Illinois 2023-2024 Regular Session

Illinois House Bill HB3901 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3901 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Amends the Unified Code of Corrections. Provides that a prisoner who is serving a sentence for first degree murder, other than serving a term of natural life imprisonment, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than serve the entire sentence imposed by the court). Changes certain sentence credits for a prisoner from no more than 4.5 to no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that the Director of Corrections or the Director of Juvenile Justice may award earned sentence credits if the credits do not reduce the sentence by a specified amount (rather than award up to 180 days of earned sentence credit for prisoners serving a sentence or incarcerating of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer). Provides that the Department of Corrections or the Department of Juvenile Justice shall award sentence credit accumulated prior to the effective date of the amendatory Act in an amount specified to an inmate serving a sentence for an offense committed on or after June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit based upon specified documentation. LRB103 28828 RLC 55213 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3901 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Amends the Unified Code of Corrections. Provides that a prisoner who is serving a sentence for first degree murder, other than serving a term of natural life imprisonment, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than serve the entire sentence imposed by the court). Changes certain sentence credits for a prisoner from no more than 4.5 to no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that the Director of Corrections or the Director of Juvenile Justice may award earned sentence credits if the credits do not reduce the sentence by a specified amount (rather than award up to 180 days of earned sentence credit for prisoners serving a sentence or incarcerating of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer). Provides that the Department of Corrections or the Department of Juvenile Justice shall award sentence credit accumulated prior to the effective date of the amendatory Act in an amount specified to an inmate serving a sentence for an offense committed on or after June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit based upon specified documentation. LRB103 28828 RLC 55213 b LRB103 28828 RLC 55213 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3901 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
44 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
55 Amends the Unified Code of Corrections. Provides that a prisoner who is serving a sentence for first degree murder, other than serving a term of natural life imprisonment, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than serve the entire sentence imposed by the court). Changes certain sentence credits for a prisoner from no more than 4.5 to no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that the Director of Corrections or the Director of Juvenile Justice may award earned sentence credits if the credits do not reduce the sentence by a specified amount (rather than award up to 180 days of earned sentence credit for prisoners serving a sentence or incarcerating of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer). Provides that the Department of Corrections or the Department of Juvenile Justice shall award sentence credit accumulated prior to the effective date of the amendatory Act in an amount specified to an inmate serving a sentence for an offense committed on or after June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit based upon specified documentation.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 3-6-3 as follows:
1616 6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
1717 7 Sec. 3-6-3. Rules and regulations for sentence credit.
1818 8 (a)(1) The Department of Corrections shall prescribe rules
1919 9 and regulations for awarding and revoking sentence credit for
2020 10 persons committed to the Department of Corrections and the
2121 11 Department of Juvenile Justice shall prescribe rules and
2222 12 regulations for awarding and revoking sentence credit for
2323 13 persons committed to the Department of Juvenile Justice under
2424 14 Section 5-8-6 of the Unified Code of Corrections, which shall
2525 15 be subject to review by the Prisoner Review Board.
2626 16 (1.5) As otherwise provided by law, sentence credit may be
2727 17 awarded for the following:
2828 18 (A) successful completion of programming while in
2929 19 custody of the Department of Corrections or the Department
3030 20 of Juvenile Justice or while in custody prior to
3131 21 sentencing;
3232 22 (B) compliance with the rules and regulations of the
3333 23 Department; or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3901 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
3939 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
4040 Amends the Unified Code of Corrections. Provides that a prisoner who is serving a sentence for first degree murder, other than serving a term of natural life imprisonment, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment (rather than serve the entire sentence imposed by the court). Changes certain sentence credits for a prisoner from no more than 4.5 to no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that the Director of Corrections or the Director of Juvenile Justice may award earned sentence credits if the credits do not reduce the sentence by a specified amount (rather than award up to 180 days of earned sentence credit for prisoners serving a sentence or incarcerating of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer). Provides that the Department of Corrections or the Department of Juvenile Justice shall award sentence credit accumulated prior to the effective date of the amendatory Act in an amount specified to an inmate serving a sentence for an offense committed on or after June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit based upon specified documentation.
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6868 1 (C) service to the institution, service to a
6969 2 community, or service to the State.
