Illinois 2023-2024 Regular Session

Illinois House Bill HB5219 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5219 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025. LRB103 37610 RLC 67736 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5219 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025. LRB103 37610 RLC 67736 b LRB103 37610 RLC 67736 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5219 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/3-6-3 730 ILCS 5/3-6-3
4	4	730 ILCS 5/3-6-3
5	5	Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025.
6	6	LRB103 37610 RLC 67736 b LRB103 37610 RLC 67736 b
7	7	LRB103 37610 RLC 67736 b
8	8	A BILL FOR
9	9	HB5219LRB103 37610 RLC 67736 b HB5219 LRB103 37610 RLC 67736 b
10	10	HB5219 LRB103 37610 RLC 67736 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 3-6-3 as follows:
16	16	6 (730 ILCS 5/3-6-3)
17	17	7 Sec. 3-6-3. Rules and regulations for sentence credit.
18	18	8 (a)(1) The Department of Corrections shall prescribe rules
19	19	9 and regulations for awarding and revoking sentence credit for
20	20	10 persons committed to the Department of Corrections and the
21	21	11 Department of Juvenile Justice shall prescribe rules and
22	22	12 regulations for awarding and revoking sentence credit for
23	23	13 persons committed to the Department of Juvenile Justice under
24	24	14 Section 5-8-6 of the Unified Code of Corrections, which shall
25	25	15 be subject to review by the Prisoner Review Board.
26	26	16 (1.5) As otherwise provided by law, sentence credit may be
27	27	17 awarded for the following:
28	28	18 (A) successful completion of programming while in
29	29	19 custody of the Department of Corrections or the Department
30	30	20 of Juvenile Justice or while in custody prior to
31	31	21 sentencing;
32	32	22 (B) compliance with the rules and regulations of the
33	33	23 Department; or
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5219 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/3-6-3 730 ILCS 5/3-6-3
39	39	730 ILCS 5/3-6-3
40	40	Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2025.
41	41	LRB103 37610 RLC 67736 b LRB103 37610 RLC 67736 b
42	42	LRB103 37610 RLC 67736 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	730 ILCS 5/3-6-3
50	50
51	51
52	52
53	53	LRB103 37610 RLC 67736 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB5219 LRB103 37610 RLC 67736 b
64	64
65	65
66	66	HB5219- 2 -LRB103 37610 RLC 67736 b HB5219 - 2 - LRB103 37610 RLC 67736 b
67	67	HB5219 - 2 - LRB103 37610 RLC 67736 b
68	68	1 (C) service to the institution, service to a
69	69	2 community, or service to the State.
70	70	3 (2) The rules and regulations shall provide that the
71	71	4 individual in custody shall receive one day of sentence credit
72	72	5 for each day of service in prison other than when a sentence of
73	73	6 natural life imprisonment has been imposed. Each day of
74	74	7 sentence credit shall reduce by one day the incarcerated
75	75	8 person's period of incarceration set by the court. Except as
76	76	9 provided in paragraph (4.7) of this subsection (a), the rules
77	77	10 and regulations on sentence credit shall provide, with respect
78	78	11 to offenses listed in clause (i), (ii), or (iii) of this
79	79	12 paragraph (2) committed on or after June 19, 1998 or with
80	80	13 respect to the offense listed in clause (iv) of this paragraph
81	81	14 (2) committed on or after June 23, 2005 (the effective date of
82	82	15 Public Act 94-71) or with respect to offense listed in clause
83	83	16 (vi) committed on or after June 1, 2008 (the effective date of
84	84	17 Public Act 95-625) or with respect to the offense of being an
85	85	18 armed habitual criminal committed on or after August 2, 2005
86	86	19 (the effective date of Public Act 94-398) or with respect to
87	87	20 the offenses listed in clause (v) of this paragraph (2)
88	88	21 committed on or after August 13, 2007 (the effective date of
89	89	22 Public Act 95-134) or with respect to the offense of
90	90	23 aggravated domestic battery committed on or after July 23,
91	91	24 2010 (the effective date of Public Act 96-1224) or with
92	92	25 respect to the offense of attempt to commit terrorism
93	93	26 committed on or after January 1, 2013 (the effective date of
94	94
95	95
96	96
97	97
98	98
99	99	HB5219 - 2 - LRB103 37610 RLC 67736 b
100	100
101	101
102	102	HB5219- 3 -LRB103 37610 RLC 67736 b HB5219 - 3 - LRB103 37610 RLC 67736 b
103	103	HB5219 - 3 - LRB103 37610 RLC 67736 b
104	104	1 Public Act 97-990), the following:
105	105	2 (i) that a prisoner who is serving a term of
106	106	3 imprisonment for first degree murder or for the offense of
107	107	4 terrorism shall receive no sentence credit and shall serve
108	108	5 the entire sentence imposed by the court;
109	109	6 (ii) that a prisoner serving a sentence for attempt to
110	110	7 commit terrorism, attempt to commit first degree murder,
111	111	8 solicitation of murder, solicitation of murder for hire,
112	112	9 intentional homicide of an unborn child, predatory
113	113	10 criminal sexual assault of a child, aggravated criminal
114	114	11 sexual assault, criminal sexual assault, aggravated
115	115	12 kidnapping, aggravated battery with a firearm as described
116	116	13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
117	117	14 or (e)(4) of Section 12-3.05, heinous battery as described
118	118	15 in Section 12-4.1 or subdivision (a)(2) of Section
119	119	16 12-3.05, being an armed habitual criminal, aggravated
120	120	17 battery of a senior citizen as described in Section 12-4.6
121	121	18 or subdivision (a)(4) of Section 12-3.05, or aggravated
122	122	19 battery of a child as described in Section 12-4.3 or
123	123	20 subdivision (b)(1) of Section 12-3.05 shall receive no
124	124	21 more than 4.5 days of sentence credit for each month of his
125	125	22 or her sentence of imprisonment;
126	126	23 (iii) that a prisoner serving a sentence for home
127	127	24 invasion, armed robbery, aggravated vehicular hijacking,
128	128	25 aggravated discharge of a firearm, or armed violence with
129	129	26 a category I weapon or category II weapon, when the court
