (4.1) shall be available only to those prisoners who | |
| 429 | - | have not previously earned an associate degree prior to the | |
| 430 | - | current commitment to the Department of Corrections. If, after | |
| 431 | - | an award of the associate degree sentence credit has been made | |
| 432 | - | and the Department determines that the prisoner was not | |
| 433 | - | eligible, then the award shall be revoked. The Department may | |
| 434 | - | also award 120 days of sentence credit to any committed person | |
| 435 | - | who earned an associate degree while he or she was held in | |
| 436 | - | pre-trial detention prior to the current commitment to the | |
| 437 | - | Department of Corrections. | |
| 438 | - | Except as provided in paragraph (4.7) of this subsection | |
| 439 | - | (a), the rules and regulations shall provide that an | |
| 440 | - | additional 180 days of sentence credit shall be awarded to any | |
| 441 | - | prisoner who obtains a bachelor's degree while the prisoner is | |
| 442 | - | committed to the Department of Corrections. The sentence | |
| 443 | - | credit awarded under this paragraph (4.1) shall be in addition | |
| 444 | - | to, and shall not affect, the award of sentence credit under | |
| 445 | - | any other paragraph of this Section, but shall also be under | |
| 446 | - | the guidelines and restrictions set forth in paragraph (4) of | |
| 447 | - | this subsection (a). The sentence credit provided for in this | |
| 448 | - | paragraph shall be available only to those prisoners who have | |
| 449 | - | not earned a bachelor's degree prior to the current commitment | |
| 450 | - | to the Department of Corrections. If, after an award of the | |
| 208 | + | ||
| 209 | + | HB3026 Enrolled - 6 - LRB103 28518 RLC 54899 b | |
| 451 | 210 | ||
| 452 | 211 | ||
| 453 | - | bachelor's degree sentence credit has been made, the | |
| 454 | - | Department determines that the prisoner was not eligible, then | |
| 455 | - | the award shall be revoked. The Department may also award 180 | |
| 456 | - | days of sentence credit to any committed person who earned a | |
| 457 | - | bachelor's degree while he or she was held in pre-trial | |
| 458 | - | detention prior to the current commitment to the Department of | |
| 459 | - | Corrections. | |
| 460 | - | Except as provided in paragraph (4.7) of this subsection | |
| 461 | - | (a), the rules and regulations shall provide that an | |
| 462 | - | additional 180 days of sentence credit shall be awarded to any | |
| 463 | - | prisoner who obtains a master's or professional degree while | |
| 464 | - | the prisoner is committed to the Department of Corrections. | |
| 465 | - | The sentence credit awarded under this paragraph (4.1) shall | |
| 466 | - | be in addition to, and shall not affect, the award of sentence | |
| 467 | - | credit under any other paragraph of this Section, but shall | |
| 468 | - | also be under the guidelines and restrictions set forth in | |
| 469 | - | paragraph (4) of this subsection (a). The sentence credit | |
| 470 | - | provided for in this paragraph shall be available only to | |
| 471 | - | those prisoners who have not previously earned a master's or | |
| 472 | - | professional degree prior to the current commitment to the | |
| 473 | - | Department of Corrections. If, after an award of the master's | |
| 474 | - | or professional degree sentence credit has been made, the | |
| 475 | - | Department determines that the prisoner was not eligible, then | |
| 476 | - | the award shall be revoked. The Department may also award 180 | |
| 477 | - | days of sentence credit to any committed person who earned a | |
| 478 | - | master's or professional degree while he or she was held in | |
| 212 | + | HB3026 Enrolled- 7 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 7 - LRB103 28518 RLC 54899 b | |
| 213 | + | HB3026 Enrolled - 7 - LRB103 28518 RLC 54899 b | |
| 214 | + | 1 device or attachment designed or used for silencing the report | |
| 215 | + | 2 of a firearm or aggravated discharge of a machine gun or a | |
| 216 | + | 3 firearm equipped with any device or attachment designed or | |
| 217 | + | 4 used for silencing the report of a firearm, committed on or | |
| 218 | + | 5 after July 15, 1999 (the effective date of Public Act 91-121), | |
| 219 | + | 6 that a prisoner serving a sentence for any of these offenses | |
| 220 | + | 7 shall receive no more than 4.5 days of sentence credit for each | |
| 221 | + | 8 month of his or her sentence of imprisonment. | |
| 222 | + | 9 (2.5) Except as provided in paragraph (4.7) of this | |
| 223 | + | 10 subsection (a), the rules and regulations on sentence credit | |
| 224 | + | 11 shall provide that a prisoner who is serving a sentence for | |
| 225 | + | 12 aggravated arson committed on or after July 27, 2001 (the | |
| 226 | + | 13 effective date of Public Act 92-176) shall receive no more | |
| 227 | + | 14 than 4.5 days of sentence credit for each month of his or her | |
| 228 | + | 15 sentence of imprisonment. | |
| 229 | + | 16 (2.6) Except as provided in paragraph (4.7) of this | |
| 230 | + | 17 subsection (a), the rules and regulations on sentence credit | |
| 231 | + | 18 shall provide that a prisoner who is serving a sentence for | |
| 232 | + | 19 aggravated driving under the influence of alcohol, other drug | |
| 233 | + | 20 or drugs, or intoxicating compound or compounds or any | |
| 234 | + | 21 combination thereof as defined in subparagraph (C) of | |
| 235 | + | 22 paragraph (1) of subsection (d) of Section 11-501 of the | |
| 236 | + | 23 Illinois Vehicle Code committed on or after January 1, 2011 | |
| 237 | + | 24 (the effective date of Public Act 96-1230) shall receive no | |
| 238 | + | 25 more than 4.5 days of sentence credit for each month of his or | |
| 239 | + | 26 her sentence of imprisonment. | |
| 479 | 240 | ||
| 480 | 241 | ||
| 481 | - | pre-trial detention prior to the current commitment to the | |
| 482 | - | Department of Corrections. | |
| 483 | - | (4.2)(A) The rules and regulations shall also provide that | |
| 484 | - | any prisoner engaged in self-improvement programs, volunteer | |
| 485 | - | work, or work assignments that are not otherwise eligible | |
| 486 | - | activities under paragraph (4), shall receive up to 0.5 days | |
| 487 | - | of sentence credit for each day in which the prisoner is | |
| 488 | - | engaged in activities described in this paragraph. | |
| 489 | - | (B) The rules and regulations shall provide for the award | |
| 490 | - | of sentence credit under this paragraph (4.2) for qualifying | |
| 491 | - | days of engagement in eligible activities occurring prior to | |
| 492 | - | July 1, 2021 (the effective date of Public Act 101-652). | |
| 493 | - | (4.5) The rules and regulations on sentence credit shall | |
| 494 | - | also provide that when the court's sentencing order recommends | |
| 495 | - | a prisoner for substance abuse treatment and the crime was | |
| 496 | - | committed on or after September 1, 2003 (the effective date of | |
| 497 | - | Public Act 93-354), the prisoner shall receive no sentence | |
| 498 | - | credit awarded under clause (3) of this subsection (a) unless | |