7070 3 (2) Except as provided in paragraph (4.7) of this
7171 4 subsection (a), the rules and regulations on sentence credit
7272 5 shall provide, with respect to offenses listed in clause (i),
7373 6 (ii), or (iii) of this paragraph (2) committed on or after June
7474 7 19, 1998 or with respect to the offense listed in clause (iv)
7575 8 of this paragraph (2) committed on or after June 23, 2005 (the
7676 9 effective date of Public Act 94-71) or with respect to offense
7777 10 listed in clause (vi) committed on or after June 1, 2008 (the
7878 11 effective date of Public Act 95-625) or with respect to the
7979 12 offense of being an armed habitual criminal committed on or
8080 13 after August 2, 2005 (the effective date of Public Act 94-398)
8181 14 or with respect to the offenses listed in clause (v) of this
8282 15 paragraph (2) committed on or after August 13, 2007 (the
8383 16 effective date of Public Act 95-134) or with respect to the
8484 17 offense of aggravated domestic battery committed on or after
8585 18 July 23, 2010 (the effective date of Public Act 96-1224) or
8686 19 with respect to the offense of attempt to commit terrorism
8787 20 committed on or after January 1, 2013 (the effective date of
8888 21 Public Act 97-990), the following:
8989 22 (i) that a prisoner who is serving a term of
9090 23 imprisonment for first degree murder or for the offense of
9191 24 terrorism shall receive no sentence credit and shall serve
9292 25 the entire sentence imposed by the court;
9393 26 (ii) that a prisoner serving a sentence for attempt to
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104104 1 commit terrorism, attempt to commit first degree murder,
105105 2 solicitation of murder, solicitation of murder for hire,
106106 3 intentional homicide of an unborn child, predatory
107107 4 criminal sexual assault of a child, aggravated criminal
108108 5 sexual assault, criminal sexual assault, aggravated
109109 6 kidnapping, aggravated battery with a firearm as described
110110 7 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
111111 8 or (e)(4) of Section 12-3.05, heinous battery as described
112112 9 in Section 12-4.1 or subdivision (a)(2) of Section
113113 10 12-3.05, being an armed habitual criminal, aggravated
114114 11 battery of a senior citizen as described in Section 12-4.6
115115 12 or subdivision (a)(4) of Section 12-3.05, or aggravated
116116 13 battery of a child as described in Section 12-4.3 or
117117 14 subdivision (b)(1) of Section 12-3.05 shall receive no
118118 15 more than 7.5 4.5 days of sentence credit for each month of
119119 16 his or her sentence of imprisonment;
120120 17 (iii) that a prisoner serving a sentence for home
121121 18 invasion, armed robbery, aggravated vehicular hijacking,
122122 19 aggravated discharge of a firearm, or armed violence with
123123 20 a category I weapon or category II weapon, when the court
124124 21 has made and entered a finding, pursuant to subsection
125125 22 (c-1) of Section 5-4-1 of this Code, that the conduct
126126 23 leading to conviction for the enumerated offense resulted
127127 24 in great bodily harm to a victim, shall receive no more
128128 25 than 7.5 4.5 days of sentence credit for each month of his
129129 26 or her sentence of imprisonment;
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140140 1 (iv) that a prisoner serving a sentence for aggravated
141141 2 discharge of a firearm, whether or not the conduct leading
142142 3 to conviction for the offense resulted in great bodily
143143 4 harm to the victim, shall receive no more than 7.5 4.5 days
144144 5 of sentence credit for each month of his or her sentence of
145145 6 imprisonment;
146146 7 (v) that a person serving a sentence for gunrunning,
147147 8 narcotics racketeering, controlled substance trafficking,
148148 9 methamphetamine trafficking, drug-induced homicide,
149149 10 aggravated methamphetamine-related child endangerment,
150150 11 money laundering pursuant to clause (c) (4) or (5) of
151151 12 Section 29B-1 of the Criminal Code of 1961 or the Criminal
152152 13 Code of 2012, or a Class X felony conviction for delivery
153153 14 of a controlled substance, possession of a controlled
154154 15 substance with intent to manufacture or deliver,
155155 16 calculated criminal drug conspiracy, criminal drug
156156 17 conspiracy, street gang criminal drug conspiracy,
157157 18 participation in methamphetamine manufacturing,
158158 19 aggravated participation in methamphetamine
159159 20 manufacturing, delivery of methamphetamine, possession
160160 21 with intent to deliver methamphetamine, aggravated
161161 22 delivery of methamphetamine, aggravated possession with
162162 23 intent to deliver methamphetamine, methamphetamine
163163 24 conspiracy when the substance containing the controlled
164164 25 substance or methamphetamine is 100 grams or more shall
165165 26 receive no more than 12 7.5 days sentence credit for each
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176176 1 month of his or her sentence of imprisonment;
177177 2 (vi) that a prisoner serving a sentence for a second
178178 3 or subsequent offense of luring a minor shall receive no
179179 4 more than 7.5 4.5 days of sentence credit for each month of
180180 5 his or her sentence of imprisonment; and
181181 6 (vii) that a prisoner serving a sentence for
182182 7 aggravated domestic battery shall receive no more than 7.5
183183 8 4.5 days of sentence credit for each month of his or her
184184 9 sentence of imprisonment; and .
185185 10 (viii) that a person serving a sentence for first
186186 11 degree murder, other than those serving a term of natural
187187 12 life imprisonment, shall receive no more than 4.5 days of
188188 13 sentence credit for each month of his or her sentence of
189189 14 imprisonment.
