Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2060 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 SB2060 Introduced 2/9/2023, by Sen. Chapin Rose 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 serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. LRB103 25246 RLC 51590 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2060 Introduced 2/9/2023, by Sen. Chapin Rose 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 serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. LRB103 25246 RLC 51590 b LRB103 25246 RLC 51590 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2060 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3	3	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
4	4	730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
5	5	Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
6	6	LRB103 25246 RLC 51590 b LRB103 25246 RLC 51590 b
7	7	LRB103 25246 RLC 51590 b
8	8	A BILL FOR
9	9	SB2060LRB103 25246 RLC 51590 b SB2060 LRB103 25246 RLC 51590 b
10	10	SB2060 LRB103 25246 RLC 51590 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) (from Ch. 38, par. 1003-6-3)
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
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2060 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
38	38	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
39	39	730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
40	40	Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery in which the victim was a peace officer committed on or after the effective date of the amendatory Act shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
41	41	LRB103 25246 RLC 51590 b LRB103 25246 RLC 51590 b
42	42	LRB103 25246 RLC 51590 b
43	43	A BILL FOR
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49	49	730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
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68	68	1 (C) service to the institution, service to a
69	69	2 community, or service to the State.
70	70	3 (2) Except as provided in paragraph (4.7) of this
71	71	4 subsection (a), the rules and regulations on sentence credit
72	72	5 shall provide, with respect to offenses listed in clause (i),
73	73	6 (ii), or (iii) of this paragraph (2) committed on or after June
74	74	7 19, 1998 or with respect to the offense listed in clause (iv)
75	75	8 of this paragraph (2) committed on or after June 23, 2005 (the
76	76	9 effective date of Public Act 94-71) or with respect to offense
77	77	10 listed in clause (vi) committed on or after June 1, 2008 (the
78	78	11 effective date of Public Act 95-625) or with respect to the
79	79	12 offense of being an armed habitual criminal committed on or
80	80	13 after August 2, 2005 (the effective date of Public Act 94-398)
81	81	14 or with respect to the offenses listed in clause (v) of this
82	82	15 paragraph (2) committed on or after August 13, 2007 (the
83	83	16 effective date of Public Act 95-134) or with respect to the
84	84	17 offense of aggravated domestic battery committed on or after
85	85	18 July 23, 2010 (the effective date of Public Act 96-1224) or
86	86	19 with respect to the offense of attempt to commit terrorism
87	87	20 committed on or after January 1, 2013 (the effective date of
88	88	21 Public Act 97-990) or with respect to the offense of
89	89	22 aggravated battery under paragraph (4) of subsection (d) of
90	90	23 Section 12-3.05 of the Criminal Code of 2012 in which the
91	91	24 victim was a peace officer committed on or after the effective
92	92	25 date of this amendatory Act of the 103rd General Assembly, the
93	93	26 following:
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104	104	1 (i) that a prisoner who is serving a term of
105	105	2 imprisonment for first degree murder or for the offense of
106	106	3 terrorism shall receive no sentence credit and shall serve
107	107	4 the entire sentence imposed by the court;
108	108	5 (ii) that a prisoner serving a sentence for attempt to
109	109	6 commit terrorism, attempt to commit first degree murder,
110	110	7 solicitation of murder, solicitation of murder for hire,
111	111	8 intentional homicide of an unborn child, predatory
112	112	9 criminal sexual assault of a child, aggravated criminal
113	113	10 sexual assault, criminal sexual assault, aggravated
114	114	11 kidnapping, aggravated battery with a firearm as described
115	115	12 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
116	116	13 or (e)(4) of Section 12-3.05, heinous battery as described
117	117	14 in Section 12-4.1 or subdivision (a)(2) of Section
118	118	15 12-3.05, being an armed habitual criminal, aggravated
119	119	16 battery of a senior citizen as described in Section 12-4.6
120	120	17 or subdivision (a)(4) of Section 12-3.05, or aggravated
121	121	18 battery of a child as described in Section 12-4.3 or
122	122	19 subdivision (b)(1) of Section 12-3.05 shall receive no
123	123	20 more than 4.5 days of sentence credit for each month of his
124	124	21 or her sentence of imprisonment;
125	125	22 (iii) that a prisoner serving a sentence for home
126	126	23 invasion, armed robbery, aggravated vehicular hijacking,
127	127	24 aggravated discharge of a firearm, or armed violence with
128	128	25 a category I weapon or category II weapon, when the court
129	129	26 has made and entered a finding, pursuant to subsection
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140	140	1 (c-1) of Section 5-4-1 of this Code, that the conduct
141	141	2 leading to conviction for the enumerated offense resulted
142	142	3 in great bodily harm to a victim, shall receive no more
143	143	4 than 4.5 days of sentence credit for each month of his or
144	144	5 her sentence of imprisonment;
145	145	6 (iv) that a prisoner serving a sentence for aggravated
146	146	7 discharge of a firearm, whether or not the conduct leading
147	147	8 to conviction for the offense resulted in great bodily
148	148	9 harm to the victim, shall receive no more than 4.5 days of
149	149	10 sentence credit for each month of his or her sentence of
150	150	11 imprisonment;
151	151	12 (v) that a person serving a sentence for gunrunning,
152	152	13 narcotics racketeering, controlled substance trafficking,
153	153	14 methamphetamine trafficking, drug-induced homicide,
154	154	15 aggravated methamphetamine-related child endangerment,
155	155	16 money laundering pursuant to clause (c) (4) or (5) of
156	156	17 Section 29B-1 of the Criminal Code of 1961 or the Criminal
157	157	18 Code of 2012, or a Class X felony conviction for delivery
158	158	19 of a controlled substance, possession of a controlled
159	159	20 substance with intent to manufacture or deliver,
160	160	21 calculated criminal drug conspiracy, criminal drug
161	161	22 conspiracy, street gang criminal drug conspiracy,
162	162	23 participation in methamphetamine manufacturing,
163	163	24 aggravated participation in methamphetamine
164	164	25 manufacturing, delivery of methamphetamine, possession
165	165	26 with intent to deliver methamphetamine, aggravated
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176	176	1 delivery of methamphetamine, aggravated possession with
177	177	2 intent to deliver methamphetamine, methamphetamine
178	178	3 conspiracy when the substance containing the controlled
179	179	4 substance or methamphetamine is 100 grams or more shall
180	180	5 receive no more than 7.5 days sentence credit for each
181	181	6 month of his or her sentence of imprisonment;
182	182	7 (vi) that a prisoner serving a sentence for a second
183	183	8 or subsequent offense of luring a minor shall receive no
184	184	9 more than 4.5 days of sentence credit for each month of his
185	185	10 or her sentence of imprisonment; and
186	186	11 (vii) that a prisoner serving a sentence for
187	187	12 aggravated domestic battery shall receive no more than 4.5
188	188	13 days of sentence credit for each month of his or her
189	189	14 sentence of imprisonment; and .