| 499 | - | he or she participates in and completes a substance abuse | |
| 500 | - | treatment program. The Director of Corrections may waive the | |
| 501 | - | requirement to participate in or complete a substance abuse | |
| 502 | - | treatment program in specific instances if the prisoner is not | |
| 503 | - | a good candidate for a substance abuse treatment program for | |
| 504 | - | medical, programming, or operational reasons. Availability of | |
| 505 | - | substance abuse treatment shall be subject to the limits of | |
| 506 | - | fiscal resources appropriated by the General Assembly for | |
| 507 | 242 | ||
| 508 | 243 | ||
| 509 | - | these purposes. If treatment is not available and the | |
| 510 | - | requirement to participate and complete the treatment has not | |
| 511 | - | been waived by the Director, the prisoner shall be placed on a | |
| 512 | - | waiting list under criteria established by the Department. The | |
| 513 | - | Director may allow a prisoner placed on a waiting list to | |
| 514 | - | participate in and complete a substance abuse education class | |
| 515 | - | or attend substance abuse self-help meetings in lieu of a | |
| 516 | - | substance abuse treatment program. A prisoner on a waiting | |
| 517 | - | list who is not placed in a substance abuse program prior to | |
| 518 | - | release may be eligible for a waiver and receive sentence | |
| 519 | - | credit under clause (3) of this subsection (a) at the | |
| 520 | - | discretion of the Director. | |
| 521 | - | (4.6) The rules and regulations on sentence credit shall | |
| 522 | - | also provide that a prisoner who has been convicted of a sex | |
| 523 | - | offense as defined in Section 2 of the Sex Offender | |
| 524 | - | Registration Act shall receive no sentence credit unless he or | |
| 525 | - | she either has successfully completed or is participating in | |
| 526 | - | sex offender treatment as defined by the Sex Offender | |
| 527 | - | Management Board. However, prisoners who are waiting to | |
| 528 | - | receive treatment, but who are unable to do so due solely to | |
| 529 | - | the lack of resources on the part of the Department, may, at | |
| 530 | - | either Director's sole discretion, be awarded sentence credit | |
| 531 | - | at a rate as the Director shall determine. | |
| 532 | - | (4.7) On or after January 1, 2018 (the effective date of | |
| 533 | - | Public Act 100-3), sentence credit under paragraph (3), (4), | |
| 534 | - | or (4.1) of this subsection (a) may be awarded to a prisoner | |
| 244 | + | ||
| 245 | + | HB3026 Enrolled - 7 - LRB103 28518 RLC 54899 b | |
| 535 | 246 | ||
| 536 | 247 | ||
| 537 | - | who is serving a sentence for an offense described in | |
| 538 | - | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | |
| 539 | - | on or after January 1, 2018 (the effective date of Public Act | |
| 540 | - | 100-3); provided, the award of the credits under this | |
| 541 | - | paragraph (4.7) shall not reduce the sentence of the prisoner | |
| 542 | - | to less than the following amounts: | |
| 543 | - | (i) 85% of his or her sentence if the prisoner is | |
| 544 | - | required to serve 85% of his or her sentence; or | |
| 545 | - | (ii) 60% of his or her sentence if the prisoner is | |
| 546 | - | required to serve 75% of his or her sentence, except if the | |
| 547 | - | prisoner is serving a sentence for gunrunning his or her | |
| 548 | - | sentence shall not be reduced to less than 75%. | |
| 549 | - | (iii) 100% of his or her sentence if the prisoner is | |
| 550 | - | required to serve 100% of his or her sentence. | |
| 551 | - | (5) Whenever the Department is to release any inmate | |
| 552 | - | earlier than it otherwise would because of a grant of earned | |
| 553 | - | sentence credit under paragraph (3) of subsection (a) of this | |
| 554 | - | Section given at any time during the term, the Department | |
| 555 | - | shall give reasonable notice of the impending release not less | |
| 556 | - | than 14 days prior to the date of the release to the State's | |
| 557 | - | Attorney of the county where the prosecution of the inmate | |
| 558 | - | took place, and if applicable, the State's Attorney of the | |
| 559 | - | county into which the inmate will be released. The Department | |
| 560 | - | must also make identification information and a recent photo | |
| 561 | - | of the inmate being released accessible on the Internet by | |
| 562 | - | means of a hyperlink labeled "Community Notification of Inmate | |
| 248 | + | HB3026 Enrolled- 8 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 8 - LRB103 28518 RLC 54899 b | |
| 249 | + | HB3026 Enrolled - 8 - LRB103 28518 RLC 54899 b | |
| 250 | + | 1 (3) In addition to the sentence credits earned under | |
| 251 | + | 2 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | |
| 252 | + | 3 subsection (a), the rules and regulations shall also provide | |
| 253 | + | 4 that the Director of Corrections or the Director of Juvenile | |
| 254 | + | 5 Justice may award up to 180 days of earned sentence credit for | |
| 255 | + | 6 prisoners serving a sentence of incarceration of less than 5 | |
| 256 | + | 7 years, and up to 365 days of earned sentence credit for | |
| 257 | + | 8 prisoners serving a sentence of 5 years or longer. The | |
| 258 | + | 9 Director may grant this credit for good conduct in specific | |
| 259 | + | 10 instances as either Director deems proper for eligible persons | |
| 260 | + | 11 in the custody of each Director's respective Department. The | |
| 261 | + | 12 good conduct may include, but is not limited to, compliance | |
| 262 | + | 13 with the rules and regulations of the Department, service to | |
| 263 | + | 14 the Department, service to a community, or service to the | |
| 264 | + | 15 State. | |
| 265 | + | 16 Eligible inmates for an award of earned sentence credit | |
| 266 | + | 17 under this paragraph (3) may be selected to receive the credit | |
| 267 | + | 18 at either Director's or his or her designee's sole discretion. | |
| 268 | + | 19 Eligibility for the additional earned sentence credit under | |
| 269 | + | 20 this paragraph (3) may be based on, but is not limited to, | |
| 270 | + | 21 participation in programming offered by the Department as | |
| 271 | + | 22 appropriate for the prisoner based on the results of any | |
| 272 | + | 23 available risk/needs assessment or other relevant assessments | |
| 273 | + | 24 or evaluations administered by the Department using a | |
| 274 | + | 25 validated instrument, the circumstances of the crime, | |
| 275 | + | 26 demonstrated commitment to rehabilitation by a prisoner with a | |
| 563 | 276 | ||
| 564 | 277 | ||
| 565 | - | Early Release" on the Department's World Wide Web homepage. | |
| 566 | - | The identification information shall include the inmate's: | |
| 567 | - | name, any known alias, date of birth, physical | |
| 568 | - | characteristics, commitment offense, and county where | |
| 569 | - | conviction was imposed. The identification information shall | |
| 570 | - | be placed on the website within 3 days of the inmate's release | |
| 571 | - | and the information may not be removed until either: | |