130	130
131	131
132	132
133	133
134	134
135	135	HB5219 - 3 - LRB103 37610 RLC 67736 b
136	136
137	137
138	138	HB5219- 4 -LRB103 37610 RLC 67736 b HB5219 - 4 - LRB103 37610 RLC 67736 b
139	139	HB5219 - 4 - LRB103 37610 RLC 67736 b
140	140	1 has made and entered a finding, pursuant to subsection
141	141	2 (c-1) of Section 5-4-1 of this Code, that the conduct
142	142	3 leading to conviction for the enumerated offense resulted
143	143	4 in great bodily harm to a victim, shall receive no more
144	144	5 than 4.5 days of sentence credit for each month of his or
145	145	6 her sentence of imprisonment;
146	146	7 (iv) that a prisoner serving a sentence for aggravated
147	147	8 discharge of a firearm, whether or not the conduct leading
148	148	9 to conviction for the offense resulted in great bodily
149	149	10 harm to the victim, shall receive no more than 4.5 days of
150	150	11 sentence credit for each month of his or her sentence of
151	151	12 imprisonment;
152	152	13 (v) that a person serving a sentence for gunrunning,
153	153	14 narcotics racketeering, controlled substance trafficking,
154	154	15 methamphetamine trafficking, drug-induced homicide,
155	155	16 aggravated methamphetamine-related child endangerment,
156	156	17 money laundering pursuant to clause (c) (4) or (5) of
157	157	18 Section 29B-1 of the Criminal Code of 1961 or the Criminal
158	158	19 Code of 2012, or a Class X felony conviction for delivery
159	159	20 of a controlled substance, possession of a controlled
160	160	21 substance with intent to manufacture or deliver,
161	161	22 calculated criminal drug conspiracy, criminal drug
162	162	23 conspiracy, street gang criminal drug conspiracy,
163	163	24 participation in methamphetamine manufacturing,
164	164	25 aggravated participation in methamphetamine
165	165	26 manufacturing, delivery of methamphetamine, possession
166	166
167	167
168	168
169	169
170	170
171	171	HB5219 - 4 - LRB103 37610 RLC 67736 b
172	172
173	173
174	174	HB5219- 5 -LRB103 37610 RLC 67736 b HB5219 - 5 - LRB103 37610 RLC 67736 b
175	175	HB5219 - 5 - LRB103 37610 RLC 67736 b
176	176	1 with intent to deliver methamphetamine, aggravated
177	177	2 delivery of methamphetamine, aggravated possession with
178	178	3 intent to deliver methamphetamine, methamphetamine
179	179	4 conspiracy when the substance containing the controlled
180	180	5 substance or methamphetamine is 100 grams or more shall
181	181	6 receive no more than 7.5 days sentence credit for each
182	182	7 month of his or her sentence of imprisonment;
183	183	8 (vi) that a prisoner serving a sentence for a second
184	184	9 or subsequent offense of luring a minor shall receive no
185	185	10 more than 4.5 days of sentence credit for each month of his
186	186	11 or her sentence of imprisonment; and
187	187	12 (vii) that a prisoner serving a sentence for
188	188	13 aggravated domestic battery shall receive no more than 4.5
189	189	14 days of sentence credit for each month of his or her
190	190	15 sentence of imprisonment.
191	191	16 (2.1) Within 6 months after the effective date of this
192	192	17 amendatory Act of the 103rd General Assembly, the Department
193	193	18 of Corrections shall recalculate each incarcerated person's
194	194	19 release date by crediting each person one day sentence credit
195	195	20 for each day the incarcerated person has spent in prison on the
196	196	21 current sentence. For all offenses, other than those
197	197	22 enumerated in subdivision (a)(2)(i), (ii), or (iii) committed
198	198	23 on or after June 19, 1998 or subdivision (a)(2)(iv) committed
199	199	24 on or after June 23, 2005 (the effective date of Public Act
200	200	25 94-71) or subdivision (a)(2)(v) committed on or after August
201	201	26 13, 2007 (the effective date of Public Act 95-134) or
202	202
203	203
204	204
205	205
206	206
207	207	HB5219 - 5 - LRB103 37610 RLC 67736 b
208	208
209	209
210	210	HB5219- 6 -LRB103 37610 RLC 67736 b HB5219 - 6 - LRB103 37610 RLC 67736 b
211	211	HB5219 - 6 - LRB103 37610 RLC 67736 b
212	212	1 subdivision (a)(2)(vi) committed on or after June 1, 2008 (the
213	213	2 effective date of Public Act 95-625) or subdivision
214	214	3 (a)(2)(vii) committed on or after July 23, 2010 (the effective
215	215	4 date of Public Act 96-1224), and other than the offense of
216	216	5 aggravated driving under the influence of alcohol, other drug
217	217	6 or drugs, or intoxicating compound or compounds, or any
218	218	7 combination thereof as defined in subparagraph (F) of
219	219	8 paragraph (1) of subsection (d) of Section 11-501 of the
220	220	9 Illinois Vehicle Code, and other than the offense of
221	221	10 aggravated driving under the influence of alcohol, other drug
222	222	11 or drugs, or intoxicating compound or compounds, or any
223	223	12 combination thereof as defined in subparagraph (C) of
224	224	13 paragraph (1) of subsection (d) of Section 11-501 of the
225	225	14 Illinois Vehicle Code committed on or after January 1, 2011
226	226	15 (the effective date of Public Act 96-1230), the rules and
227	227	16 regulations shall provide that an incarcerated person a
228	228	17 prisoner who is serving a term of imprisonment shall receive
229	229	18 one day of sentence credit for each day of his or her sentence
230	230	19 of imprisonment or recommitment under Section 3-3-9. Each day
231	231	20 of sentence credit shall reduce by one day the incarcerated
232	232	21 person's prisoner's period of imprisonment or recommitment
233	233	22 under Section 3-3-9.
234	234	23 (2.2) An incarcerated person A prisoner serving a term of
235	235	24 natural life imprisonment shall be eligible to accumulate
236	236	25 sentencing credit if his or her sentence is reduced to less
237	237	26 than a sentence of natural life imprisonment, which shall be
238	238
239	239
240	240
241	241
242	242
243	243	HB5219 - 6 - LRB103 37610 RLC 67736 b
244	244
245	245
246	246	HB5219- 7 -LRB103 37610 RLC 67736 b HB5219 - 7 - LRB103 37610 RLC 67736 b
247	247	HB5219 - 7 - LRB103 37610 RLC 67736 b
248	248	1 credited toward his or her new sentence receive no sentence
249	249	2 credit.