190	190	15 (viii) that a prisoner serving a sentence for
191	191	16 aggravated battery under paragraph (4) of subsection (d)
192	192	17 of Section 12-3.05 of the Criminal Code of 2012 in which
193	193	18 the victim was a peace officer shall receive no more than
194	194	19 4.5 days of sentence credit for each month of his or her
195	195	20 sentence of imprisonment.
196	196	21 (2.1) For all offenses, other than those enumerated in
197	197	22 subdivision (a)(2)(i), (ii), or (iii) committed on or after
198	198	23 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
199	199	24 June 23, 2005 (the effective date of Public Act 94-71) or
200	200	25 subdivision (a)(2)(v) committed on or after August 13, 2007
201	201	26 (the effective date of Public Act 95-134) or subdivision
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212	212	1 (a)(2)(vi) committed on or after June 1, 2008 (the effective
213	213	2 date of Public Act 95-625) or subdivision (a)(2)(vii)
214	214	3 committed on or after July 23, 2010 (the effective date of
215	215	4 Public Act 96-1224) or subdivision (a)(2)(viii) committed on
216	216	5 or after the effective date of this amendatory Act of the 103rd
217	217	6 General Assembly, and other than the offense of aggravated
218	218	7 driving under the influence of alcohol, other drug or drugs,
219	219	8 or intoxicating compound or compounds, or any combination
220	220	9 thereof as defined in subparagraph (F) of paragraph (1) of
221	221	10 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
222	222	11 and other than the offense of aggravated driving under the
223	223	12 influence of alcohol, other drug or drugs, or intoxicating
224	224	13 compound or compounds, or any combination thereof as defined
225	225	14 in subparagraph (C) of paragraph (1) of subsection (d) of
226	226	15 Section 11-501 of the Illinois Vehicle Code committed on or
227	227	16 after January 1, 2011 (the effective date of Public Act
228	228	17 96-1230), the rules and regulations shall provide that a
229	229	18 prisoner who is serving a term of imprisonment shall receive
230	230	19 one day of sentence credit for each day of his or her sentence
231	231	20 of imprisonment or recommitment under Section 3-3-9. Each day
232	232	21 of sentence credit shall reduce by one day the prisoner's
233	233	22 period of imprisonment or recommitment under Section 3-3-9.
234	234	23 (2.2) A prisoner serving a term of natural life
235	235	24 imprisonment or a prisoner who has been sentenced to death
236	236	25 shall receive no sentence credit.
237	237	26 (2.3) Except as provided in paragraph (4.7) of this
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248	248	1 subsection (a), the rules and regulations on sentence credit
249	249	2 shall provide that a prisoner who is serving a sentence for
250	250	3 aggravated driving under the influence of alcohol, other drug
251	251	4 or drugs, or intoxicating compound or compounds, or any
252	252	5 combination thereof as defined in subparagraph (F) of
253	253	6 paragraph (1) of subsection (d) of Section 11-501 of the
254	254	7 Illinois Vehicle Code, shall receive no more than 4.5 days of
255	255	8 sentence credit for each month of his or her sentence of
256	256	9 imprisonment.
257	257	10 (2.4) Except as provided in paragraph (4.7) of this
258	258	11 subsection (a), the rules and regulations on sentence credit
259	259	12 shall provide with respect to the offenses of aggravated
260	260	13 battery with a machine gun or a firearm equipped with any
261	261	14 device or attachment designed or used for silencing the report
262	262	15 of a firearm or aggravated discharge of a machine gun or a
263	263	16 firearm equipped with any device or attachment designed or
264	264	17 used for silencing the report of a firearm, committed on or
265	265	18 after July 15, 1999 (the effective date of Public Act 91-121),
266	266	19 that a prisoner serving a sentence for any of these offenses
267	267	20 shall receive no more than 4.5 days of sentence credit for each
268	268	21 month of his or her sentence of imprisonment.