| 572 | - | completion of the first year of mandatory supervised release | |
| 573 | - | or return of the inmate to custody of the Department. | |
| 574 | - | (b) Whenever a person is or has been committed under | |
| 575 | - | several convictions, with separate sentences, the sentences | |
| 576 | - | shall be construed under Section 5-8-4 in granting and | |
| 577 | - | forfeiting of sentence credit. | |
| 578 | - | (c) (1) The Department shall prescribe rules and | |
| 579 | - | regulations for revoking sentence credit, including revoking | |
| 580 | - | sentence credit awarded under paragraph (3) of subsection (a) | |
| 581 | - | of this Section. The Department shall prescribe rules and | |
| 582 | - | regulations establishing and requiring the use of a sanctions | |
| 583 | - | matrix for revoking sentence credit. The Department shall | |
| 584 | - | prescribe rules and regulations for suspending or reducing the | |
| 585 | - | rate of accumulation of sentence credit for specific rule | |
| 586 | - | violations, during imprisonment. These rules and regulations | |
| 587 | - | shall provide that no inmate may be penalized more than one | |
| 588 | - | year of sentence credit for any one infraction. | |
| 589 | - | (2) When the Department seeks to revoke, suspend, or | |
| 590 | - | reduce the rate of accumulation of any sentence credits for an | |
| 591 | 278 | ||
| 592 | 279 | ||
| 593 | - | alleged infraction of its rules, it shall bring charges | |
| 594 | - | therefor against the prisoner sought to be so deprived of | |
| 595 | - | sentence credits before the Prisoner Review Board as provided | |
| 596 | - | in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | |
| 597 | - | amount of credit at issue exceeds 30 days, whether from one | |
| 598 | - | infraction or cumulatively from multiple infractions arising | |
| 599 | - | out of a single event, or when, during any 12-month period, the | |
| 600 | - | cumulative amount of credit revoked exceeds 30 days except | |
| 601 | - | where the infraction is committed or discovered within 60 days | |
| 602 | - | of scheduled release. In those cases, the Department of | |
| 603 | - | Corrections may revoke up to 30 days of sentence credit. The | |
| 604 | - | Board may subsequently approve the revocation of additional | |
| 605 | - | sentence credit, if the Department seeks to revoke sentence | |
| 606 | - | credit in excess of 30 days. However, the Board shall not be | |
| 607 | - | empowered to review the Department's decision with respect to | |
| 608 | - | the loss of 30 days of sentence credit within any calendar year | |
| 609 | - | for any prisoner or to increase any penalty beyond the length | |
| 610 | - | requested by the Department. | |
| 611 | - | (3) The Director of Corrections or the Director of | |
| 612 | - | Juvenile Justice, in appropriate cases, may restore sentence | |
| 613 | - | credits which have been revoked, suspended, or reduced. The | |
| 614 | - | Department shall prescribe rules and regulations governing the | |
| 615 | - | restoration of sentence credits. These rules and regulations | |
| 616 | - | shall provide for the automatic restoration of sentence | |
| 617 | - | credits following a period in which the prisoner maintains a | |
| 618 | - | record without a disciplinary violation. | |
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| 621 | - | Nothing contained in this Section shall prohibit the | |
| 622 | - | Prisoner Review Board from ordering, pursuant to Section | |
| 623 | - | 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | |
| 624 | - | sentence imposed by the court that was not served due to the | |
| 625 | - | accumulation of sentence credit. | |
| 626 | - | (d) If a lawsuit is filed by a prisoner in an Illinois or | |
| 627 | - | federal court against the State, the Department of | |
| 628 | - | Corrections, or the Prisoner Review Board, or against any of | |
| 629 | - | their officers or employees, and the court makes a specific | |
| 630 | - | finding that a pleading, motion, or other paper filed by the | |
| 631 | - | prisoner is frivolous, the Department of Corrections shall | |
| 632 | - | conduct a hearing to revoke up to 180 days of sentence credit | |
| 633 | - | by bringing charges against the prisoner sought to be deprived | |
| 634 | - | of the sentence credits before the Prisoner Review Board as | |
| 635 | - | provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | |
| 636 | - | If the prisoner has not accumulated 180 days of sentence | |
| 637 | - | credit at the time of the finding, then the Prisoner Review | |
| 638 | - | Board may revoke all sentence credit accumulated by the | |
| 639 | - | prisoner. | |
| 640 | - | For purposes of this subsection (d): | |
| 641 | - | (1) "Frivolous" means that a pleading, motion, or | |
| 642 | - | other filing which purports to be a legal document filed | |
| 643 | - | by a prisoner in his or her lawsuit meets any or all of the | |
| 644 | - | following criteria: | |
| 645 | - | (A) it lacks an arguable basis either in law or in | |
| 646 | - | fact; | |
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| 286 | + | 1 history of conviction for a forcible felony enumerated in | |
| 287 | + | 2 Section 2-8 of the Criminal Code of 2012, the inmate's | |
| 288 | + | 3 behavior and improvements in disciplinary history while | |
| 289 | + | 4 incarcerated, and the inmate's commitment to rehabilitation, | |
| 290 | + | 5 including participation in programming offered by the | |
| 291 | + | 6 Department. | |
| 292 | + | 7 The Director of Corrections or the Director of Juvenile | |
| 293 | + | 8 Justice shall not award sentence credit under this paragraph | |
| 294 | + | 9 (3) to an inmate unless the inmate has served a minimum of 60 | |
| 295 | + | 10 days of the sentence, including time served in a county jail; | |
| 296 | + | 11 except nothing in this paragraph shall be construed to permit | |
| 297 | + | 12 either Director to extend an inmate's sentence beyond that | |
| 298 | + | 13 which was imposed by the court. Prior to awarding credit under | |
| 299 | + | 14 this paragraph (3), each Director shall make a written | |
| 300 | + | 15 determination that the inmate: | |
| 301 | + | 16 (A) is eligible for the earned sentence credit; | |
| 302 | + | 17 (B) has served a minimum of 60 days, or as close to 60 | |
| 303 | + | 18 days as the sentence will allow; | |
| 304 | + | 19 (B-1) has received a risk/needs assessment or other | |
| 305 | + | 20 relevant evaluation or assessment administered by the | |
| 306 | + | 21 Department using a validated instrument; and | |
| 307 | + | 22 (C) has met the eligibility criteria established by | |
| 308 | + | 23 rule for earned sentence credit. | |
| 309 | + | 24 The Director of Corrections or the Director of Juvenile | |
| 310 | + | 25 Justice shall determine the form and content of the written | |
| 311 | + | 26 determination required in this subsection. | |
| 647 | 312 | ||
| 648 | 313 | ||
| 649 | - | (B) it is being presented for any improper | |
| 650 | - | purpose, such as to harass or to cause unnecessary | |
| 651 | - | delay or needless increase in the cost of litigation; | |