190190 15 (2.1) For all offenses, other than those enumerated in
191191 16 subdivision (a)(2)(i), (ii), or (iii) committed on or after
192192 17 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
193193 18 June 23, 2005 (the effective date of Public Act 94-71) or
194194 19 subdivision (a)(2)(v) committed on or after August 13, 2007
195195 20 (the effective date of Public Act 95-134) or subdivision
196196 21 (a)(2)(vi) committed on or after June 1, 2008 (the effective
197197 22 date of Public Act 95-625) or subdivision (a)(2)(vii)
198198 23 committed on or after July 23, 2010 (the effective date of
199199 24 Public Act 96-1224), or subdivision (a)(2)(viii) committed on
200200 25 or after the effective date of this amendatory Act of the 103rd
201201 26 General Assembly, and other than the offense of aggravated
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212212 1 driving under the influence of alcohol, other drug or drugs,
213213 2 or intoxicating compound or compounds, or any combination
214214 3 thereof as defined in subparagraph (F) of paragraph (1) of
215215 4 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
216216 5 and other than the offense of aggravated driving under the
217217 6 influence of alcohol, other drug or drugs, or intoxicating
218218 7 compound or compounds, or any combination thereof as defined
219219 8 in subparagraph (C) of paragraph (1) of subsection (d) of
220220 9 Section 11-501 of the Illinois Vehicle Code committed on or
221221 10 after January 1, 2011 (the effective date of Public Act
222222 11 96-1230), the rules and regulations shall provide that a
223223 12 prisoner who is serving a term of imprisonment shall receive
224224 13 one day of sentence credit for each day of his or her sentence
225225 14 of imprisonment or recommitment under Section 3-3-9. Each day
226226 15 of sentence credit shall reduce by one day the prisoner's
227227 16 period of imprisonment or recommitment under Section 3-3-9.
228228 17 (2.2) A prisoner serving a term of natural life
229229 18 imprisonment or a prisoner who has been sentenced to death
230230 19 shall receive no sentence credit.
231231 20 (2.3) Except as provided in paragraph (4.7) of this
232232 21 subsection (a), the rules and regulations on sentence credit
233233 22 shall provide that a prisoner who is serving a sentence for
234234 23 aggravated driving under the influence of alcohol, other drug
235235 24 or drugs, or intoxicating compound or compounds, or any
236236 25 combination thereof as defined in subparagraph (F) of
237237 26 paragraph (1) of subsection (d) of Section 11-501 of the
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248248 1 Illinois Vehicle Code, shall receive no more than 7.5 4.5 days
249249 2 of sentence credit for each month of his or her sentence of
250250 3 imprisonment.
251251 4 (2.4) Except as provided in paragraph (4.7) of this
252252 5 subsection (a), the rules and regulations on sentence credit
253253 6 shall provide with respect to the offenses of aggravated
254254 7 battery with a machine gun or a firearm equipped with any
255255 8 device or attachment designed or used for silencing the report
256256 9 of a firearm or aggravated discharge of a machine gun or a
257257 10 firearm equipped with any device or attachment designed or
258258 11 used for silencing the report of a firearm, committed on or
259259 12 after July 15, 1999 (the effective date of Public Act 91-121),
260260 13 that a prisoner serving a sentence for any of these offenses
261261 14 shall receive no more than 7.5 4.5 days of sentence credit for
262262 15 each month of his or her sentence of imprisonment.
263263 16 (2.5) Except as provided in paragraph (4.7) of this
264264 17 subsection (a), the rules and regulations on sentence credit
265265 18 shall provide that a prisoner who is serving a sentence for
266266 19 aggravated arson committed on or after July 27, 2001 (the
267267 20 effective date of Public Act 92-176) shall receive no more
268268 21 than 7.5 4.5 days of sentence credit for each month of his or
269269 22 her sentence of imprisonment.
270270 23 (2.6) Except as provided in paragraph (4.7) of this
271271 24 subsection (a), the rules and regulations on sentence credit
272272 25 shall provide that a prisoner who is serving a sentence for
273273 26 aggravated driving under the influence of alcohol, other drug
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284284 1 or drugs, or intoxicating compound or compounds or any
285285 2 combination thereof as defined in subparagraph (C) of
286286 3 paragraph (1) of subsection (d) of Section 11-501 of the
287287 4 Illinois Vehicle Code committed on or after January 1, 2011
288288 5 (the effective date of Public Act 96-1230) shall receive no
289289 6 more than 7.5 4.5 days of sentence credit for each month of his
290290 7 or her sentence of imprisonment.
291291 8 (3) In addition to the sentence credits earned under
292292 9 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
293293 10 subsection (a), the rules and regulations shall also provide
294294 11 that the Director of Corrections or the Director of Juvenile
295295 12 Justice may award up to 180 days of earned sentence credit;
296296 13 provided that such earned sentence credit shall not reduce the
297297 14 sentence of the prisoner to less than the amounts set forth in
298298 15 subparagraphs (i), (ii), (iii), and (iv) of paragraph (4.7) of
299299 16 this subsection (a) for prisoners serving a sentence of
300300 17 incarceration of less than 5 years, and up to 365 days of
301301 18 earned sentence credit for prisoners serving a sentence of 5
302302 19 years or longer. The Director may grant this credit for good
303303 20 conduct in specific instances as either Director deems proper
304304 21 for eligible persons in the custody of each Director's
305305 22 respective Department. The good conduct may include, but is
306306 23 not limited to, compliance with the rules and regulations of
307307 24 the Department, service to the Department, service to a
308308 25 community, or service to the State.
309309 26 Eligible inmates for an award of earned sentence credit
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320320 1 under this paragraph (3) may be selected to receive the credit
321321 2 at either Director's or his or her designee's sole discretion.
322322 3 Eligibility for the additional earned sentence credit under
323323 4 this paragraph (3) may be based on, but is not limited to,
324324 5 participation in programming offered by the Department as
325325 6 appropriate for the prisoner based on the results of any
326326 7 available risk/needs assessment or other relevant assessments
327327 8 or evaluations administered by the Department using a
328328 9 validated instrument, the circumstances of the crime,
329329 10 demonstrated commitment to rehabilitation by a prisoner with a
330330 11 history of conviction for a forcible felony enumerated in
331331 12 Section 2-8 of the Criminal Code of 2012, the inmate's
332332 13 behavior and improvements in disciplinary history while
333333 14 incarcerated, and the inmate's commitment to rehabilitation,
334334 15 including participation in programming offered by the
335335 16 Department.