269	269	22 (2.5) Except as provided in paragraph (4.7) of this
270	270	23 subsection (a), the rules and regulations on sentence credit
271	271	24 shall provide that a prisoner who is serving a sentence for
272	272	25 aggravated arson committed on or after July 27, 2001 (the
273	273	26 effective date of Public Act 92-176) shall receive no more
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284	284	1 than 4.5 days of sentence credit for each month of his or her
285	285	2 sentence of imprisonment.
286	286	3 (2.6) Except as provided in paragraph (4.7) of this
287	287	4 subsection (a), the rules and regulations on sentence credit
288	288	5 shall provide that a prisoner who is serving a sentence for
289	289	6 aggravated driving under the influence of alcohol, other drug
290	290	7 or drugs, or intoxicating compound or compounds or any
291	291	8 combination thereof as defined in subparagraph (C) of
292	292	9 paragraph (1) of subsection (d) of Section 11-501 of the
293	293	10 Illinois Vehicle Code committed on or after January 1, 2011
294	294	11 (the effective date of Public Act 96-1230) shall receive no
295	295	12 more than 4.5 days of sentence credit for each month of his or
296	296	13 her sentence of imprisonment.
297	297	14 (3) In addition to the sentence credits earned under
298	298	15 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
299	299	16 subsection (a), the rules and regulations shall also provide
300	300	17 that the Director of Corrections or the Director of Juvenile
301	301	18 Justice may award up to 180 days of earned sentence credit for
302	302	19 prisoners serving a sentence of incarceration of less than 5
303	303	20 years, and up to 365 days of earned sentence credit for
304	304	21 prisoners serving a sentence of 5 years or longer. The
305	305	22 Director may grant this credit for good conduct in specific
306	306	23 instances as either Director deems proper for eligible persons
307	307	24 in the custody of each Director's respective Department. The
308	308	25 good conduct may include, but is not limited to, compliance
309	309	26 with the rules and regulations of the Department, service to
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320	320	1 the Department, service to a community, or service to the
321	321	2 State.
322	322	3 Eligible inmates for an award of earned sentence credit
323	323	4 under this paragraph (3) may be selected to receive the credit
324	324	5 at either Director's or his or her designee's sole discretion.
325	325	6 Eligibility for the additional earned sentence credit under
326	326	7 this paragraph (3) may be based on, but is not limited to,
327	327	8 participation in programming offered by the Department as
328	328	9 appropriate for the prisoner based on the results of any
329	329	10 available risk/needs assessment or other relevant assessments
330	330	11 or evaluations administered by the Department using a
331	331	12 validated instrument, the circumstances of the crime,
332	332	13 demonstrated commitment to rehabilitation by a prisoner with a
333	333	14 history of conviction for a forcible felony enumerated in
334	334	15 Section 2-8 of the Criminal Code of 2012, the inmate's
335	335	16 behavior and improvements in disciplinary history while
336	336	17 incarcerated, and the inmate's commitment to rehabilitation,
337	337	18 including participation in programming offered by the
338	338	19 Department.
339	339	20 The Director of Corrections or the Director of Juvenile
340	340	21 Justice shall not award sentence credit under this paragraph
341	341	22 (3) to an inmate unless the inmate has served a minimum of 60
342	342	23 days of the sentence; except nothing in this paragraph shall
343	343	24 be construed to permit either Director to extend an inmate's
344	344	25 sentence beyond that which was imposed by the court. Prior to
345	345	26 awarding credit under this paragraph (3), each Director shall
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356	356	1 make a written determination that the inmate:
357	357	2 (A) is eligible for the earned sentence credit;
358	358	3 (B) has served a minimum of 60 days, or as close to 60
359	359	4 days as the sentence will allow;
360	360	5 (B-1) has received a risk/needs assessment or other
361	361	6 relevant evaluation or assessment administered by the
362	362	7 Department using a validated instrument; and
363	363	8 (C) has met the eligibility criteria established by
364	364	9 rule for earned sentence credit.
365	365	10 The Director of Corrections or the Director of Juvenile
366	366	11 Justice shall determine the form and content of the written
367	367	12 determination required in this subsection.
368	368	13 (3.5) The Department shall provide annual written reports
369	369	14 to the Governor and the General Assembly on the award of earned
370	370	15 sentence credit no later than February 1 of each year. The
371	371	16 Department must publish both reports on its website within 48
372	372	17 hours of transmitting the reports to the Governor and the
373	373	18 General Assembly. The reports must include:
374	374	19 (A) the number of inmates awarded earned sentence
375	375	20 credit;
376	376	21 (B) the average amount of earned sentence credit
377	377	22 awarded;
378	378	23 (C) the holding offenses of inmates awarded earned
379	379	24 sentence credit; and
380	380	25 (D) the number of earned sentence credit revocations.