250	250	3 (2.3) (Blank). Except as provided in paragraph (4.7) of
251	251	4 this subsection (a), the rules and regulations on sentence
252	252	5 credit shall provide that a prisoner who is serving a sentence
253	253	6 for aggravated driving under the influence of alcohol, other
254	254	7 drug or drugs, or intoxicating compound or compounds, or any
255	255	8 combination thereof as defined in subparagraph (F) of
256	256	9 paragraph (1) of subsection (d) of Section 11-501 of the
257	257	10 Illinois Vehicle Code, shall receive no more than 4.5 days of
258	258	11 sentence credit for each month of his or her sentence of
259	259	12 imprisonment.
260	260	13 (2.4) (Blank). Except as provided in paragraph (4.7) of
261	261	14 this subsection (a), the rules and regulations on sentence
262	262	15 credit shall provide with respect to the offenses of
263	263	16 aggravated battery with a machine gun or a firearm equipped
264	264	17 with any device or attachment designed or used for silencing
265	265	18 the report of a firearm or aggravated discharge of a machine
266	266	19 gun or a firearm equipped with any device or attachment
267	267	20 designed or used for silencing the report of a firearm,
268	268	21 committed on or after July 15, 1999 (the effective date of
269	269	22 Public Act 91-121), that a prisoner serving a sentence for any
270	270	23 of these offenses shall receive no more than 4.5 days of
271	271	24 sentence credit for each month of his or her sentence of
272	272	25 imprisonment.
273	273	26 (2.5) (Blank). Except as provided in paragraph (4.7) of
274	274
275	275
276	276
277	277
278	278
279	279	HB5219 - 7 - LRB103 37610 RLC 67736 b
280	280
281	281
282	282	HB5219- 8 -LRB103 37610 RLC 67736 b HB5219 - 8 - LRB103 37610 RLC 67736 b
283	283	HB5219 - 8 - LRB103 37610 RLC 67736 b
284	284	1 this subsection (a), the rules and regulations on sentence
285	285	2 credit shall provide that a prisoner who is serving a sentence
286	286	3 for aggravated arson committed on or after July 27, 2001 (the
287	287	4 effective date of Public Act 92-176) shall receive no more
288	288	5 than 4.5 days of sentence credit for each month of his or her
289	289	6 sentence of imprisonment.
290	290	7 (2.6) (Blank). Except as provided in paragraph (4.7) of
291	291	8 this subsection (a), the rules and regulations on sentence
292	292	9 credit shall provide that a prisoner who is serving a sentence
293	293	10 for aggravated driving under the influence of alcohol, other
294	294	11 drug or drugs, or intoxicating compound or compounds or any
295	295	12 combination thereof as defined in subparagraph (C) of
296	296	13 paragraph (1) of subsection (d) of Section 11-501 of the
297	297	14 Illinois Vehicle Code committed on or after January 1, 2011
298	298	15 (the effective date of Public Act 96-1230) shall receive no
299	299	16 more than 4.5 days of sentence credit for each month of his or
300	300	17 her sentence of imprisonment.
301	301	18 (3) In addition to the sentence credits earned under
302	302	19 paragraphs (2), (2.1), (4), (4.1), and (4.2), and (4.7) of
303	303	20 this subsection (a), the rules and regulations shall also
304	304	21 provide that the Director of Corrections or the Director of
305	305	22 Juvenile Justice may award up to 180 days of earned sentence
306	306	23 credit for incarcerated persons prisoners serving a sentence
307	307	24 of incarceration of less than 5 years, and up to 365 days of
308	308	25 earned sentence credit for incarcerated persons prisoners
309	309	26 serving a sentence of 5 years or longer. The Director may grant
310	310
311	311
312	312
313	313
314	314
315	315	HB5219 - 8 - LRB103 37610 RLC 67736 b
316	316
317	317
318	318	HB5219- 9 -LRB103 37610 RLC 67736 b HB5219 - 9 - LRB103 37610 RLC 67736 b
319	319	HB5219 - 9 - LRB103 37610 RLC 67736 b
320	320	1 this credit for good conduct in specific instances as either
321	321	2 Director deems proper for eligible persons in the custody of
322	322	3 each Director's respective Department. The good conduct may
323	323	4 include, but is not limited to, compliance with the rules and
324	324	5 regulations of the Department, service to the Department,
325	325	6 service to a community, or service to the State.
326	326	7 Incarcerated persons eligible Eligible inmates for an
327	327	8 award of earned sentence credit under this paragraph (3) may
328	328	9 be selected to receive the credit at either Director's or his
329	329	10 or her designee's sole discretion. Eligibility for the
330	330	11 additional earned sentence credit under this paragraph (3) may
331	331	12 be based on, but is not limited to, participation in
332	332	13 programming offered by the Department as appropriate for the
333	333	14 incarcerated person prisoner based on the results of any
334	334	15 available risk/needs assessment or other relevant assessments
335	335	16 or evaluations administered by the Department using a
336	336	17 validated instrument, the circumstances of the crime,
337	337	18 demonstrated commitment to rehabilitation by an incarcerated
338	338	19 person a prisoner with a history of conviction for a forcible
339	339	20 felony enumerated in Section 2-8 of the Criminal Code of 2012,
340	340	21 the incarcerated person's inmate's behavior and improvements
341	341	22 in disciplinary history while incarcerated, and the
342	342	23 incarcerated person's inmate's commitment to rehabilitation,
343	343	24 including participation in programming offered by the
344	344	25 Department.
345	345	26 The Director of Corrections or the Director of Juvenile
346	346
347	347
348	348
349	349
350	350
351	351	HB5219 - 9 - LRB103 37610 RLC 67736 b
352	352
353	353
354	354	HB5219- 10 -LRB103 37610 RLC 67736 b HB5219 - 10 - LRB103 37610 RLC 67736 b
355	355	HB5219 - 10 - LRB103 37610 RLC 67736 b
356	356	1 Justice shall not award sentence credit under this paragraph
357	357	2 (3) to an incarcerated person inmate unless the incarcerated
358	358	3 person inmate has served a minimum of 60 days of the sentence,
359	359	4 including time served in a county jail; except nothing in this
360	360	5 paragraph shall be construed to permit either Director to
361	361	6 extend an incarcerated person's inmate's sentence beyond that
362	362	7 which was imposed by the court. Prior to awarding credit under
363	363	8 this paragraph (3), each Director shall make a written
364	364	9 determination that the incarcerated person inmate:
365	365	10 (A) is eligible for the earned sentence credit;
366	366	11 (B) has served a minimum of 60 days, or as close to 60
367	367	12 days as the sentence will allow;
368	368	13 (B-1) has received a risk/needs assessment or other
369	369	14 relevant evaluation or assessment administered by the
370	370	15 Department using a validated instrument; and
371	371	16 (C) has met the eligibility criteria established by
372	372	17 rule for earned sentence credit.