336336 17 The Director of Corrections or the Director of Juvenile
337337 18 Justice shall not award sentence credit under this paragraph
338338 19 (3) to an inmate unless the inmate has served a minimum of 60
339339 20 days of the sentence; except nothing in this paragraph shall
340340 21 be construed to permit either Director to extend an inmate's
341341 22 sentence beyond that which was imposed by the court. Prior to
342342 23 awarding credit under this paragraph (3), each Director shall
343343 24 make a written determination that the inmate:
344344 25 (A) is eligible for the earned sentence credit;
345345 26 (B) has served a minimum of 60 days, or as close to 60
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356356 1 days as the sentence will allow;
357357 2 (B-1) has received a risk/needs assessment or other
358358 3 relevant evaluation or assessment administered by the
359359 4 Department using a validated instrument; and
360360 5 (C) has met the eligibility criteria established by
361361 6 rule for earned sentence credit.
362362 7 The Director of Corrections or the Director of Juvenile
363363 8 Justice shall determine the form and content of the written
364364 9 determination required in this subsection.
365365 10 (3.5) The Department shall provide annual written reports
366366 11 to the Governor and the General Assembly on the award of earned
367367 12 sentence credit no later than February 1 of each year. The
368368 13 Department must publish both reports on its website within 48
369369 14 hours of transmitting the reports to the Governor and the
370370 15 General Assembly. The reports must include:
371371 16 (A) the number of inmates awarded earned sentence
372372 17 credit;
373373 18 (B) the average amount of earned sentence credit
374374 19 awarded;
375375 20 (C) the holding offenses of inmates awarded earned
376376 21 sentence credit; and
377377 22 (D) the number of earned sentence credit revocations.
378378 23 (4)(A) Except as provided in paragraph (4.7) of this
379379 24 subsection (a), the rules and regulations shall also provide
380380 25 that any prisoner who is engaged full-time in substance abuse
381381 26 programs, correctional industry assignments, educational
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392392 1 programs, work-release programs or activities in accordance
393393 2 with Article 13 of Chapter III of this Code, behavior
394394 3 modification programs, life skills courses, or re-entry
395395 4 planning provided by the Department under this paragraph (4)
396396 5 and satisfactorily completes the assigned program as
397397 6 determined by the standards of the Department, shall receive
398398 7 one day of sentence credit for each day in which that prisoner
399399 8 is engaged in the activities described in this paragraph. The
400400 9 rules and regulations shall also provide that sentence credit
401401 10 may be provided to an inmate who was held in pre-trial
402402 11 detention prior to his or her current commitment to the
403403 12 Department of Corrections and successfully completed a
404404 13 full-time, 60-day or longer substance abuse program,
405405 14 educational program, behavior modification program, life
406406 15 skills course, or re-entry planning provided by the county
407407 16 department of corrections or county jail. Calculation of this
408408 17 county program credit shall be done at sentencing as provided
409409 18 in Section 5-4.5-100 of this Code and shall be included in the
410410 19 sentencing order. The rules and regulations shall also provide
411411 20 that sentence credit may be provided to an inmate who is in
412412 21 compliance with programming requirements in an adult
413413 22 transition center.
414414 23 (B) The Department shall award sentence credit under this
415415 24 paragraph (4) accumulated prior to January 1, 2020 (the
416416 25 effective date of Public Act 101-440) in an amount specified
417417 26 in subparagraph (C) of this paragraph (4) to an inmate serving
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428428 1 a sentence for an offense committed prior to June 19, 1998, if
429429 2 the Department determines that the inmate is entitled to this
430430 3 sentence credit, based upon:
431431 4 (i) documentation provided by the Department that the
432432 5 inmate engaged in any full-time substance abuse programs,
433433 6 correctional industry assignments, educational programs,
434434 7 behavior modification programs, life skills courses, or
435435 8 re-entry planning provided by the Department under this
436436 9 paragraph (4) and satisfactorily completed the assigned
437437 10 program as determined by the standards of the Department
438438 11 during the inmate's current term of incarceration; or
439439 12 (ii) the inmate's own testimony in the form of an
440440 13 affidavit or documentation, or a third party's
441441 14 documentation or testimony in the form of an affidavit
442442 15 that the inmate likely engaged in any full-time substance
443443 16 abuse programs, correctional industry assignments,
444444 17 educational programs, behavior modification programs, life
445445 18 skills courses, or re-entry planning provided by the
446446 19 Department under paragraph (4) and satisfactorily
447447 20 completed the assigned program as determined by the
448448 21 standards of the Department during the inmate's current
449449 22 term of incarceration.