| 652 | - | (C) the claims, defenses, and other legal | |
| 653 | - | contentions therein are not warranted by existing law | |
| 654 | - | or by a nonfrivolous argument for the extension, | |
| 655 | - | modification, or reversal of existing law or the | |
| 656 | - | establishment of new law; | |
| 657 | - | (D) the allegations and other factual contentions | |
| 658 | - | do not have evidentiary support or, if specifically so | |
| 659 | - | identified, are not likely to have evidentiary support | |
| 660 | - | after a reasonable opportunity for further | |
| 661 | - | investigation or discovery; or | |
| 662 | - | (E) the denials of factual contentions are not | |
| 663 | - | warranted on the evidence, or if specifically so | |
| 664 | - | identified, are not reasonably based on a lack of | |
| 665 | - | information or belief. | |
| 666 | - | (2) "Lawsuit" means a motion pursuant to Section 116-3 | |
| 667 | - | of the Code of Criminal Procedure of 1963, a habeas corpus | |
| 668 | - | action under Article X of the Code of Civil Procedure or | |
| 669 | - | under federal law (28 U.S.C. 2254), a petition for claim | |
| 670 | - | under the Court of Claims Act, an action under the federal | |
| 671 | - | Civil Rights Act (42 U.S.C. 1983), or a second or | |
| 672 | - | subsequent petition for post-conviction relief under | |
| 673 | - | Article 122 of the Code of Criminal Procedure of 1963 | |
| 674 | - | whether filed with or without leave of court or a second or | |
| 675 | 314 | ||
| 676 | 315 | ||
| 677 | - | subsequent petition for relief from judgment under Section | |
| 678 | - | 2-1401 of the Code of Civil Procedure. | |
| 679 | - | (e) Nothing in Public Act 90-592 or 90-593 affects the | |
| 680 | - | validity of Public Act 89-404. | |
| 681 | - | (f) Whenever the Department is to release any inmate who | |
| 682 | - | has been convicted of a violation of an order of protection | |
| 683 | - | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | |
| 684 | - | the Criminal Code of 2012, earlier than it otherwise would | |
| 685 | - | because of a grant of sentence credit, the Department, as a | |
| 686 | - | condition of release, shall require that the person, upon | |
| 687 | - | release, be placed under electronic surveillance as provided | |
| 688 | - | in Section 5-8A-7 of this Code. | |
| 689 | - | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | |
| 690 | - | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | |
| 691 | - | 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.) | |
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| 322 | + | 1 (3.5) The Department shall provide annual written reports | |
| 323 | + | 2 to the Governor and the General Assembly on the award of earned | |
| 324 | + | 3 sentence credit no later than February 1 of each year. The | |
| 325 | + | 4 Department must publish both reports on its website within 48 | |
| 326 | + | 5 hours of transmitting the reports to the Governor and the | |
| 327 | + | 6 General Assembly. The reports must include: | |
| 328 | + | 7 (A) the number of inmates awarded earned sentence | |
| 329 | + | 8 credit; | |
| 330 | + | 9 (B) the average amount of earned sentence credit | |
| 331 | + | 10 awarded; | |
| 332 | + | 11 (C) the holding offenses of inmates awarded earned | |
| 333 | + | 12 sentence credit; and | |
| 334 | + | 13 (D) the number of earned sentence credit revocations. | |
| 335 | + | 14 (4)(A) Except as provided in paragraph (4.7) of this | |
| 336 | + | 15 subsection (a), the rules and regulations shall also provide | |
| 337 | + | 16 that any prisoner who is engaged full-time in substance abuse | |
| 338 | + | 17 programs, correctional industry assignments, educational | |
| 339 | + | 18 programs, work-release programs or activities in accordance | |
| 340 | + | 19 with Article 13 of Chapter III of this Code, behavior | |
| 341 | + | 20 modification programs, life skills courses, or re-entry | |
| 342 | + | 21 planning provided by the Department under this paragraph (4) | |
| 343 | + | 22 and satisfactorily completes the assigned program as | |
| 344 | + | 23 determined by the standards of the Department, shall receive | |
| 345 | + | 24 one day of sentence credit for each day in which that prisoner | |
| 346 | + | 25 is engaged in the activities described in this paragraph. The | |
| 347 | + | 26 rules and regulations shall also provide that sentence credit | |
| 348 | + | ||
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| 358 | + | 1 may be provided to an inmate who was held in pre-trial | |
| 359 | + | 2 detention prior to his or her current commitment to the | |
| 360 | + | 3 Department of Corrections and successfully completed a | |
| 361 | + | 4 full-time, 60-day or longer substance abuse program, | |
| 362 | + | 5 educational program, behavior modification program, life | |
| 363 | + | 6 skills course, or re-entry planning provided by the county | |
| 364 | + | 7 department of corrections or county jail. Calculation of this | |
| 365 | + | 8 county program credit shall be done at sentencing as provided | |
| 366 | + | 9 in Section 5-4.5-100 of this Code and shall be included in the | |
| 367 | + | 10 sentencing order. The rules and regulations shall also provide | |
| 368 | + | 11 that sentence credit may be provided to an inmate who is in | |
| 369 | + | 12 compliance with programming requirements in an adult | |
| 370 | + | 13 transition center. | |
| 371 | + | 14 (B) The Department shall award sentence credit under this | |
| 372 | + | 15 paragraph (4) accumulated prior to January 1, 2020 (the | |
| 373 | + | 16 effective date of Public Act 101-440) in an amount specified | |
| 374 | + | 17 in subparagraph (C) of this paragraph (4) to an inmate serving | |
| 375 | + | 18 a sentence for an offense committed prior to June 19, 1998, if | |
| 376 | + | 19 the Department determines that the inmate is entitled to this | |
| 377 | + | 20 sentence credit, based upon: | |
| 378 | + | 21 (i) documentation provided by the Department that the | |
| 379 | + | 22 inmate engaged in any full-time substance abuse programs, | |
| 380 | + | 23 correctional industry assignments, educational programs, | |
| 381 | + | 24 behavior modification programs, life skills courses, or | |
| 382 | + | 25 re-entry planning provided by the Department under this | |
| 383 | + | 26 paragraph (4) and satisfactorily completed the assigned | |
| 384 | + | ||
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| 394 | + | 1 program as determined by the standards of the Department | |
| 395 | + | 2 during the inmate's current term of incarceration; or | |
| 396 | + | 3 (ii) the inmate's own testimony in the form of an | |
| 397 | + | 4 affidavit or documentation, or a third party's | |
| 398 | + | 5 documentation or testimony in the form of an affidavit | |
| 399 | + | 6 that the inmate likely engaged in any full-time substance | |
| 400 | + | 7 abuse programs, correctional industry assignments, | |
| 401 | + | 8 educational programs, behavior modification programs, life | |
| 402 | + | 9 skills courses, or re-entry planning provided by the | |
| 403 | + | 10 Department under paragraph (4) and satisfactorily | |