373	373	18 The Director of Corrections or the Director of Juvenile
374	374	19 Justice shall determine the form and content of the written
375	375	20 determination required in this subsection.
376	376	21 (3.5) The Department shall provide annual written reports
377	377	22 to the Governor and the General Assembly on the award of earned
378	378	23 sentence credit no later than February 1 of each year. The
379	379	24 Department must publish both reports on its website within 48
380	380	25 hours of transmitting the reports to the Governor and the
381	381	26 General Assembly. The reports must include:
382	382
383	383
384	384
385	385
386	386
387	387	HB5219 - 10 - LRB103 37610 RLC 67736 b
388	388
389	389
390	390	HB5219- 11 -LRB103 37610 RLC 67736 b HB5219 - 11 - LRB103 37610 RLC 67736 b
391	391	HB5219 - 11 - LRB103 37610 RLC 67736 b
392	392	1 (A) the number of incarcerated persons inmates awarded
393	393	2 earned sentence credit;
394	394	3 (B) the average amount of earned sentence credit
395	395	4 awarded;
396	396	5 (C) the holding offenses of inmates awarded earned
397	397	6 sentence credit; and
398	398	7 (D) the number of earned sentence credit revocations.
399	399	8 (4)(A) The Except as provided in paragraph (4.7) of this
400	400	9 subsection (a), the rules and regulations shall also provide
401	401	10 that any incarcerated person prisoner who is engaged full-time
402	402	11 in substance abuse programs, correctional industry
403	403	12 assignments, educational programs, work-release programs or
404	404	13 activities in accordance with Article 13 of Chapter III of
405	405	14 this Code, behavior modification programs, life skills
406	406	15 courses, or re-entry planning provided by the Department under
407	407	16 this paragraph (4) and satisfactorily completes the assigned
408	408	17 program as determined by the standards of the Department,
409	409	18 shall receive one day of sentence credit for each day in which
410	410	19 that incarcerated person prisoner is engaged in the activities
411	411	20 described in this paragraph. The rules and regulations shall
412	412	21 also provide that sentence credit may be provided to an
413	413	22 incarcerated person inmate who was held in pre-trial detention
414	414	23 prior to his or her current commitment to the Department of
415	415	24 Corrections and successfully completed a full-time, 60-day or
416	416	25 longer substance abuse program, educational program, behavior
417	417	26 modification program, life skills course, or re-entry planning
418	418
419	419
420	420
421	421
422	422
423	423	HB5219 - 11 - LRB103 37610 RLC 67736 b
424	424
425	425
426	426	HB5219- 12 -LRB103 37610 RLC 67736 b HB5219 - 12 - LRB103 37610 RLC 67736 b
427	427	HB5219 - 12 - LRB103 37610 RLC 67736 b
428	428	1 provided by the county department of corrections or county
429	429	2 jail. Calculation of this county program credit shall be done
430	430	3 at sentencing as provided in Section 5-4.5-100 of this Code
431	431	4 and shall be included in the sentencing order. The rules and
432	432	5 regulations shall also provide that sentence credit may be
433	433	6 provided to an incarcerated person inmate who is in compliance
434	434	7 with programming requirements in an adult transition center.
435	435	8 (B) The Department shall award sentence credit under this
436	436	9 paragraph (4) accumulated prior to January 1, 2020 (the
437	437	10 effective date of Public Act 101-440) in an amount specified
438	438	11 in subparagraph (C) of this paragraph (4) to an incarcerated
439	439	12 person inmate serving a sentence for an offense committed
440	440	13 prior to June 19, 1998, if the Department determines that the
441	441	14 incarcerated person inmate is entitled to this sentence
442	442	15 credit, based upon:
443	443	16 (i) documentation provided by the Department that the
444	444	17 inmate engaged in any full-time substance abuse programs,
445	445	18 correctional industry assignments, educational programs,
446	446	19 behavior modification programs, life skills courses, or
447	447	20 re-entry planning provided by the Department under this
448	448	21 paragraph (4) and satisfactorily completed the assigned
449	449	22 program as determined by the standards of the Department
450	450	23 during the incarcerated person's inmate's current term of
451	451	24 incarceration; or
452	452	25 (ii) the incarcerated person's inmate's own testimony
453	453	26 in the form of an affidavit or documentation, or a third
454	454
455	455
456	456
457	457
458	458
459	459	HB5219 - 12 - LRB103 37610 RLC 67736 b
460	460
461	461
462	462	HB5219- 13 -LRB103 37610 RLC 67736 b HB5219 - 13 - LRB103 37610 RLC 67736 b
463	463	HB5219 - 13 - LRB103 37610 RLC 67736 b
464	464	1 party's documentation or testimony in the form of an
465	465	2 affidavit that the incarcerated person inmate likely
466	466	3 engaged in any full-time substance abuse programs,
467	467	4 correctional industry assignments, educational programs,
468	468	5 behavior modification programs, life skills courses, or
469	469	6 re-entry planning provided by the Department under
470	470	7 paragraph (4) and satisfactorily completed the assigned
471	471	8 program as determined by the standards of the Department
472	472	9 during the incarcerated person's inmate's current term of
473	473	10 incarceration.
474	474	11 (C) If the incarcerated person inmate can provide
475	475	12 documentation that he or she is entitled to sentence credit
476	476	13 under subparagraph (B) in excess of 45 days of participation
477	477	14 in those programs, the incarcerated person inmate shall
478	478	15 receive 90 days of sentence credit. If the incarcerated person
479	479	16 inmate cannot provide documentation of more than 45 days of
480	480	17 participation in those programs, the incarcerated person
481	481	18 inmate shall receive 45 days of sentence credit. In the event
482	482	19 of a disagreement between the Department and the incarcerated
483	483	20 person inmate as to the amount of credit accumulated under
484	484	21 subparagraph (B), if the Department provides documented proof
485	485	22 of a lesser amount of days of participation in those programs,
486	486	23 that proof shall control. If the Department provides no
487	487	24 documentary proof, the incarcerated person's inmate's proof as
488	488	25 set forth in clause (ii) of subparagraph (B) shall control as
489	489	26 to the amount of sentence credit provided.