450450 23 (C) If the inmate can provide documentation that he or she
451451 24 is entitled to sentence credit under subparagraph (B) in
452452 25 excess of 45 days of participation in those programs, the
453453 26 inmate shall receive 90 days of sentence credit. If the inmate
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464464 1 cannot provide documentation of more than 45 days of
465465 2 participation in those programs, the inmate shall receive 45
466466 3 days of sentence credit. In the event of a disagreement
467467 4 between the Department and the inmate as to the amount of
468468 5 credit accumulated under subparagraph (B), if the Department
469469 6 provides documented proof of a lesser amount of days of
470470 7 participation in those programs, that proof shall control. If
471471 8 the Department provides no documentary proof, the inmate's
472472 9 proof as set forth in clause (ii) of subparagraph (B) shall
473473 10 control as to the amount of sentence credit provided.
474474 11 (D) If the inmate has been convicted of a sex offense as
475475 12 defined in Section 2 of the Sex Offender Registration Act,
476476 13 sentencing credits under subparagraph (B) of this paragraph
477477 14 (4) shall be awarded by the Department only if the conditions
478478 15 set forth in paragraph (4.6) of subsection (a) are satisfied.
479479 16 No inmate serving a term of natural life imprisonment shall
480480 17 receive sentence credit under subparagraph (B) of this
481481 18 paragraph (4).
482482 19 Educational, vocational, substance abuse, behavior
483483 20 modification programs, life skills courses, re-entry planning,
484484 21 and correctional industry programs under which sentence credit
485485 22 may be earned under this paragraph (4) and paragraph (4.1) of
486486 23 this subsection (a) shall be evaluated by the Department on
487487 24 the basis of documented standards. The Department shall report
488488 25 the results of these evaluations to the Governor and the
489489 26 General Assembly by September 30th of each year. The reports
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500500 1 shall include data relating to the recidivism rate among
501501 2 program participants.
502502 3 Availability of these programs shall be subject to the
503503 4 limits of fiscal resources appropriated by the General
504504 5 Assembly for these purposes. Eligible inmates who are denied
505505 6 immediate admission shall be placed on a waiting list under
506506 7 criteria established by the Department. The rules and
507507 8 regulations shall provide that a prisoner who has been placed
508508 9 on a waiting list but is transferred for non-disciplinary
509509 10 reasons before beginning a program shall receive priority
510510 11 placement on the waitlist for appropriate programs at the new
511511 12 facility. The inability of any inmate to become engaged in any
512512 13 such programs by reason of insufficient program resources or
513513 14 for any other reason established under the rules and
514514 15 regulations of the Department shall not be deemed a cause of
515515 16 action under which the Department or any employee or agent of
516516 17 the Department shall be liable for damages to the inmate. The
517517 18 rules and regulations shall provide that a prisoner who begins
518518 19 an educational, vocational, substance abuse, work-release
519519 20 programs or activities in accordance with Article 13 of
520520 21 Chapter III of this Code, behavior modification program, life
521521 22 skills course, re-entry planning, or correctional industry
522522 23 programs but is unable to complete the program due to illness,
523523 24 disability, transfer, lockdown, or another reason outside of
524524 25 the prisoner's control shall receive prorated sentence credits
525525 26 for the days in which the prisoner did participate.
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536536 1 (E) The Department shall award sentence credit under this
537537 2 paragraph (4) accumulated prior to the effective date of this
538538 3 amendatory Act of the 103rd General Assembly in an amount
539539 4 specified in subparagraph (F) of this paragraph (4) to an
540540 5 inmate serving a sentence for an offense committed on or after
541541 6 June 19, 1998, if the Department determines that the inmate is
542542 7 entitled to this sentence credit, based upon:
543543 8 (i) documentation provided by the Department that the
544544 9 inmate engaged in any full-time substance abuse programs,
545545 10 correctional industry assignments, educational programs,
546546 11 behavior modification programs, life skills courses, or
547547 12 re-entry planning provided by the Department under this
548548 13 paragraph (4) and satisfactorily completed the assigned
549549 14 program as determined by the standards of the Department
550550 15 during the inmate's current term of incarceration; or
551551 16 (ii) the inmate's own testimony in the form of an
552552 17 affidavit or documentation, or a third party's
553553 18 documentation or testimony in the form of an affidavit
554554 19 that the inmate likely engaged in any full-time substance
555555 20 abuse programs, correctional industry assignments,
556556 21 educational programs, behavior modification programs, life
557557 22 skills courses, or re-entry planning provided by the
558558 23 Department under this paragraph (4) and satisfactorily
559559 24 completed the assigned program as determined by the
560560 25 standards of the Department during the inmate's current
561561 26 term of incarceration.
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572572 1 (F) If the inmate can provide documentation that he or she
573573 2 is entitled to sentence credit under subparagraph (E), the
574574 3 inmate shall receive such sentence credit. If the inmate
575575 4 cannot provide documentation of participation in those
576576 5 programs, the inmate shall receive up to 0.5 days of sentence
577577 6 credit for each day of participation in such a program. In the
578578 7 event of a disagreement between the Department and the inmate
579579 8 as to the amount of credit accumulated under subparagraph (E),
580580 9 if the Department provides documented proof of a lesser amount
581581 10 of days of participation in those programs, that proof shall
582582 11 control. If the Department provides no documentary proof, the
583583 12 inmate's proof as set forth in clause (ii) of subparagraph (E)
584584 13 shall control as to the amount of sentence credit provided.