| 404 | + | 11 completed the assigned program as determined by the | |
| 405 | + | 12 standards of the Department during the inmate's current | |
| 406 | + | 13 term of incarceration. | |
| 407 | + | 14 (C) If the inmate can provide documentation that he or she | |
| 408 | + | 15 is entitled to sentence credit under subparagraph (B) in | |
| 409 | + | 16 excess of 45 days of participation in those programs, the | |
| 410 | + | 17 inmate shall receive 90 days of sentence credit. If the inmate | |
| 411 | + | 18 cannot provide documentation of more than 45 days of | |
| 412 | + | 19 participation in those programs, the inmate shall receive 45 | |
| 413 | + | 20 days of sentence credit. In the event of a disagreement | |
| 414 | + | 21 between the Department and the inmate as to the amount of | |
| 415 | + | 22 credit accumulated under subparagraph (B), if the Department | |
| 416 | + | 23 provides documented proof of a lesser amount of days of | |
| 417 | + | 24 participation in those programs, that proof shall control. If | |
| 418 | + | 25 the Department provides no documentary proof, the inmate's | |
| 419 | + | 26 proof as set forth in clause (ii) of subparagraph (B) shall | |
| 420 | + | ||
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| 430 | + | 1 control as to the amount of sentence credit provided. | |
| 431 | + | 2 (D) If the inmate has been convicted of a sex offense as | |
| 432 | + | 3 defined in Section 2 of the Sex Offender Registration Act, | |
| 433 | + | 4 sentencing credits under subparagraph (B) of this paragraph | |
| 434 | + | 5 (4) shall be awarded by the Department only if the conditions | |
| 435 | + | 6 set forth in paragraph (4.6) of subsection (a) are satisfied. | |
| 436 | + | 7 No inmate serving a term of natural life imprisonment shall | |
| 437 | + | 8 receive sentence credit under subparagraph (B) of this | |
| 438 | + | 9 paragraph (4). | |
| 439 | + | 10 (E) The rules and regulations shall provide for the | |
| 440 | + | 11 recalculation of program credits awarded pursuant to this | |
| 441 | + | 12 paragraph (4) prior to July 1, 2021 (the effective date of | |
| 442 | + | 13 Public Act 101-652) at the rate set for such credits on and | |
| 443 | + | 14 after July 1, 2021. | |
| 444 | + | 15 Educational, vocational, substance abuse, behavior | |
| 445 | + | 16 modification programs, life skills courses, re-entry planning, | |
| 446 | + | 17 and correctional industry programs under which sentence credit | |
| 447 | + | 18 may be earned under this paragraph (4) and paragraph (4.1) of | |
| 448 | + | 19 this subsection (a) shall be evaluated by the Department on | |
| 449 | + | 20 the basis of documented standards. The Department shall report | |
| 450 | + | 21 the results of these evaluations to the Governor and the | |
| 451 | + | 22 General Assembly by September 30th of each year. The reports | |
| 452 | + | 23 shall include data relating to the recidivism rate among | |
| 453 | + | 24 program participants. | |
| 454 | + | 25 Availability of these programs shall be subject to the | |
| 455 | + | 26 limits of fiscal resources appropriated by the General | |
| 456 | + | ||
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| 466 | + | 1 Assembly for these purposes. Eligible inmates who are denied | |
| 467 | + | 2 immediate admission shall be placed on a waiting list under | |
| 468 | + | 3 criteria established by the Department. The rules and | |
| 469 | + | 4 regulations shall provide that a prisoner who has been placed | |
| 470 | + | 5 on a waiting list but is transferred for non-disciplinary | |
| 471 | + | 6 reasons before beginning a program shall receive priority | |
| 472 | + | 7 placement on the waitlist for appropriate programs at the new | |
| 473 | + | 8 facility. The inability of any inmate to become engaged in any | |
| 474 | + | 9 such programs by reason of insufficient program resources or | |
| 475 | + | 10 for any other reason established under the rules and | |
| 476 | + | 11 regulations of the Department shall not be deemed a cause of | |
| 477 | + | 12 action under which the Department or any employee or agent of | |
| 478 | + | 13 the Department shall be liable for damages to the inmate. The | |
| 479 | + | 14 rules and regulations shall provide that a prisoner who begins | |
| 480 | + | 15 an educational, vocational, substance abuse, work-release | |
| 481 | + | 16 programs or activities in accordance with Article 13 of | |
| 482 | + | 17 Chapter III of this Code, behavior modification program, life | |
| 483 | + | 18 skills course, re-entry planning, or correctional industry | |
| 484 | + | 19 programs but is unable to complete the program due to illness, | |
| 485 | + | 20 disability, transfer, lockdown, or another reason outside of | |
| 486 | + | 21 the prisoner's control shall receive prorated sentence credits | |
| 487 | + | 22 for the days in which the prisoner did participate. | |
| 488 | + | 23 (4.1) Except as provided in paragraph (4.7) of this | |
| 489 | + | 24 subsection (a), the rules and regulations shall also provide | |
| 490 | + | 25 that an additional 90 days of sentence credit shall be awarded | |
| 491 | + | 26 to any prisoner who passes high school equivalency testing | |
| 492 | + | ||
| 493 | + | ||
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| 502 | + | 1 while the prisoner is committed to the Department of | |
| 503 | + | 2 Corrections. The sentence credit awarded under this paragraph | |
| 504 | + | 3 (4.1) shall be in addition to, and shall not affect, the award | |
| 505 | + | 4 of sentence credit under any other paragraph of this Section, | |
| 506 | + | 5 but shall also be pursuant to the guidelines and restrictions | |
| 507 | + | 6 set forth in paragraph (4) of subsection (a) of this Section. | |
| 508 | + | 7 The sentence credit provided for in this paragraph shall be | |
| 509 | + | 8 available only to those prisoners who have not previously | |
| 510 | + | 9 earned a high school diploma or a State of Illinois High School | |
| 511 | + | 10 Diploma. If, after an award of the high school equivalency | |
| 512 | + | 11 testing sentence credit has been made, the Department | |
| 513 | + | 12 determines that the prisoner was not eligible, then the award | |
| 514 | + | 13 shall be revoked. The Department may also award 90 days of | |
| 515 | + | 14 sentence credit to any committed person who passed high school | |
| 516 | + | 15 equivalency testing while he or she was held in pre-trial | |
| 517 | + | 16 detention prior to the current commitment to the Department of | |
| 518 | + | 17 Corrections. Except as provided in paragraph (4.7) of this | |
| 519 | + | 18 subsection (a), the rules and regulations shall provide that | |
| 520 | + | 19 an additional 120 days of sentence credit shall be awarded to | |
| 521 | + | 20 any prisoner who obtains an associate degree while the | |
| 522 | + | 21 prisoner is committed to the Department of Corrections, | |
| 523 | + | 22 regardless of the date that the associate degree was obtained, | |
| 524 | + | 23 including if prior to July 1, 2021 (the effective date of | |
| 525 | + | 24 Public Act 101-652). The sentence credit awarded under this | |