490	490
491	491
492	492
493	493
494	494
495	495	HB5219 - 13 - LRB103 37610 RLC 67736 b
496	496
497	497
498	498	HB5219- 14 -LRB103 37610 RLC 67736 b HB5219 - 14 - LRB103 37610 RLC 67736 b
499	499	HB5219 - 14 - LRB103 37610 RLC 67736 b
500	500	1 (D) If the incarcerated person inmate has been convicted
501	501	2 of a sex offense as defined in Section 2 of the Sex Offender
502	502	3 Registration Act, sentencing credits under subparagraph (B) of
503	503	4 this paragraph (4) shall be awarded by the Department only if
504	504	5 the conditions set forth in paragraph (4.6) of subsection (a)
505	505	6 are satisfied. No incarcerated person inmate serving a term of
506	506	7 natural life imprisonment shall receive sentence credit under
507	507	8 subparagraph (B) of this paragraph (4) except in the case that
508	508	9 his or her sentence is later reduced as provided under
509	509	10 paragraph (2.2) of subsection (a).
510	510	11 (E) The rules and regulations shall provide for the
511	511	12 recalculation of program credits awarded pursuant to this
512	512	13 paragraph (4) prior to July 1, 2021 (the effective date of
513	513	14 Public Act 101-652) at the rate set for such credits on and
514	514	15 after July 1, 2021.
515	515	16 Educational, vocational, substance abuse, behavior
516	516	17 modification programs, life skills courses, re-entry planning,
517	517	18 and correctional industry programs under which sentence credit
518	518	19 may be earned under this paragraph (4) and paragraph (4.1) of
519	519	20 this subsection (a) shall be evaluated by the Department on
520	520	21 the basis of documented standards. The Department shall report
521	521	22 the results of these evaluations to the Governor and the
522	522	23 General Assembly by September 30th of each year. The reports
523	523	24 shall include data relating to the recidivism rate among
524	524	25 program participants.
525	525	26 Availability of these programs shall be subject to the
526	526
527	527
528	528
529	529
530	530
531	531	HB5219 - 14 - LRB103 37610 RLC 67736 b
532	532
533	533
534	534	HB5219- 15 -LRB103 37610 RLC 67736 b HB5219 - 15 - LRB103 37610 RLC 67736 b
535	535	HB5219 - 15 - LRB103 37610 RLC 67736 b
536	536	1 limits of fiscal resources appropriated by the General
537	537	2 Assembly for these purposes. Eligible incarcerated persons
538	538	3 inmates who are denied immediate admission shall be placed on
539	539	4 a waiting list under criteria established by the Department.
540	540	5 The rules and regulations shall provide that an incarcerated
541	541	6 person a prisoner who has been placed on a waiting list but is
542	542	7 transferred for non-disciplinary reasons before beginning a
543	543	8 program shall receive priority placement on the waitlist for
544	544	9 appropriate programs at the new facility. The inability of any
545	545	10 incarcerated person inmate to become engaged in any such
546	546	11 programs by reason of insufficient program resources or for
547	547	12 any other reason established under the rules and regulations
548	548	13 of the Department shall not be deemed a cause of action under
549	549	14 which the Department or any employee or agent of the
550	550	15 Department shall be liable for damages to the incarcerated
551	551	16 person inmate. The rules and regulations shall provide that an
552	552	17 incarcerated person a prisoner who begins an educational,
553	553	18 vocational, substance abuse, work-release programs or
554	554	19 activities in accordance with Article 13 of Chapter III of
555	555	20 this Code, behavior modification program, life skills course,
556	556	21 re-entry planning, or correctional industry programs but is
557	557	22 unable to complete the program due to illness, disability,
558	558	23 transfer, lockdown, or another reason outside of the
559	559	24 incarcerated person's prisoner's control shall receive
560	560	25 prorated sentence credits for the days in which the
561	561	26 incarcerated person prisoner did participate.
562	562
563	563
564	564
565	565
566	566
567	567	HB5219 - 15 - LRB103 37610 RLC 67736 b
568	568
569	569
570	570	HB5219- 16 -LRB103 37610 RLC 67736 b HB5219 - 16 - LRB103 37610 RLC 67736 b
571	571	HB5219 - 16 - LRB103 37610 RLC 67736 b
572	572	1 (4.1) Except as provided in paragraph (4.7) of this
573	573	2 subsection (a), the rules and regulations shall also provide
574	574	3 that an additional 90 days of sentence credit shall be awarded
575	575	4 to any incarcerated person prisoner who passes high school
576	576	5 equivalency testing while the incarcerated person prisoner is
577	577	6 committed to the Department of Corrections. The sentence
578	578	7 credit awarded under this paragraph (4.1) shall be in addition
579	579	8 to, and shall not affect, the award of sentence credit under
580	580	9 any other paragraph of this Section, but shall also be
581	581	10 pursuant to the guidelines and restrictions set forth in
582	582	11 paragraph (4) of subsection (a) of this Section. The sentence
583	583	12 credit provided for in this paragraph shall be available only
584	584	13 to those incarcerated persons prisoners who have not
585	585	14 previously earned a high school diploma or a State of Illinois
586	586	15 High School Diploma. If, after an award of the high school
587	587	16 equivalency testing sentence credit has been made, the
588	588	17 Department determines that the incarcerated person prisoner
589	589	18 was not eligible, then the award shall be revoked. The
590	590	19 Department may also award 90 days of sentence credit to any
591	591	20 committed person who passed high school equivalency testing
592	592	21 while he or she was held in pre-trial detention prior to the
593	593	22 current commitment to the Department of Corrections. Except as
594	594	23 provided in paragraph (4.7) of this subsection (a), the rules
595	595	24 and regulations shall provide that an additional 120 days of
596	596	25 sentence credit shall be awarded to any incarcerated person
597	597	26 prisoner who obtains an associate degree while the
598	598
599	599
600	600
601	601
602	602
603	603	HB5219 - 16 - LRB103 37610 RLC 67736 b
604	604
605	605
606	606	HB5219- 17 -LRB103 37610 RLC 67736 b HB5219 - 17 - LRB103 37610 RLC 67736 b
607	607	HB5219 - 17 - LRB103 37610 RLC 67736 b
608	608	1 incarcerated person prisoner is committed to the Department of
609	609	2 Corrections, regardless of the date that the associate degree
610	610	3 was obtained, including if prior to July 1, 2021 (the
611	611	4 effective date of Public Act 101-652). The sentence credit
612	612	5 awarded under this paragraph (4.1) shall be in addition to,
613	613	6 and shall not affect, the award of sentence credit under any
614	614	7 other paragraph of this Section, but shall also be under the
615	615	8 guidelines and restrictions set forth in paragraph (4) of
616	616	9 subsection (a) of this Section. The sentence credit provided
617	617	10 for in this paragraph (4.1) shall be available only to those
618	618	11 incarcerated persons prisoners who have not previously earned
619	619	12 an associate degree prior to the current commitment to the
620	620	13 Department of Corrections. If, after an award of the associate
621	621	14 degree sentence credit has been made and the Department
622	622	15 determines that the incarcerated person prisoner was not
623	623	16 eligible, then the award shall be revoked. The Department may
624	624	17 also award 120 days of sentence credit to any committed person
625	625	18 who earned an associate degree while he or she was held in
626	626	19 pre-trial detention prior to the current commitment to the
627	627	20 Department of Corrections.