381	381	26 (4)(A) Except as provided in paragraph (4.7) of this
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392	392	1 subsection (a), the rules and regulations shall also provide
393	393	2 that any prisoner who is engaged full-time in substance abuse
394	394	3 programs, correctional industry assignments, educational
395	395	4 programs, work-release programs or activities in accordance
396	396	5 with Article 13 of Chapter III of this Code, behavior
397	397	6 modification programs, life skills courses, or re-entry
398	398	7 planning provided by the Department under this paragraph (4)
399	399	8 and satisfactorily completes the assigned program as
400	400	9 determined by the standards of the Department, shall receive
401	401	10 one day of sentence credit for each day in which that prisoner
402	402	11 is engaged in the activities described in this paragraph. The
403	403	12 rules and regulations shall also provide that sentence credit
404	404	13 may be provided to an inmate who was held in pre-trial
405	405	14 detention prior to his or her current commitment to the
406	406	15 Department of Corrections and successfully completed a
407	407	16 full-time, 60-day or longer substance abuse program,
408	408	17 educational program, behavior modification program, life
409	409	18 skills course, or re-entry planning provided by the county
410	410	19 department of corrections or county jail. Calculation of this
411	411	20 county program credit shall be done at sentencing as provided
412	412	21 in Section 5-4.5-100 of this Code and shall be included in the
413	413	22 sentencing order. The rules and regulations shall also provide
414	414	23 that sentence credit may be provided to an inmate who is in
415	415	24 compliance with programming requirements in an adult
416	416	25 transition center.
417	417	26 (B) The Department shall award sentence credit under this
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428	428	1 paragraph (4) accumulated prior to January 1, 2020 (the
429	429	2 effective date of Public Act 101-440) in an amount specified
430	430	3 in subparagraph (C) of this paragraph (4) to an inmate serving
431	431	4 a sentence for an offense committed prior to June 19, 1998, if
432	432	5 the Department determines that the inmate is entitled to this
433	433	6 sentence credit, based upon:
434	434	7 (i) documentation provided by the Department that the
435	435	8 inmate engaged in any full-time substance abuse programs,
436	436	9 correctional industry assignments, educational programs,
437	437	10 behavior modification programs, life skills courses, or
438	438	11 re-entry planning provided by the Department under this
439	439	12 paragraph (4) and satisfactorily completed the assigned
440	440	13 program as determined by the standards of the Department
441	441	14 during the inmate's current term of incarceration; or
442	442	15 (ii) the inmate's own testimony in the form of an
443	443	16 affidavit or documentation, or a third party's
444	444	17 documentation or testimony in the form of an affidavit
445	445	18 that the inmate likely engaged in any full-time substance
446	446	19 abuse programs, correctional industry assignments,
447	447	20 educational programs, behavior modification programs, life
448	448	21 skills courses, or re-entry planning provided by the
449	449	22 Department under paragraph (4) and satisfactorily
450	450	23 completed the assigned program as determined by the
451	451	24 standards of the Department during the inmate's current
452	452	25 term of incarceration.
453	453	26 (C) If the inmate can provide documentation that he or she
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464	464	1 is entitled to sentence credit under subparagraph (B) in
465	465	2 excess of 45 days of participation in those programs, the
466	466	3 inmate shall receive 90 days of sentence credit. If the inmate
467	467	4 cannot provide documentation of more than 45 days of
468	468	5 participation in those programs, the inmate shall receive 45
469	469	6 days of sentence credit. In the event of a disagreement
470	470	7 between the Department and the inmate as to the amount of
471	471	8 credit accumulated under subparagraph (B), if the Department
472	472	9 provides documented proof of a lesser amount of days of
473	473	10 participation in those programs, that proof shall control. If
474	474	11 the Department provides no documentary proof, the inmate's
475	475	12 proof as set forth in clause (ii) of subparagraph (B) shall
476	476	13 control as to the amount of sentence credit provided.
477	477	14 (D) If the inmate has been convicted of a sex offense as
478	478	15 defined in Section 2 of the Sex Offender Registration Act,
479	479	16 sentencing credits under subparagraph (B) of this paragraph
480	480	17 (4) shall be awarded by the Department only if the conditions
481	481	18 set forth in paragraph (4.6) of subsection (a) are satisfied.
482	482	19 No inmate serving a term of natural life imprisonment shall
483	483	20 receive sentence credit under subparagraph (B) of this
484	484	21 paragraph (4).
485	485	22 Educational, vocational, substance abuse, behavior
486	486	23 modification programs, life skills courses, re-entry planning,
487	487	24 and correctional industry programs under which sentence credit
488	488	25 may be earned under this paragraph (4) and paragraph (4.1) of
489	489	26 this subsection (a) shall be evaluated by the Department on
490	490
491	491
492	492
493	493
494	494
495	495	SB2060 - 13 - LRB103 25246 RLC 51590 b
496	496
497	497
498	498	SB2060- 14 -LRB103 25246 RLC 51590 b SB2060 - 14 - LRB103 25246 RLC 51590 b
499	499	SB2060 - 14 - LRB103 25246 RLC 51590 b
500	500	1 the basis of documented standards. The Department shall report
501	501	2 the results of these evaluations to the Governor and the
502	502	3 General Assembly by September 30th of each year. The reports
503	503	4 shall include data relating to the recidivism rate among
504	504	5 program participants.