| 526 | + | 25 paragraph (4.1) shall be in addition to, and shall not affect, | |
| 527 | + | 26 the award of sentence credit under any other paragraph of this | |
| 528 | + | ||
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| 538 | + | 1 Section, but shall also be under the guidelines and | |
| 539 | + | 2 restrictions set forth in paragraph (4) of subsection (a) of | |
| 540 | + | 3 this Section. The sentence credit provided for in this | |
| 541 | + | 4 paragraph (4.1) shall be available only to those prisoners who | |
| 542 | + | 5 have not previously earned an associate degree prior to the | |
| 543 | + | 6 current commitment to the Department of Corrections. If, after | |
| 544 | + | 7 an award of the associate degree sentence credit has been made | |
| 545 | + | 8 and the Department determines that the prisoner was not | |
| 546 | + | 9 eligible, then the award shall be revoked. The Department may | |
| 547 | + | 10 also award 120 days of sentence credit to any committed person | |
| 548 | + | 11 who earned an associate degree while he or she was held in | |
| 549 | + | 12 pre-trial detention prior to the current commitment to the | |
| 550 | + | 13 Department of Corrections. | |
| 551 | + | 14 Except as provided in paragraph (4.7) of this subsection | |
| 552 | + | 15 (a), the rules and regulations shall provide that an | |
| 553 | + | 16 additional 180 days of sentence credit shall be awarded to any | |
| 554 | + | 17 prisoner who obtains a bachelor's degree while the prisoner is | |
| 555 | + | 18 committed to the Department of Corrections. The sentence | |
| 556 | + | 19 credit awarded under this paragraph (4.1) shall be in addition | |
| 557 | + | 20 to, and shall not affect, the award of sentence credit under | |
| 558 | + | 21 any other paragraph of this Section, but shall also be under | |
| 559 | + | 22 the guidelines and restrictions set forth in paragraph (4) of | |
| 560 | + | 23 this subsection (a). The sentence credit provided for in this | |
| 561 | + | 24 paragraph shall be available only to those prisoners who have | |
| 562 | + | 25 not earned a bachelor's degree prior to the current commitment | |
| 563 | + | 26 to the Department of Corrections. If, after an award of the | |
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| 573 | + | HB3026 Enrolled - 17 - LRB103 28518 RLC 54899 b | |
| 574 | + | 1 bachelor's degree sentence credit has been made, the | |
| 575 | + | 2 Department determines that the prisoner was not eligible, then | |
| 576 | + | 3 the award shall be revoked. The Department may also award 180 | |
| 577 | + | 4 days of sentence credit to any committed person who earned a | |
| 578 | + | 5 bachelor's degree while he or she was held in pre-trial | |
| 579 | + | 6 detention prior to the current commitment to the Department of | |
| 580 | + | 7 Corrections. | |
| 581 | + | 8 Except as provided in paragraph (4.7) of this subsection | |
| 582 | + | 9 (a), the rules and regulations shall provide that an | |
| 583 | + | 10 additional 180 days of sentence credit shall be awarded to any | |
| 584 | + | 11 prisoner who obtains a master's or professional degree while | |
| 585 | + | 12 the prisoner is committed to the Department of Corrections. | |
| 586 | + | 13 The sentence credit awarded under this paragraph (4.1) shall | |
| 587 | + | 14 be in addition to, and shall not affect, the award of sentence | |
| 588 | + | 15 credit under any other paragraph of this Section, but shall | |
| 589 | + | 16 also be under the guidelines and restrictions set forth in | |
| 590 | + | 17 paragraph (4) of this subsection (a). The sentence credit | |
| 591 | + | 18 provided for in this paragraph shall be available only to | |
| 592 | + | 19 those prisoners who have not previously earned a master's or | |
| 593 | + | 20 professional degree prior to the current commitment to the | |
| 594 | + | 21 Department of Corrections. If, after an award of the master's | |
| 595 | + | 22 or professional degree sentence credit has been made, the | |
| 596 | + | 23 Department determines that the prisoner was not eligible, then | |
| 597 | + | 24 the award shall be revoked. The Department may also award 180 | |
| 598 | + | 25 days of sentence credit to any committed person who earned a | |
| 599 | + | 26 master's or professional degree while he or she was held in | |
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | HB3026 Enrolled - 17 - LRB103 28518 RLC 54899 b | |
| 606 | + | ||
| 607 | + | ||
| 608 | + | HB3026 Enrolled- 18 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 18 - LRB103 28518 RLC 54899 b | |
| 609 | + | HB3026 Enrolled - 18 - LRB103 28518 RLC 54899 b | |
| 610 | + | 1 pre-trial detention prior to the current commitment to the | |
| 611 | + | 2 Department of Corrections. | |
| 612 | + | 3 (4.2)(A) The rules and regulations shall also provide that | |
| 613 | + | 4 any prisoner engaged in self-improvement programs, volunteer | |
| 614 | + | 5 work, or work assignments that are not otherwise eligible | |
| 615 | + | 6 activities under paragraph (4), shall receive up to 0.5 days | |
| 616 | + | 7 of sentence credit for each day in which the prisoner is | |
| 617 | + | 8 engaged in activities described in this paragraph. | |
| 618 | + | 9 (B) The rules and regulations shall provide for the award | |
| 619 | + | 10 of sentence credit under this paragraph (4.2) for qualifying | |
| 620 | + | 11 days of engagement in eligible activities occurring prior to | |
| 621 | + | 12 July 1, 2021 (the effective date of Public Act 101-652). | |
| 622 | + | 13 (4.5) The rules and regulations on sentence credit shall | |
| 623 | + | 14 also provide that when the court's sentencing order recommends | |
| 624 | + | 15 a prisoner for substance abuse treatment and the crime was | |
| 625 | + | 16 committed on or after September 1, 2003 (the effective date of | |
| 626 | + | 17 Public Act 93-354), the prisoner shall receive no sentence | |
| 627 | + | 18 credit awarded under clause (3) of this subsection (a) unless | |
| 628 | + | 19 he or she participates in and completes a substance abuse | |
| 629 | + | 20 treatment program. The Director of Corrections may waive the | |
| 630 | + | 21 requirement to participate in or complete a substance abuse | |
| 631 | + | 22 treatment program in specific instances if the prisoner is not | |
| 632 | + | 23 a good candidate for a substance abuse treatment program for | |
| 633 | + | 24 medical, programming, or operational reasons. Availability of | |
| 634 | + | 25 substance abuse treatment shall be subject to the limits of | |
| 635 | + | 26 fiscal resources appropriated by the General Assembly for | |
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | ||
| 640 | + | ||
| 641 | + | HB3026 Enrolled - 18 - LRB103 28518 RLC 54899 b | |
| 642 | + | ||
| 643 | + | ||
| 644 | + | HB3026 Enrolled- 19 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 19 - LRB103 28518 RLC 54899 b | |
| 645 | + | HB3026 Enrolled - 19 - LRB103 28518 RLC 54899 b | |
| 646 | + | 1 these purposes. If treatment is not available and the | |
| 647 | + | 2 requirement to participate and complete the treatment has not | |
| 648 | + | 3 been waived by the Director, the prisoner shall be placed on a | |