628	628	21 Except as provided in paragraph (4.7) of this subsection
629	629	22 (a), the rules and regulations shall provide that an
630	630	23 additional 180 days of sentence credit shall be awarded to any
631	631	24 incarcerated person prisoner who obtains a bachelor's degree
632	632	25 while the incarcerated person prisoner is committed to the
633	633	26 Department of Corrections. The sentence credit awarded under
634	634
635	635
636	636
637	637
638	638
639	639	HB5219 - 17 - LRB103 37610 RLC 67736 b
640	640
641	641
642	642	HB5219- 18 -LRB103 37610 RLC 67736 b HB5219 - 18 - LRB103 37610 RLC 67736 b
643	643	HB5219 - 18 - LRB103 37610 RLC 67736 b
644	644	1 this paragraph (4.1) shall be in addition to, and shall not
645	645	2 affect, the award of sentence credit under any other paragraph
646	646	3 of this Section, but shall also be under the guidelines and
647	647	4 restrictions set forth in paragraph (4) of this subsection
648	648	5 (a). The sentence credit provided for in this paragraph shall
649	649	6 be available only to those incarcerated persons prisoners who
650	650	7 have not earned a bachelor's degree prior to the current
651	651	8 commitment to the Department of Corrections. If, after an
652	652	9 award of the bachelor's degree sentence credit has been made,
653	653	10 the Department determines that the incarcerated person
654	654	11 prisoner was not eligible, then the award shall be revoked.
655	655	12 The Department may also award 180 days of sentence credit to
656	656	13 any committed person who earned a bachelor's degree while he
657	657	14 or she was held in pre-trial detention prior to the current
658	658	15 commitment to the Department of Corrections.
659	659	16 Except as provided in paragraph (4.7) of this subsection
660	660	17 (a), the rules and regulations shall provide that an
661	661	18 additional 180 days of sentence credit shall be awarded to any
662	662	19 incarcerated person prisoner who obtains a master's or
663	663	20 professional degree while the incarcerated person prisoner is
664	664	21 committed to the Department of Corrections. The sentence
665	665	22 credit awarded under this paragraph (4.1) shall be in addition
666	666	23 to, and shall not affect, the award of sentence credit under
667	667	24 any other paragraph of this Section, but shall also be under
668	668	25 the guidelines and restrictions set forth in paragraph (4) of
669	669	26 this subsection (a). The sentence credit provided for in this
670	670
671	671
672	672
673	673
674	674
675	675	HB5219 - 18 - LRB103 37610 RLC 67736 b
676	676
677	677
678	678	HB5219- 19 -LRB103 37610 RLC 67736 b HB5219 - 19 - LRB103 37610 RLC 67736 b
679	679	HB5219 - 19 - LRB103 37610 RLC 67736 b
680	680	1 paragraph shall be available only to those incarcerated
681	681	2 persons prisoners who have not previously earned a master's or
682	682	3 professional degree prior to the current commitment to the
683	683	4 Department of Corrections. If, after an award of the master's
684	684	5 or professional degree sentence credit has been made, the
685	685	6 Department determines that the incarcerated person prisoner
686	686	7 was not eligible, then the award shall be revoked. The
687	687	8 Department may also award 180 days of sentence credit to any
688	688	9 committed person who earned a master's or professional degree
689	689	10 while he or she was held in pre-trial detention prior to the
690	690	11 current commitment to the Department of Corrections.
691	691	12 (4.2)(A) The rules and regulations shall also provide that
692	692	13 any incarcerated person prisoner engaged in self-improvement
693	693	14 programs, volunteer work, or work assignments that are not
694	694	15 otherwise eligible activities under paragraph (4), shall
695	695	16 receive up to 0.5 days of sentence credit for each day in which
696	696	17 the incarcerated person prisoner is engaged in activities
697	697	18 described in this paragraph.
698	698	19 (B) The rules and regulations shall provide for the award
699	699	20 of sentence credit under this paragraph (4.2) for qualifying
700	700	21 days of engagement in eligible activities occurring prior to
701	701	22 July 1, 2021 (the effective date of Public Act 101-652).
702	702	23 (4.5) The rules and regulations on sentence credit shall
703	703	24 also provide that when the court's sentencing order recommends
704	704	25 an incarcerated person a prisoner for substance abuse
705	705	26 treatment and the crime was committed on or after September 1,
706	706
707	707
708	708
709	709
710	710
711	711	HB5219 - 19 - LRB103 37610 RLC 67736 b
712	712
713	713
714	714	HB5219- 20 -LRB103 37610 RLC 67736 b HB5219 - 20 - LRB103 37610 RLC 67736 b
715	715	HB5219 - 20 - LRB103 37610 RLC 67736 b
716	716	1 2003 (the effective date of Public Act 93-354), the
717	717	2 incarcerated person prisoner shall receive no sentence credit
718	718	3 awarded under clause (3) of this subsection (a) unless he or
719	719	4 she participates in and completes a substance abuse treatment
720	720	5 program. The Director of Corrections may waive the requirement
721	721	6 to participate in or complete a substance abuse treatment
722	722	7 program in specific instances if the incarcerated person
723	723	8 prisoner is not a good candidate for a substance abuse
724	724	9 treatment program for medical, programming, or operational
725	725	10 reasons. Availability of substance abuse treatment shall be
726	726	11 subject to the limits of fiscal resources appropriated by the
727	727	12 General Assembly for these purposes. If treatment is not
728	728	13 available and the requirement to participate and complete the
729	729	14 treatment has not been waived by the Director, the
730	730	15 incarcerated person prisoner shall be placed on a waiting list
731	731	16 under criteria established by the Department. The Director may
732	732	17 allow a prisoner placed on a waiting list to participate in and
733	733	18 complete a substance abuse education class or attend substance
734	734	19 abuse self-help meetings in lieu of a substance abuse
735	735	20 treatment program. An incarcerated person A prisoner on a
736	736	21 waiting list who is not placed in a substance abuse program
737	737	22 prior to release may be eligible for a waiver and receive
738	738	23 sentence credit under clause (3) of this subsection (a) at the
739	739	24 discretion of the Director.