505	505	6 Availability of these programs shall be subject to the
506	506	7 limits of fiscal resources appropriated by the General
507	507	8 Assembly for these purposes. Eligible inmates who are denied
508	508	9 immediate admission shall be placed on a waiting list under
509	509	10 criteria established by the Department. The rules and
510	510	11 regulations shall provide that a prisoner who has been placed
511	511	12 on a waiting list but is transferred for non-disciplinary
512	512	13 reasons before beginning a program shall receive priority
513	513	14 placement on the waitlist for appropriate programs at the new
514	514	15 facility. The inability of any inmate to become engaged in any
515	515	16 such programs by reason of insufficient program resources or
516	516	17 for any other reason established under the rules and
517	517	18 regulations of the Department shall not be deemed a cause of
518	518	19 action under which the Department or any employee or agent of
519	519	20 the Department shall be liable for damages to the inmate. The
520	520	21 rules and regulations shall provide that a prisoner who begins
521	521	22 an educational, vocational, substance abuse, work-release
522	522	23 programs or activities in accordance with Article 13 of
523	523	24 Chapter III of this Code, behavior modification program, life
524	524	25 skills course, re-entry planning, or correctional industry
525	525	26 programs but is unable to complete the program due to illness,
526	526
527	527
528	528
529	529
530	530
531	531	SB2060 - 14 - LRB103 25246 RLC 51590 b
532	532
533	533
534	534	SB2060- 15 -LRB103 25246 RLC 51590 b SB2060 - 15 - LRB103 25246 RLC 51590 b
535	535	SB2060 - 15 - LRB103 25246 RLC 51590 b
536	536	1 disability, transfer, lockdown, or another reason outside of
537	537	2 the prisoner's control shall receive prorated sentence credits
538	538	3 for the days in which the prisoner did participate.
539	539	4 (4.1) Except as provided in paragraph (4.7) of this
540	540	5 subsection (a), the rules and regulations shall also provide
541	541	6 that an additional 90 days of sentence credit shall be awarded
542	542	7 to any prisoner who passes high school equivalency testing
543	543	8 while the prisoner is committed to the Department of
544	544	9 Corrections. The sentence credit awarded under this paragraph
545	545	10 (4.1) shall be in addition to, and shall not affect, the award
546	546	11 of sentence credit under any other paragraph of this Section,
547	547	12 but shall also be pursuant to the guidelines and restrictions
548	548	13 set forth in paragraph (4) of subsection (a) of this Section.
549	549	14 The sentence credit provided for in this paragraph shall be
550	550	15 available only to those prisoners who have not previously
551	551	16 earned a high school diploma or a State of Illinois High School
552	552	17 Diploma. If, after an award of the high school equivalency
553	553	18 testing sentence credit has been made, the Department
554	554	19 determines that the prisoner was not eligible, then the award
555	555	20 shall be revoked. The Department may also award 90 days of
556	556	21 sentence credit to any committed person who passed high school
557	557	22 equivalency testing while he or she was held in pre-trial
558	558	23 detention prior to the current commitment to the Department of
559	559	24 Corrections. Except as provided in paragraph (4.7) of this
560	560	25 subsection (a), the rules and regulations shall provide that
561	561	26 an additional 120 days of sentence credit shall be awarded to
562	562
563	563
564	564
565	565
566	566
567	567	SB2060 - 15 - LRB103 25246 RLC 51590 b
568	568
569	569
570	570	SB2060- 16 -LRB103 25246 RLC 51590 b SB2060 - 16 - LRB103 25246 RLC 51590 b
571	571	SB2060 - 16 - LRB103 25246 RLC 51590 b
572	572	1 any prisoner who obtains an associate degree while the
573	573	2 prisoner is committed to the Department of Corrections,
574	574	3 regardless of the date that the associate degree was obtained,
575	575	4 including if prior to July 1, 2021 (the effective date of
576	576	5 Public Act 101-652). The sentence credit awarded under this
577	577	6 paragraph (4.1) shall be in addition to, and shall not affect,
578	578	7 the award of sentence credit under any other paragraph of this
579	579	8 Section, but shall also be under the guidelines and
580	580	9 restrictions set forth in paragraph (4) of subsection (a) of
581	581	10 this Section. The sentence credit provided for in this
582	582	11 paragraph (4.1) shall be available only to those prisoners who
583	583	12 have not previously earned an associate degree prior to the
584	584	13 current commitment to the Department of Corrections. If, after
585	585	14 an award of the associate degree sentence credit has been made
586	586	15 and the Department determines that the prisoner was not
587	587	16 eligible, then the award shall be revoked. The Department may
588	588	17 also award 120 days of sentence credit to any committed person
589	589	18 who earned an associate degree while he or she was held in
590	590	19 pre-trial detention prior to the current commitment to the
591	591	20 Department of Corrections.
592	592	21 Except as provided in paragraph (4.7) of this subsection
593	593	22 (a), the rules and regulations shall provide that an
594	594	23 additional 180 days of sentence credit shall be awarded to any
595	595	24 prisoner who obtains a bachelor's degree while the prisoner is
596	596	25 committed to the Department of Corrections. The sentence
597	597	26 credit awarded under this paragraph (4.1) shall be in addition
598	598
599	599
600	600
601	601
602	602
603	603	SB2060 - 16 - LRB103 25246 RLC 51590 b
604	604
605	605
606	606	SB2060- 17 -LRB103 25246 RLC 51590 b SB2060 - 17 - LRB103 25246 RLC 51590 b
607	607	SB2060 - 17 - LRB103 25246 RLC 51590 b
608	608	1 to, and shall not affect, the award of sentence credit under
609	609	2 any other paragraph of this Section, but shall also be under
610	610	3 the guidelines and restrictions set forth in paragraph (4) of
611	611	4 this subsection (a). The sentence credit provided for in this
612	612	5 paragraph shall be available only to those prisoners who have
613	613	6 not earned a bachelor's degree prior to the current commitment
614	614	7 to the Department of Corrections. If, after an award of the
615	615	8 bachelor's degree sentence credit has been made, the
616	616	9 Department determines that the prisoner was not eligible, then
617	617	10 the award shall be revoked. The Department may also award 180
618	618	11 days of sentence credit to any committed person who earned a
619	619	12 bachelor's degree while he or she was held in pre-trial
620	620	13 detention prior to the current commitment to the Department of
621	621	14 Corrections.