585585 14 (4.1) Except as provided in paragraph (4.7) of this
586586 15 subsection (a), the rules and regulations shall also provide
587587 16 that an additional 90 days of sentence credit shall be awarded
588588 17 to any prisoner who passes high school equivalency testing
589589 18 while the prisoner is committed to the Department of
590590 19 Corrections. The sentence credit awarded under this paragraph
591591 20 (4.1) shall be in addition to, and shall not affect, the award
592592 21 of sentence credit under any other paragraph of this Section,
593593 22 but shall also be pursuant to the guidelines and restrictions
594594 23 set forth in paragraph (4) of subsection (a) of this Section.
595595 24 The sentence credit provided for in this paragraph shall be
596596 25 available only to those prisoners who have not previously
597597 26 earned a high school diploma or a State of Illinois High School
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608608 1 Diploma. If, after an award of the high school equivalency
609609 2 testing sentence credit has been made, the Department
610610 3 determines that the prisoner was not eligible, then the award
611611 4 shall be revoked. The Department may also award 90 days of
612612 5 sentence credit to any committed person who passed high school
613613 6 equivalency testing while he or she was held in pre-trial
614614 7 detention prior to the current commitment to the Department of
615615 8 Corrections. Except as provided in paragraph (4.7) of this
616616 9 subsection (a), the rules and regulations shall provide that
617617 10 an additional 120 days of sentence credit shall be awarded to
618618 11 any prisoner who obtains an associate degree while the
619619 12 prisoner is committed to the Department of Corrections,
620620 13 regardless of the date that the associate degree was obtained,
621621 14 including if prior to July 1, 2021 (the effective date of
622622 15 Public Act 101-652). The sentence credit awarded under this
623623 16 paragraph (4.1) shall be in addition to, and shall not affect,
624624 17 the award of sentence credit under any other paragraph of this
625625 18 Section, but shall also be under the guidelines and
626626 19 restrictions set forth in paragraph (4) of subsection (a) of
627627 20 this Section. The sentence credit provided for in this
628628 21 paragraph (4.1) shall be available only to those prisoners who
629629 22 have not previously earned an associate degree prior to the
630630 23 current commitment to the Department of Corrections. If, after
631631 24 an award of the associate degree sentence credit has been made
632632 25 and the Department determines that the prisoner was not
633633 26 eligible, then the award shall be revoked. The Department may
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644644 1 also award 120 days of sentence credit to any committed person
645645 2 who earned an associate degree while he or she was held in
646646 3 pre-trial detention prior to the current commitment to the
647647 4 Department of Corrections.
648648 5 Except as provided in paragraph (4.7) of this subsection
649649 6 (a), the rules and regulations shall provide that an
650650 7 additional 180 days of sentence credit shall be awarded to any
651651 8 prisoner who obtains a bachelor's degree while the prisoner is
652652 9 committed to the Department of Corrections. The sentence
653653 10 credit awarded under this paragraph (4.1) shall be in addition
654654 11 to, and shall not affect, the award of sentence credit under
655655 12 any other paragraph of this Section, but shall also be under
656656 13 the guidelines and restrictions set forth in paragraph (4) of
657657 14 this subsection (a). The sentence credit provided for in this
658658 15 paragraph shall be available only to those prisoners who have
659659 16 not earned a bachelor's degree prior to the current commitment
660660 17 to the Department of Corrections. If, after an award of the
661661 18 bachelor's degree sentence credit has been made, the
662662 19 Department determines that the prisoner was not eligible, then
663663 20 the award shall be revoked. The Department may also award 180
664664 21 days of sentence credit to any committed person who earned a
665665 22 bachelor's degree while he or she was held in pre-trial
666666 23 detention prior to the current commitment to the Department of
667667 24 Corrections.
668668 25 Except as provided in paragraph (4.7) of this subsection
669669 26 (a), the rules and regulations shall provide that an
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679679 HB3901 - 19 - LRB103 28828 RLC 55213 b
680680 1 additional 180 days of sentence credit shall be awarded to any
681681 2 prisoner who obtains a master's or professional degree while
682682 3 the prisoner is committed to the Department of Corrections.
683683 4 The sentence credit awarded under this paragraph (4.1) shall
684684 5 be in addition to, and shall not affect, the award of sentence
685685 6 credit under any other paragraph of this Section, but shall
686686 7 also be under the guidelines and restrictions set forth in
687687 8 paragraph (4) of this subsection (a). The sentence credit
688688 9 provided for in this paragraph shall be available only to
689689 10 those prisoners who have not previously earned a master's or
690690 11 professional degree prior to the current commitment to the
691691 12 Department of Corrections. If, after an award of the master's
692692 13 or professional degree sentence credit has been made, the
693693 14 Department determines that the prisoner was not eligible, then
694694 15 the award shall be revoked. The Department may also award 180
695695 16 days of sentence credit to any committed person who earned a
696696 17 master's or professional degree while he or she was held in
697697 18 pre-trial detention prior to the current commitment to the
698698 19 Department of Corrections.
699699 20 (4.2) The rules and regulations shall also provide that
700700 21 any prisoner engaged in self-improvement programs, volunteer
701701 22 work, or work assignments that are not otherwise eligible
702702 23 activities under paragraph (4), shall receive up to 0.5 days
703703 24 of sentence credit for each day in which the prisoner is
704704 25 engaged in activities described in this paragraph.