| 649 | + | 4 waiting list under criteria established by the Department. The | |
| 650 | + | 5 Director may allow a prisoner placed on a waiting list to | |
| 651 | + | 6 participate in and complete a substance abuse education class | |
| 652 | + | 7 or attend substance abuse self-help meetings in lieu of a | |
| 653 | + | 8 substance abuse treatment program. A prisoner on a waiting | |
| 654 | + | 9 list who is not placed in a substance abuse program prior to | |
| 655 | + | 10 release may be eligible for a waiver and receive sentence | |
| 656 | + | 11 credit under clause (3) of this subsection (a) at the | |
| 657 | + | 12 discretion of the Director. | |
| 658 | + | 13 (4.6) The rules and regulations on sentence credit shall | |
| 659 | + | 14 also provide that a prisoner who has been convicted of a sex | |
| 660 | + | 15 offense as defined in Section 2 of the Sex Offender | |
| 661 | + | 16 Registration Act shall receive no sentence credit unless he or | |
| 662 | + | 17 she either has successfully completed or is participating in | |
| 663 | + | 18 sex offender treatment as defined by the Sex Offender | |
| 664 | + | 19 Management Board. However, prisoners who are waiting to | |
| 665 | + | 20 receive treatment, but who are unable to do so due solely to | |
| 666 | + | 21 the lack of resources on the part of the Department, may, at | |
| 667 | + | 22 either Director's sole discretion, be awarded sentence credit | |
| 668 | + | 23 at a rate as the Director shall determine. | |
| 669 | + | 24 (4.7) On or after January 1, 2018 (the effective date of | |
| 670 | + | 25 Public Act 100-3), sentence credit under paragraph (3), (4), | |
| 671 | + | 26 or (4.1) of this subsection (a) may be awarded to a prisoner | |
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | ||
| 676 | + | ||
| 677 | + | HB3026 Enrolled - 19 - LRB103 28518 RLC 54899 b | |
| 678 | + | ||
| 679 | + | ||
| 680 | + | HB3026 Enrolled- 20 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 20 - LRB103 28518 RLC 54899 b | |
| 681 | + | HB3026 Enrolled - 20 - LRB103 28518 RLC 54899 b | |
| 682 | + | 1 who is serving a sentence for an offense described in | |
| 683 | + | 2 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | |
| 684 | + | 3 on or after January 1, 2018 (the effective date of Public Act | |
| 685 | + | 4 100-3); provided, the award of the credits under this | |
| 686 | + | 5 paragraph (4.7) shall not reduce the sentence of the prisoner | |
| 687 | + | 6 to less than the following amounts: | |
| 688 | + | 7 (i) 85% of his or her sentence if the prisoner is | |
| 689 | + | 8 required to serve 85% of his or her sentence; or | |
| 690 | + | 9 (ii) 60% of his or her sentence if the prisoner is | |
| 691 | + | 10 required to serve 75% of his or her sentence, except if the | |
| 692 | + | 11 prisoner is serving a sentence for gunrunning his or her | |
| 693 | + | 12 sentence shall not be reduced to less than 75%. | |
| 694 | + | 13 (iii) 100% of his or her sentence if the prisoner is | |
| 695 | + | 14 required to serve 100% of his or her sentence. | |
| 696 | + | 15 (5) Whenever the Department is to release any inmate | |
| 697 | + | 16 earlier than it otherwise would because of a grant of earned | |
| 698 | + | 17 sentence credit under paragraph (3) of subsection (a) of this | |
| 699 | + | 18 Section given at any time during the term, the Department | |
| 700 | + | 19 shall give reasonable notice of the impending release not less | |
| 701 | + | 20 than 14 days prior to the date of the release to the State's | |
| 702 | + | 21 Attorney of the county where the prosecution of the inmate | |
| 703 | + | 22 took place, and if applicable, the State's Attorney of the | |
| 704 | + | 23 county into which the inmate will be released. The Department | |
| 705 | + | 24 must also make identification information and a recent photo | |
| 706 | + | 25 of the inmate being released accessible on the Internet by | |
| 707 | + | 26 means of a hyperlink labeled "Community Notification of Inmate | |
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | ||
| 713 | + | HB3026 Enrolled - 20 - LRB103 28518 RLC 54899 b | |
| 714 | + | ||
| 715 | + | ||
| 716 | + | HB3026 Enrolled- 21 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 21 - LRB103 28518 RLC 54899 b | |
| 717 | + | HB3026 Enrolled - 21 - LRB103 28518 RLC 54899 b | |
| 718 | + | 1 Early Release" on the Department's World Wide Web homepage. | |
| 719 | + | 2 The identification information shall include the inmate's: | |
| 720 | + | 3 name, any known alias, date of birth, physical | |
| 721 | + | 4 characteristics, commitment offense, and county where | |
| 722 | + | 5 conviction was imposed. The identification information shall | |
| 723 | + | 6 be placed on the website within 3 days of the inmate's release | |
| 724 | + | 7 and the information may not be removed until either: | |
| 725 | + | 8 completion of the first year of mandatory supervised release | |
| 726 | + | 9 or return of the inmate to custody of the Department. | |
| 727 | + | 10 (b) Whenever a person is or has been committed under | |
| 728 | + | 11 several convictions, with separate sentences, the sentences | |
| 729 | + | 12 shall be construed under Section 5-8-4 in granting and | |
| 730 | + | 13 forfeiting of sentence credit. | |
| 731 | + | 14 (c) (1) The Department shall prescribe rules and | |
| 732 | + | 15 regulations for revoking sentence credit, including revoking | |
| 733 | + | 16 sentence credit awarded under paragraph (3) of subsection (a) | |
| 734 | + | 17 of this Section. The Department shall prescribe rules and | |
| 735 | + | 18 regulations establishing and requiring the use of a sanctions | |
| 736 | + | 19 matrix for revoking sentence credit. The Department shall | |
| 737 | + | 20 prescribe rules and regulations for suspending or reducing the | |
| 738 | + | 21 rate of accumulation of sentence credit for specific rule | |
| 739 | + | 22 violations, during imprisonment. These rules and regulations | |
| 740 | + | 23 shall provide that no inmate may be penalized more than one | |
| 741 | + | 24 year of sentence credit for any one infraction. | |
| 742 | + | 25 (2) When the Department seeks to revoke, suspend, or | |
| 743 | + | 26 reduce the rate of accumulation of any sentence credits for an | |
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | ||
| 748 | + | ||
| 749 | + | HB3026 Enrolled - 21 - LRB103 28518 RLC 54899 b | |
| 750 | + | ||
| 751 | + | ||
| 752 | + | HB3026 Enrolled- 22 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 22 - LRB103 28518 RLC 54899 b | |
| 753 | + | HB3026 Enrolled - 22 - LRB103 28518 RLC 54899 b | |
| 754 | + | 1 alleged infraction of its rules, it shall bring charges | |
| 755 | + | 2 therefor against the prisoner sought to be so deprived of | |
| 756 | + | 3 sentence credits before the Prisoner Review Board as provided | |
| 757 | + | 4 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | |
| 758 | + | 5 amount of credit at issue exceeds 30 days, whether from one | |
| 759 | + | 6 infraction or cumulatively from multiple infractions arising | |
| 760 | + | 7 out of a single event, or when, during any 12-month period, the | |