622	622	15 Except as provided in paragraph (4.7) of this subsection
623	623	16 (a), the rules and regulations shall provide that an
624	624	17 additional 180 days of sentence credit shall be awarded to any
625	625	18 prisoner who obtains a master's or professional degree while
626	626	19 the prisoner is committed to the Department of Corrections.
627	627	20 The sentence credit awarded under this paragraph (4.1) shall
628	628	21 be in addition to, and shall not affect, the award of sentence
629	629	22 credit under any other paragraph of this Section, but shall
630	630	23 also be under the guidelines and restrictions set forth in
631	631	24 paragraph (4) of this subsection (a). The sentence credit
632	632	25 provided for in this paragraph shall be available only to
633	633	26 those prisoners who have not previously earned a master's or
634	634
635	635
636	636
637	637
638	638
639	639	SB2060 - 17 - LRB103 25246 RLC 51590 b
640	640
641	641
642	642	SB2060- 18 -LRB103 25246 RLC 51590 b SB2060 - 18 - LRB103 25246 RLC 51590 b
643	643	SB2060 - 18 - LRB103 25246 RLC 51590 b
644	644	1 professional degree prior to the current commitment to the
645	645	2 Department of Corrections. If, after an award of the master's
646	646	3 or professional degree sentence credit has been made, the
647	647	4 Department determines that the prisoner was not eligible, then
648	648	5 the award shall be revoked. The Department may also award 180
649	649	6 days of sentence credit to any committed person who earned a
650	650	7 master's or professional degree while he or she was held in
651	651	8 pre-trial detention prior to the current commitment to the
652	652	9 Department of Corrections.
653	653	10 (4.2) The rules and regulations shall also provide that
654	654	11 any prisoner engaged in self-improvement programs, volunteer
655	655	12 work, or work assignments that are not otherwise eligible
656	656	13 activities under paragraph (4), shall receive up to 0.5 days
657	657	14 of sentence credit for each day in which the prisoner is
658	658	15 engaged in activities described in this paragraph.
659	659	16 (4.5) The rules and regulations on sentence credit shall
660	660	17 also provide that when the court's sentencing order recommends
661	661	18 a prisoner for substance abuse treatment and the crime was
662	662	19 committed on or after September 1, 2003 (the effective date of
663	663	20 Public Act 93-354), the prisoner shall receive no sentence
664	664	21 credit awarded under clause (3) of this subsection (a) unless
665	665	22 he or she participates in and completes a substance abuse
666	666	23 treatment program. The Director of Corrections may waive the
667	667	24 requirement to participate in or complete a substance abuse
668	668	25 treatment program in specific instances if the prisoner is not
669	669	26 a good candidate for a substance abuse treatment program for
670	670
671	671
672	672
673	673
674	674
675	675	SB2060 - 18 - LRB103 25246 RLC 51590 b
676	676
677	677
678	678	SB2060- 19 -LRB103 25246 RLC 51590 b SB2060 - 19 - LRB103 25246 RLC 51590 b
679	679	SB2060 - 19 - LRB103 25246 RLC 51590 b
680	680	1 medical, programming, or operational reasons. Availability of
681	681	2 substance abuse treatment shall be subject to the limits of
682	682	3 fiscal resources appropriated by the General Assembly for
683	683	4 these purposes. If treatment is not available and the
684	684	5 requirement to participate and complete the treatment has not
685	685	6 been waived by the Director, the prisoner shall be placed on a
686	686	7 waiting list under criteria established by the Department. The
687	687	8 Director may allow a prisoner placed on a waiting list to
688	688	9 participate in and complete a substance abuse education class
689	689	10 or attend substance abuse self-help meetings in lieu of a
690	690	11 substance abuse treatment program. A prisoner on a waiting
691	691	12 list who is not placed in a substance abuse program prior to
692	692	13 release may be eligible for a waiver and receive sentence
693	693	14 credit under clause (3) of this subsection (a) at the
694	694	15 discretion of the Director.
695	695	16 (4.6) The rules and regulations on sentence credit shall
696	696	17 also provide that a prisoner who has been convicted of a sex
697	697	18 offense as defined in Section 2 of the Sex Offender
698	698	19 Registration Act shall receive no sentence credit unless he or
699	699	20 she either has successfully completed or is participating in
700	700	21 sex offender treatment as defined by the Sex Offender
701	701	22 Management Board. However, prisoners who are waiting to
702	702	23 receive treatment, but who are unable to do so due solely to
703	703	24 the lack of resources on the part of the Department, may, at
704	704	25 either Director's sole discretion, be awarded sentence credit
705	705	26 at a rate as the Director shall determine.