740	740	25 (4.6) The rules and regulations on sentence credit shall
741	741	26 also provide that an incarcerated person a prisoner who has
742	742
743	743
744	744
745	745
746	746
747	747	HB5219 - 20 - LRB103 37610 RLC 67736 b
748	748
749	749
750	750	HB5219- 21 -LRB103 37610 RLC 67736 b HB5219 - 21 - LRB103 37610 RLC 67736 b
751	751	HB5219 - 21 - LRB103 37610 RLC 67736 b
752	752	1 been convicted of a sex offense as defined in Section 2 of the
753	753	2 Sex Offender Registration Act shall receive no sentence credit
754	754	3 unless he or she either has successfully completed or is
755	755	4 participating in sex offender treatment as defined by the Sex
756	756	5 Offender Management Board. However, incarcerated persons
757	757	6 prisoners who are waiting to receive treatment, but who are
758	758	7 unable to do so due solely to the lack of resources on the part
759	759	8 of the Department, may, at either Director's sole discretion,
760	760	9 be awarded sentence credit at a rate as the Director shall
761	761	10 determine.
762	762	11 (4.7) (Blank). On or after January 1, 2018 (the effective
763	763	12 date of Public Act 100-3), sentence credit under paragraph
764	764	13 (3), (4), or (4.1) of this subsection (a) may be awarded to a
765	765	14 prisoner who is serving a sentence for an offense described in
766	766	15 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
767	767	16 on or after January 1, 2018 (the effective date of Public Act
768	768	17 100-3); provided, the award of the credits under this
769	769	18 paragraph (4.7) shall not reduce the sentence of the prisoner
770	770	19 to less than the following amounts:
771	771	20 (i) 85% of his or her sentence if the prisoner is
772	772	21 required to serve 85% of his or her sentence; or
773	773	22 (ii) 60% of his or her sentence if the prisoner is
774	774	23 required to serve 75% of his or her sentence, except if the
775	775	24 prisoner is serving a sentence for gunrunning his or her
776	776	25 sentence shall not be reduced to less than 75%.
777	777	26 (iii) 100% of his or her sentence if the prisoner is
778	778
779	779
780	780
781	781
782	782
783	783	HB5219 - 21 - LRB103 37610 RLC 67736 b
784	784
785	785
786	786	HB5219- 22 -LRB103 37610 RLC 67736 b HB5219 - 22 - LRB103 37610 RLC 67736 b
787	787	HB5219 - 22 - LRB103 37610 RLC 67736 b
788	788	1 required to serve 100% of his or her sentence.
789	789	2 (5) Whenever the Department is to release any incarcerated
790	790	3 person inmate earlier than it otherwise would because of a
791	791	4 grant of earned sentence credit under paragraph (3) of
792	792	5 subsection (a) of this Section given at any time during the
793	793	6 term, the Department shall give reasonable notice of the
794	794	7 impending release not less than 14 days prior to the date of
795	795	8 the release to the State's Attorney of the county where the
796	796	9 prosecution of the incarcerated person inmate took place, and
797	797	10 if applicable, the State's Attorney of the county into which
798	798	11 the incarcerated person inmate will be released. The
799	799	12 Department must also make identification information and a
800	800	13 recent photo of the incarcerated person inmate being released
801	801	14 accessible on the Internet by means of a hyperlink labeled
802	802	15 "Community Notification of Inmate Early Release" on the
803	803	16 Department's World Wide Web homepage. The identification
804	804	17 information shall include the incarcerated person's inmate's:
805	805	18 name, any known alias, date of birth, physical
806	806	19 characteristics, commitment offense, and county where
807	807	20 conviction was imposed. The identification information shall
808	808	21 be placed on the website within 3 days of the incarcerated
809	809	22 person's inmate's release and the information may not be
810	810	23 removed until either: completion of the first year of
811	811	24 mandatory supervised release or return of the incarcerated
812	812	25 person inmate to custody of the Department.
813	813	26 (b) Whenever a person is or has been committed under
814	814
815	815
816	816
817	817
818	818
819	819	HB5219 - 22 - LRB103 37610 RLC 67736 b
820	820
821	821
822	822	HB5219- 23 -LRB103 37610 RLC 67736 b HB5219 - 23 - LRB103 37610 RLC 67736 b
823	823	HB5219 - 23 - LRB103 37610 RLC 67736 b
824	824	1 several convictions, with separate sentences, the sentences
825	825	2 shall be construed under Section 5-8-4 in granting and
826	826	3 forfeiting of sentence credit.
827	827	4 (c) (1) The Department shall prescribe rules and
828	828	5 regulations for revoking sentence credit, including revoking
829	829	6 sentence credit awarded under paragraph (3) of subsection (a)
830	830	7 of this Section. The Department shall prescribe rules and
831	831	8 regulations establishing and requiring the use of a sanctions
832	832	9 matrix for revoking sentence credit. The Department shall
833	833	10 prescribe rules and regulations for suspending or reducing the
834	834	11 rate of accumulation of sentence credit for specific rule
835	835	12 violations, during imprisonment. These rules and regulations
836	836	13 shall provide that no incarcerated person inmate may be
837	837	14 penalized more than one year of sentence credit for any one
838	838	15 infraction.
839	839	16 (2) When the Department seeks to revoke, suspend, or
840	840	17 reduce the rate of accumulation of any sentence credits for an
841	841	18 alleged infraction of its rules, it shall bring charges
842	842	19 therefor against the incarcerated person prisoner sought to be
843	843	20 so deprived of sentence credits before the Prisoner Review
844	844	21 Board as provided in subparagraph (a)(4) of Section 3-3-2 of
845	845	22 this Code, if the amount of credit at issue exceeds 30 days,
846	846	23 whether from one infraction or cumulatively from multiple
847	847	24 infractions arising out of a single event, or when, during any
848	848	25 12-month period, the cumulative amount of credit revoked
849	849	26 exceeds 30 days except where the infraction is committed or
850	850
851	851
852	852
853	853
854	854
855	855	HB5219 - 23 - LRB103 37610 RLC 67736 b
856	856
857	857
858	858	HB5219- 24 -LRB103 37610 RLC 67736 b HB5219 - 24 - LRB103 37610 RLC 67736 b
859	859	HB5219 - 24 - LRB103 37610 RLC 67736 b
860	860	1 discovered within 60 days of scheduled release. In those
861	861	2 cases, the Department of Corrections may revoke up to 30 days
862	862	3 of sentence credit. The Board may subsequently approve the
863	863	4 revocation of additional sentence credit, if the Department
864	864	5 seeks to revoke sentence credit in excess of 30 days. However,
865	865	6 the Board shall not be empowered to review the Department's
866	866	7 decision with respect to the loss of 30 days of sentence credit
867	867	8 within any calendar year for any incarcerated person prisoner
868	868	9 or to increase any penalty beyond the length requested by the
869	869	10 Department.