| 761 | + | 8 cumulative amount of credit revoked exceeds 30 days except | |
| 762 | + | 9 where the infraction is committed or discovered within 60 days | |
| 763 | + | 10 of scheduled release. In those cases, the Department of | |
| 764 | + | 11 Corrections may revoke up to 30 days of sentence credit. The | |
| 765 | + | 12 Board may subsequently approve the revocation of additional | |
| 766 | + | 13 sentence credit, if the Department seeks to revoke sentence | |
| 767 | + | 14 credit in excess of 30 days. However, the Board shall not be | |
| 768 | + | 15 empowered to review the Department's decision with respect to | |
| 769 | + | 16 the loss of 30 days of sentence credit within any calendar year | |
| 770 | + | 17 for any prisoner or to increase any penalty beyond the length | |
| 771 | + | 18 requested by the Department. | |
| 772 | + | 19 (3) The Director of Corrections or the Director of | |
| 773 | + | 20 Juvenile Justice, in appropriate cases, may restore sentence | |
| 774 | + | 21 credits which have been revoked, suspended, or reduced. The | |
| 775 | + | 22 Department shall prescribe rules and regulations governing the | |
| 776 | + | 23 restoration of sentence credits. These rules and regulations | |
| 777 | + | 24 shall provide for the automatic restoration of sentence | |
| 778 | + | 25 credits following a period in which the prisoner maintains a | |
| 779 | + | 26 record without a disciplinary violation. | |
| 780 | + | ||
| 781 | + | ||
| 782 | + | ||
| 783 | + | ||
| 784 | + | ||
| 785 | + | HB3026 Enrolled - 22 - LRB103 28518 RLC 54899 b | |
| 786 | + | ||
| 787 | + | ||
| 788 | + | HB3026 Enrolled- 23 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 23 - LRB103 28518 RLC 54899 b | |
| 789 | + | HB3026 Enrolled - 23 - LRB103 28518 RLC 54899 b | |
| 790 | + | 1 Nothing contained in this Section shall prohibit the | |
| 791 | + | 2 Prisoner Review Board from ordering, pursuant to Section | |
| 792 | + | 3 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | |
| 793 | + | 4 sentence imposed by the court that was not served due to the | |
| 794 | + | 5 accumulation of sentence credit. | |
| 795 | + | 6 (d) If a lawsuit is filed by a prisoner in an Illinois or | |
| 796 | + | 7 federal court against the State, the Department of | |
| 797 | + | 8 Corrections, or the Prisoner Review Board, or against any of | |
| 798 | + | 9 their officers or employees, and the court makes a specific | |
| 799 | + | 10 finding that a pleading, motion, or other paper filed by the | |
| 800 | + | 11 prisoner is frivolous, the Department of Corrections shall | |
| 801 | + | 12 conduct a hearing to revoke up to 180 days of sentence credit | |
| 802 | + | 13 by bringing charges against the prisoner sought to be deprived | |
| 803 | + | 14 of the sentence credits before the Prisoner Review Board as | |
| 804 | + | 15 provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | |
| 805 | + | 16 If the prisoner has not accumulated 180 days of sentence | |
| 806 | + | 17 credit at the time of the finding, then the Prisoner Review | |
| 807 | + | 18 Board may revoke all sentence credit accumulated by the | |
| 808 | + | 19 prisoner. | |
| 809 | + | 20 For purposes of this subsection (d): | |
| 810 | + | 21 (1) "Frivolous" means that a pleading, motion, or | |
| 811 | + | 22 other filing which purports to be a legal document filed | |
| 812 | + | 23 by a prisoner in his or her lawsuit meets any or all of the | |
| 813 | + | 24 following criteria: | |
| 814 | + | 25 (A) it lacks an arguable basis either in law or in | |
| 815 | + | 26 fact; | |
| 816 | + | ||
| 817 | + | ||
| 818 | + | ||
| 819 | + | ||
| 820 | + | ||
| 821 | + | HB3026 Enrolled - 23 - LRB103 28518 RLC 54899 b | |
| 822 | + | ||
| 823 | + | ||
| 824 | + | HB3026 Enrolled- 24 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 24 - LRB103 28518 RLC 54899 b | |
| 825 | + | HB3026 Enrolled - 24 - LRB103 28518 RLC 54899 b | |
| 826 | + | 1 (B) it is being presented for any improper | |
| 827 | + | 2 purpose, such as to harass or to cause unnecessary | |
| 828 | + | 3 delay or needless increase in the cost of litigation; | |
| 829 | + | 4 (C) the claims, defenses, and other legal | |
| 830 | + | 5 contentions therein are not warranted by existing law | |
| 831 | + | 6 or by a nonfrivolous argument for the extension, | |
| 832 | + | 7 modification, or reversal of existing law or the | |
| 833 | + | 8 establishment of new law; | |
| 834 | + | 9 (D) the allegations and other factual contentions | |
| 835 | + | 10 do not have evidentiary support or, if specifically so | |
| 836 | + | 11 identified, are not likely to have evidentiary support | |
| 837 | + | 12 after a reasonable opportunity for further | |
| 838 | + | 13 investigation or discovery; or | |
| 839 | + | 14 (E) the denials of factual contentions are not | |
| 840 | + | 15 warranted on the evidence, or if specifically so | |
| 841 | + | 16 identified, are not reasonably based on a lack of | |
| 842 | + | 17 information or belief. | |
| 843 | + | 18 (2) "Lawsuit" means a motion pursuant to Section 116-3 | |
| 844 | + | 19 of the Code of Criminal Procedure of 1963, a habeas corpus | |
| 845 | + | 20 action under Article X of the Code of Civil Procedure or | |
| 846 | + | 21 under federal law (28 U.S.C. 2254), a petition for claim | |
| 847 | + | 22 under the Court of Claims Act, an action under the federal | |
| 848 | + | 23 Civil Rights Act (42 U.S.C. 1983), or a second or | |
| 849 | + | 24 subsequent petition for post-conviction relief under | |
| 850 | + | 25 Article 122 of the Code of Criminal Procedure of 1963 | |
| 851 | + | 26 whether filed with or without leave of court or a second or | |
| 852 | + | ||
| 853 | + | ||
| 854 | + | ||
| 855 | + | ||
| 856 | + | ||
| 857 | + | HB3026 Enrolled - 24 - LRB103 28518 RLC 54899 b | |
| 858 | + | ||
| 859 | + | ||
| 860 | + | HB3026 Enrolled- 25 -LRB103 28518 RLC 54899 b HB3026 Enrolled - 25 - LRB103 28518 RLC 54899 b | |
| 861 | + | HB3026 Enrolled - 25 - LRB103 28518 RLC 54899 b | |
| 862 | + | 1 subsequent petition for relief from judgment under Section | |
| 863 | + | 2 2-1401 of the Code of Civil Procedure. | |
| 864 | + | 3 (e) Nothing in Public Act 90-592 or 90-593 affects the | |
| 865 | + | 4 validity of Public Act 89-404. | |
| 866 | + | 5 (f) Whenever the Department is to release any inmate who | |
| 867 | + | 6 has been convicted of a violation of an order of protection | |
| 868 | + | 7 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | |
| 869 | + | 8 the Criminal Code of 2012, earlier than it otherwise would | |
| 870 | + | 9 because of a grant of sentence credit, the Department, as a | |
| 871 | + | 10 condition of release, shall require that the person, upon | |
| 872 | + | 11 release, be placed under electronic surveillance as provided | |
| 873 | + | 12 in Section 5-8A-7 of this Code. | |
| 874 | + | 13 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | |
| 875 | + | 14 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | |
| 876 | + | 15 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.) | |
| 877 | + | ||
| 878 | + | ||
| 879 | + | ||
| 880 | + | ||
| 881 | + | ||
| 882 | + | HB3026 Enrolled - 25 - LRB103 28518 RLC 54899 b |