705705 26 (4.5) The rules and regulations on sentence credit shall
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716716 1 also provide that when the court's sentencing order recommends
717717 2 a prisoner for substance abuse treatment and the crime was
718718 3 committed on or after September 1, 2003 (the effective date of
719719 4 Public Act 93-354), the prisoner shall receive no sentence
720720 5 credit awarded under clause (3) of this subsection (a) unless
721721 6 he or she participates in and completes a substance abuse
722722 7 treatment program. The Director of Corrections may waive the
723723 8 requirement to participate in or complete a substance abuse
724724 9 treatment program in specific instances if the prisoner is not
725725 10 a good candidate for a substance abuse treatment program for
726726 11 medical, programming, or operational reasons. Availability of
727727 12 substance abuse treatment shall be subject to the limits of
728728 13 fiscal resources appropriated by the General Assembly for
729729 14 these purposes. If treatment is not available and the
730730 15 requirement to participate and complete the treatment has not
731731 16 been waived by the Director, the prisoner shall be placed on a
732732 17 waiting list under criteria established by the Department. The
733733 18 Director may allow a prisoner placed on a waiting list to
734734 19 participate in and complete a substance abuse education class
735735 20 or attend substance abuse self-help meetings in lieu of a
736736 21 substance abuse treatment program. A prisoner on a waiting
737737 22 list who is not placed in a substance abuse program prior to
738738 23 release may be eligible for a waiver and receive sentence
739739 24 credit under clause (3) of this subsection (a) at the
740740 25 discretion of the Director.
741741 26 (4.6) The rules and regulations on sentence credit shall
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751751 HB3901 - 21 - LRB103 28828 RLC 55213 b
752752 1 also provide that a prisoner who has been convicted of a sex
753753 2 offense as defined in Section 2 of the Sex Offender
754754 3 Registration Act shall receive no sentence credit unless he or
755755 4 she either has successfully completed or is participating in
756756 5 sex offender treatment as defined by the Sex Offender
757757 6 Management Board. However, prisoners who are waiting to
758758 7 receive treatment, but who are unable to do so due solely to
759759 8 the lack of resources on the part of the Department, may, at
760760 9 either Director's sole discretion, be awarded sentence credit
761761 10 at a rate as the Director shall determine.
762762 11 (4.7) On or after January 1, 2018 (the effective date of
763763 12 Public Act 100-3), sentence credit under paragraph (3), (4),
764764 13 or (4.1) of this subsection (a) may be awarded to a prisoner
765765 14 who is serving a sentence for an offense described in
766766 15 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
767767 16 on or after January 1, 2018 (the effective date of Public Act
768768 17 100-3); provided, the award of the credits under this
769769 18 paragraph (4.7) shall not reduce the sentence of the prisoner
770770 19 to less than the following amounts:
771771 20 (i) 85% of his or her sentence if the prisoner is
772772 21 required to serve 85% of his or her sentence; or
773773 22 (ii) 60% of his or her sentence if the prisoner is
774774 23 required to serve 60% 75% of his or her sentence, except if
775775 24 the prisoner is serving a sentence for gunrunning his or
776776 25 her sentence shall not be reduced to less than 75%.
777777 26 (iii) 100% of his or her sentence if the prisoner is
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788788 1 required to serve 100% of his or her sentence; or .
789789 2 (iv) 70% of his or her sentence if the prisoner is
790790 3 required to serve 70% of his or her sentence.
791791 4 (5) Whenever the Department is to release any inmate
792792 5 earlier than it otherwise would because of a grant of earned
793793 6 sentence credit under paragraph (3) of subsection (a) of this
794794 7 Section given at any time during the term, the Department
795795 8 shall give reasonable notice of the impending release not less
796796 9 than 14 days prior to the date of the release to the State's
797797 10 Attorney of the county where the prosecution of the inmate
798798 11 took place, and if applicable, the State's Attorney of the
799799 12 county into which the inmate will be released. The Department
800800 13 must also make identification information and a recent photo
801801 14 of the inmate being released accessible on the Internet by
802802 15 means of a hyperlink labeled "Community Notification of Inmate
803803 16 Early Release" on the Department's World Wide Web homepage.
804804 17 The identification information shall include the inmate's:
805805 18 name, any known alias, date of birth, physical
806806 19 characteristics, commitment offense, and county where
807807 20 conviction was imposed. The identification information shall
808808 21 be placed on the website within 3 days of the inmate's release
809809 22 and the information may not be removed until either:
810810 23 completion of the first year of mandatory supervised release
811811 24 or return of the inmate to custody of the Department.
812812 25 (b) Whenever a person is or has been committed under
813813 26 several convictions, with separate sentences, the sentences
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823823 HB3901 - 23 - LRB103 28828 RLC 55213 b
824824 1 shall be construed under Section 5-8-4 in granting and
825825 2 forfeiting of sentence credit.
826826 3 (c) (1) The Department shall prescribe rules and
827827 4 regulations for revoking sentence credit, including revoking
828828 5 sentence credit awarded under paragraph (3) of subsection (a)
829829 6 of this Section. The Department shall prescribe rules and
830830 7 regulations establishing and requiring the use of a sanctions
831831 8 matrix for revoking sentence credit. The Department shall
832832 9 prescribe rules and regulations for suspending or reducing the
833833 10 rate of accumulation of sentence credit for specific rule
834834 11 violations, during imprisonment. These rules and regulations
835835 12 shall provide that no inmate may be penalized more than one
836836 13 year of sentence credit for any one infraction.