870	870	11 (3) The Director of Corrections or the Director of
871	871	12 Juvenile Justice, in appropriate cases, may restore sentence
872	872	13 credits which have been revoked, suspended, or reduced. The
873	873	14 Department shall prescribe rules and regulations governing the
874	874	15 restoration of sentence credits. These rules and regulations
875	875	16 shall provide for the automatic restoration of sentence
876	876	17 credits following a period in which the incarcerated person
877	877	18 prisoner maintains a record without a disciplinary violation.
878	878	19 Nothing contained in this Section shall prohibit the
879	879	20 Prisoner Review Board from ordering, pursuant to Section
880	880	21 3-3-9(a)(3)(i)(B), that an incarcerated person a prisoner
881	881	22 serve up to one year of the sentence imposed by the court that
882	882	23 was not served due to the accumulation of sentence credit.
883	883	24 (d) If a lawsuit is filed by an incarcerated person a
884	884	25 prisoner in an Illinois or federal court against the State,
885	885	26 the Department of Corrections, or the Prisoner Review Board,
886	886
887	887
888	888
889	889
890	890
891	891	HB5219 - 24 - LRB103 37610 RLC 67736 b
892	892
893	893
894	894	HB5219- 25 -LRB103 37610 RLC 67736 b HB5219 - 25 - LRB103 37610 RLC 67736 b
895	895	HB5219 - 25 - LRB103 37610 RLC 67736 b
896	896	1 or against any of their officers or employees, and the court
897	897	2 makes a specific finding that a pleading, motion, or other
898	898	3 paper filed by the incarcerated person prisoner is frivolous,
899	899	4 the Department of Corrections shall conduct a hearing to
900	900	5 revoke up to 180 days of sentence credit by bringing charges
901	901	6 against the incarcerated person prisoner sought to be deprived
902	902	7 of the sentence credits before the Prisoner Review Board as
903	903	8 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
904	904	9 If the incarcerated person prisoner has not accumulated 180
905	905	10 days of sentence credit at the time of the finding, then the
906	906	11 Prisoner Review Board may revoke all sentence credit
907	907	12 accumulated by the incarcerated person prisoner.
908	908	13 For purposes of this subsection (d):
909	909	14 (1) "Frivolous" means that a pleading, motion, or
910	910	15 other filing which purports to be a legal document filed
911	911	16 by an incarcerated person a prisoner in his or her lawsuit
912	912	17 meets any or all of the following criteria:
913	913	18 (A) it lacks an arguable basis either in law or in
914	914	19 fact;
915	915	20 (B) it is being presented for any improper
916	916	21 purpose, such as to harass or to cause unnecessary
917	917	22 delay or needless increase in the cost of litigation;
918	918	23 (C) the claims, defenses, and other legal
919	919	24 contentions therein are not warranted by existing law
920	920	25 or by a nonfrivolous argument for the extension,
921	921	26 modification, or reversal of existing law or the
922	922
923	923
924	924
925	925
926	926
927	927	HB5219 - 25 - LRB103 37610 RLC 67736 b
928	928
929	929
930	930	HB5219- 26 -LRB103 37610 RLC 67736 b HB5219 - 26 - LRB103 37610 RLC 67736 b
931	931	HB5219 - 26 - LRB103 37610 RLC 67736 b
932	932	1 establishment of new law;
933	933	2 (D) the allegations and other factual contentions
934	934	3 do not have evidentiary support or, if specifically so
935	935	4 identified, are not likely to have evidentiary support
936	936	5 after a reasonable opportunity for further
937	937	6 investigation or discovery; or
938	938	7 (E) the denials of factual contentions are not
939	939	8 warranted on the evidence, or if specifically so
940	940	9 identified, are not reasonably based on a lack of
941	941	10 information or belief.
942	942	11 (2) "Lawsuit" means a motion pursuant to Section 116-3
943	943	12 of the Code of Criminal Procedure of 1963, a habeas corpus
944	944	13 action under Article X of the Code of Civil Procedure or
945	945	14 under federal law (28 U.S.C. 2254), a petition for claim
946	946	15 under the Court of Claims Act, an action under the federal
947	947	16 Civil Rights Act (42 U.S.C. 1983), or a second or
948	948	17 subsequent petition for post-conviction relief under
949	949	18 Article 122 of the Code of Criminal Procedure of 1963
950	950	19 whether filed with or without leave of court or a second or
951	951	20 subsequent petition for relief from judgment under Section
952	952	21 2-1401 of the Code of Civil Procedure.
953	953	22 (e) Nothing in Public Act 90-592 or 90-593 affects the
954	954	23 validity of Public Act 89-404.
955	955	24 (f) Whenever the Department is to release any incarcerated
956	956	25 person inmate who has been convicted of a violation of an order
957	957	26 of protection under Section 12-3.4 or 12-30 of the Criminal
958	958
959	959
960	960
961	961
962	962
963	963	HB5219 - 26 - LRB103 37610 RLC 67736 b
964	964
965	965
966	966	HB5219- 27 -LRB103 37610 RLC 67736 b HB5219 - 27 - LRB103 37610 RLC 67736 b
967	967	HB5219 - 27 - LRB103 37610 RLC 67736 b
968	968	1 Code of 1961 or the Criminal Code of 2012, earlier than it
969	969	2 otherwise would because of a grant of sentence credit, the
970	970	3 Department, as a condition of release, shall require that the
971	971	4 person, upon release, be placed under electronic surveillance
972	972	5 as provided in Section 5-8A-7 of this Code.
973	973	6 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
974	974	7 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
975	975	8 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
976	976	9 12-15-23.)
977	977
978	978
979	979
980	980
981	981
982	982	HB5219 - 27 - LRB103 37610 RLC 67736 b