706	706
707	707
708	708
709	709
710	710
711	711	SB2060 - 19 - LRB103 25246 RLC 51590 b
712	712
713	713
714	714	SB2060- 20 -LRB103 25246 RLC 51590 b SB2060 - 20 - LRB103 25246 RLC 51590 b
715	715	SB2060 - 20 - LRB103 25246 RLC 51590 b
716	716	1 (4.7) On or after January 1, 2018 (the effective date of
717	717	2 Public Act 100-3), sentence credit under paragraph (3), (4),
718	718	3 or (4.1) of this subsection (a) may be awarded to a prisoner
719	719	4 who is serving a sentence for an offense described in
720	720	5 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
721	721	6 on or after January 1, 2018 (the effective date of Public Act
722	722	7 100-3); provided, the award of the credits under this
723	723	8 paragraph (4.7) shall not reduce the sentence of the prisoner
724	724	9 to less than the following amounts:
725	725	10 (i) 85% of his or her sentence if the prisoner is
726	726	11 required to serve 85% of his or her sentence; or
727	727	12 (ii) 60% of his or her sentence if the prisoner is
728	728	13 required to serve 75% of his or her sentence, except if the
729	729	14 prisoner is serving a sentence for gunrunning his or her
730	730	15 sentence shall not be reduced to less than 75%.
731	731	16 (iii) 100% of his or her sentence if the prisoner is
732	732	17 required to serve 100% of his or her sentence.
733	733	18 (5) Whenever the Department is to release any inmate
734	734	19 earlier than it otherwise would because of a grant of earned
735	735	20 sentence credit under paragraph (3) of subsection (a) of this
736	736	21 Section given at any time during the term, the Department
737	737	22 shall give reasonable notice of the impending release not less
738	738	23 than 14 days prior to the date of the release to the State's
739	739	24 Attorney of the county where the prosecution of the inmate
740	740	25 took place, and if applicable, the State's Attorney of the
741	741	26 county into which the inmate will be released. The Department
742	742
743	743
744	744
745	745
746	746
747	747	SB2060 - 20 - LRB103 25246 RLC 51590 b
748	748
749	749
750	750	SB2060- 21 -LRB103 25246 RLC 51590 b SB2060 - 21 - LRB103 25246 RLC 51590 b
751	751	SB2060 - 21 - LRB103 25246 RLC 51590 b
752	752	1 must also make identification information and a recent photo
753	753	2 of the inmate being released accessible on the Internet by
754	754	3 means of a hyperlink labeled "Community Notification of Inmate
755	755	4 Early Release" on the Department's World Wide Web homepage.
756	756	5 The identification information shall include the inmate's:
757	757	6 name, any known alias, date of birth, physical
758	758	7 characteristics, commitment offense, and county where
759	759	8 conviction was imposed. The identification information shall
760	760	9 be placed on the website within 3 days of the inmate's release
761	761	10 and the information may not be removed until either:
762	762	11 completion of the first year of mandatory supervised release
763	763	12 or return of the inmate to custody of the Department.
764	764	13 (b) Whenever a person is or has been committed under
765	765	14 several convictions, with separate sentences, the sentences
766	766	15 shall be construed under Section 5-8-4 in granting and
767	767	16 forfeiting of sentence credit.
768	768	17 (c) (1) The Department shall prescribe rules and
769	769	18 regulations for revoking sentence credit, including revoking
770	770	19 sentence credit awarded under paragraph (3) of subsection (a)
771	771	20 of this Section. The Department shall prescribe rules and
772	772	21 regulations establishing and requiring the use of a sanctions
773	773	22 matrix for revoking sentence credit. The Department shall
774	774	23 prescribe rules and regulations for suspending or reducing the
775	775	24 rate of accumulation of sentence credit for specific rule
776	776	25 violations, during imprisonment. These rules and regulations
777	777	26 shall provide that no inmate may be penalized more than one
778	778
779	779
780	780
781	781
782	782
783	783	SB2060 - 21 - LRB103 25246 RLC 51590 b
784	784
785	785
786	786	SB2060- 22 -LRB103 25246 RLC 51590 b SB2060 - 22 - LRB103 25246 RLC 51590 b
787	787	SB2060 - 22 - LRB103 25246 RLC 51590 b
788	788	1 year of sentence credit for any one infraction.
789	789	2 (2) When the Department seeks to revoke, suspend, or
790	790	3 reduce the rate of accumulation of any sentence credits for an
791	791	4 alleged infraction of its rules, it shall bring charges
792	792	5 therefor against the prisoner sought to be so deprived of
793	793	6 sentence credits before the Prisoner Review Board as provided
794	794	7 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
795	795	8 amount of credit at issue exceeds 30 days, whether from one
796	796	9 infraction or cumulatively from multiple infractions arising
797	797	10 out of a single event, or when, during any 12-month period, the
798	798	11 cumulative amount of credit revoked exceeds 30 days except
799	799	12 where the infraction is committed or discovered within 60 days
800	800	13 of scheduled release. In those cases, the Department of
801	801	14 Corrections may revoke up to 30 days of sentence credit. The
802	802	15 Board may subsequently approve the revocation of additional
803	803	16 sentence credit, if the Department seeks to revoke sentence
804	804	17 credit in excess of 30 days. However, the Board shall not be
805	805	18 empowered to review the Department's decision with respect to
806	806	19 the loss of 30 days of sentence credit within any calendar year
807	807	20 for any prisoner or to increase any penalty beyond the length
808	808	21 requested by the Department.