837837 14 (2) When the Department seeks to revoke, suspend, or
838838 15 reduce the rate of accumulation of any sentence credits for an
839839 16 alleged infraction of its rules, it shall bring charges
840840 17 therefor against the prisoner sought to be so deprived of
841841 18 sentence credits before the Prisoner Review Board as provided
842842 19 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
843843 20 amount of credit at issue exceeds 30 days, whether from one
844844 21 infraction or cumulatively from multiple infractions arising
845845 22 out of a single event, or when, during any 12-month period, the
846846 23 cumulative amount of credit revoked exceeds 30 days except
847847 24 where the infraction is committed or discovered within 60 days
848848 25 of scheduled release. In those cases, the Department of
849849 26 Corrections may revoke up to 30 days of sentence credit. The
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860860 1 Board may subsequently approve the revocation of additional
861861 2 sentence credit, if the Department seeks to revoke sentence
862862 3 credit in excess of 30 days. However, the Board shall not be
863863 4 empowered to review the Department's decision with respect to
864864 5 the loss of 30 days of sentence credit within any calendar year
865865 6 for any prisoner or to increase any penalty beyond the length
866866 7 requested by the Department.
867867 8 (3) The Director of Corrections or the Director of
868868 9 Juvenile Justice, in appropriate cases, may restore sentence
869869 10 credits which have been revoked, suspended, or reduced. The
870870 11 Department shall prescribe rules and regulations governing the
871871 12 restoration of sentence credits. These rules and regulations
872872 13 shall provide for the automatic restoration of sentence
873873 14 credits following a period in which the prisoner maintains a
874874 15 record without a disciplinary violation.
875875 16 Nothing contained in this Section shall prohibit the
876876 17 Prisoner Review Board from ordering, pursuant to Section
877877 18 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
878878 19 sentence imposed by the court that was not served due to the
879879 20 accumulation of sentence credit.
880880 21 (d) If a lawsuit is filed by a prisoner in an Illinois or
881881 22 federal court against the State, the Department of
882882 23 Corrections, or the Prisoner Review Board, or against any of
883883 24 their officers or employees, and the court makes a specific
884884 25 finding that a pleading, motion, or other paper filed by the
885885 26 prisoner is frivolous, the Department of Corrections shall
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896896 1 conduct a hearing to revoke up to 180 days of sentence credit
897897 2 by bringing charges against the prisoner sought to be deprived
898898 3 of the sentence credits before the Prisoner Review Board as
899899 4 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
900900 5 If the prisoner has not accumulated 180 days of sentence
901901 6 credit at the time of the finding, then the Prisoner Review
902902 7 Board may revoke all sentence credit accumulated by the
903903 8 prisoner.
904904 9 For purposes of this subsection (d):
905905 10 (1) "Frivolous" means that a pleading, motion, or
906906 11 other filing which purports to be a legal document filed
907907 12 by a prisoner in his or her lawsuit meets any or all of the
908908 13 following criteria:
909909 14 (A) it lacks an arguable basis either in law or in
910910 15 fact;
911911 16 (B) it is being presented for any improper
912912 17 purpose, such as to harass or to cause unnecessary
913913 18 delay or needless increase in the cost of litigation;
914914 19 (C) the claims, defenses, and other legal
915915 20 contentions therein are not warranted by existing law
916916 21 or by a nonfrivolous argument for the extension,
917917 22 modification, or reversal of existing law or the
918918 23 establishment of new law;
919919 24 (D) the allegations and other factual contentions
920920 25 do not have evidentiary support or, if specifically so
921921 26 identified, are not likely to have evidentiary support
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932932 1 after a reasonable opportunity for further
933933 2 investigation or discovery; or
934934 3 (E) the denials of factual contentions are not
935935 4 warranted on the evidence, or if specifically so
936936 5 identified, are not reasonably based on a lack of
937937 6 information or belief.
938938 7 (2) "Lawsuit" means a motion pursuant to Section 116-3
939939 8 of the Code of Criminal Procedure of 1963, a habeas corpus
940940 9 action under Article X of the Code of Civil Procedure or
941941 10 under federal law (28 U.S.C. 2254), a petition for claim
942942 11 under the Court of Claims Act, an action under the federal
943943 12 Civil Rights Act (42 U.S.C. 1983), or a second or
944944 13 subsequent petition for post-conviction relief under
945945 14 Article 122 of the Code of Criminal Procedure of 1963
946946 15 whether filed with or without leave of court or a second or
947947 16 subsequent petition for relief from judgment under Section
948948 17 2-1401 of the Code of Civil Procedure.
949949 18 (e) Nothing in Public Act 90-592 or 90-593 affects the
950950 19 validity of Public Act 89-404.
951951 20 (f) Whenever the Department is to release any inmate who
952952 21 has been convicted of a violation of an order of protection
953953 22 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
954954 23 the Criminal Code of 2012, earlier than it otherwise would
955955 24 because of a grant of sentence credit, the Department, as a
956956 25 condition of release, shall require that the person, upon
957957 26 release, be placed under electronic surveillance as provided
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968968 1 in Section 5-8A-7 of this Code.
969969 2 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
970970 3 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
971971 4 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
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