809	809	22 (3) The Director of Corrections or the Director of
810	810	23 Juvenile Justice, in appropriate cases, may restore sentence
811	811	24 credits which have been revoked, suspended, or reduced. The
812	812	25 Department shall prescribe rules and regulations governing the
813	813	26 restoration of sentence credits. These rules and regulations
814	814
815	815
816	816
817	817
818	818
819	819	SB2060 - 22 - LRB103 25246 RLC 51590 b
820	820
821	821
822	822	SB2060- 23 -LRB103 25246 RLC 51590 b SB2060 - 23 - LRB103 25246 RLC 51590 b
823	823	SB2060 - 23 - LRB103 25246 RLC 51590 b
824	824	1 shall provide for the automatic restoration of sentence
825	825	2 credits following a period in which the prisoner maintains a
826	826	3 record without a disciplinary violation.
827	827	4 Nothing contained in this Section shall prohibit the
828	828	5 Prisoner Review Board from ordering, pursuant to Section
829	829	6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
830	830	7 sentence imposed by the court that was not served due to the
831	831	8 accumulation of sentence credit.
832	832	9 (d) If a lawsuit is filed by a prisoner in an Illinois or
833	833	10 federal court against the State, the Department of
834	834	11 Corrections, or the Prisoner Review Board, or against any of
835	835	12 their officers or employees, and the court makes a specific
836	836	13 finding that a pleading, motion, or other paper filed by the
837	837	14 prisoner is frivolous, the Department of Corrections shall
838	838	15 conduct a hearing to revoke up to 180 days of sentence credit
839	839	16 by bringing charges against the prisoner sought to be deprived
840	840	17 of the sentence credits before the Prisoner Review Board as
841	841	18 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
842	842	19 If the prisoner has not accumulated 180 days of sentence
843	843	20 credit at the time of the finding, then the Prisoner Review
844	844	21 Board may revoke all sentence credit accumulated by the
845	845	22 prisoner.
846	846	23 For purposes of this subsection (d):
847	847	24 (1) "Frivolous" means that a pleading, motion, or
848	848	25 other filing which purports to be a legal document filed
849	849	26 by a prisoner in his or her lawsuit meets any or all of the
850	850
851	851
852	852
853	853
854	854
855	855	SB2060 - 23 - LRB103 25246 RLC 51590 b
856	856
857	857
858	858	SB2060- 24 -LRB103 25246 RLC 51590 b SB2060 - 24 - LRB103 25246 RLC 51590 b
859	859	SB2060 - 24 - LRB103 25246 RLC 51590 b
860	860	1 following criteria:
861	861	2 (A) it lacks an arguable basis either in law or in
862	862	3 fact;
863	863	4 (B) it is being presented for any improper
864	864	5 purpose, such as to harass or to cause unnecessary
865	865	6 delay or needless increase in the cost of litigation;
866	866	7 (C) the claims, defenses, and other legal
867	867	8 contentions therein are not warranted by existing law
868	868	9 or by a nonfrivolous argument for the extension,
869	869	10 modification, or reversal of existing law or the
870	870	11 establishment of new law;
871	871	12 (D) the allegations and other factual contentions
872	872	13 do not have evidentiary support or, if specifically so
873	873	14 identified, are not likely to have evidentiary support
874	874	15 after a reasonable opportunity for further
875	875	16 investigation or discovery; or
876	876	17 (E) the denials of factual contentions are not
877	877	18 warranted on the evidence, or if specifically so
878	878	19 identified, are not reasonably based on a lack of
879	879	20 information or belief.
880	880	21 (2) "Lawsuit" means a motion pursuant to Section 116-3
881	881	22 of the Code of Criminal Procedure of 1963, a habeas corpus
882	882	23 action under Article X of the Code of Civil Procedure or
883	883	24 under federal law (28 U.S.C. 2254), a petition for claim
884	884	25 under the Court of Claims Act, an action under the federal
885	885	26 Civil Rights Act (42 U.S.C. 1983), or a second or
886	886
887	887
888	888
889	889
890	890
891	891	SB2060 - 24 - LRB103 25246 RLC 51590 b
892	892
893	893
894	894	SB2060- 25 -LRB103 25246 RLC 51590 b SB2060 - 25 - LRB103 25246 RLC 51590 b
895	895	SB2060 - 25 - LRB103 25246 RLC 51590 b
896	896	1 subsequent petition for post-conviction relief under
897	897	2 Article 122 of the Code of Criminal Procedure of 1963
898	898	3 whether filed with or without leave of court or a second or
899	899	4 subsequent petition for relief from judgment under Section
900	900	5 2-1401 of the Code of Civil Procedure.
901	901	6 (e) Nothing in Public Act 90-592 or 90-593 affects the
902	902	7 validity of Public Act 89-404.
903	903	8 (f) Whenever the Department is to release any inmate who
904	904	9 has been convicted of a violation of an order of protection
905	905	10 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
906	906	11 the Criminal Code of 2012, earlier than it otherwise would
907	907	12 because of a grant of sentence credit, the Department, as a
908	908	13 condition of release, shall require that the person, upon
909	909	14 release, be placed under electronic surveillance as provided
910	910	15 in Section 5-8A-7 of this Code.
911	911	16 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
912	912	17 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
913	913	18 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
914	914
915	915
916	916
917	917
918	918
919	919	SB2060 - 25 - LRB103 25246 RLC 51590 b