Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2064 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 SB2064 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 or a sentence for bringing contraband into a penal institution 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 25264 RLC 51608 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2064 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 or a sentence for bringing contraband into a penal institution 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 25264 RLC 51608 b LRB103 25264 RLC 51608 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2064 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 or a sentence for bringing contraband into a penal institution 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 25264 RLC 51608 b LRB103 25264 RLC 51608 b
7	7	LRB103 25264 RLC 51608 b
8	8	A BILL FOR
9	9	SB2064LRB103 25264 RLC 51608 b SB2064 LRB103 25264 RLC 51608 b
10	10	SB2064 LRB103 25264 RLC 51608 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 SB2064 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 or a sentence for bringing contraband into a penal institution 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 25264 RLC 51608 b LRB103 25264 RLC 51608 b
42	42	LRB103 25264 RLC 51608 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 or
93	93	26 with respect to the offense of bringing contraband into a
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104	104	1 penal institution as described in subsection (a) of Section
105	105	2 31A-1.1 of the Criminal Code of 2012 committed on or after the
106	106	3 effective date of this amendatory Act of the 103rd General
107	107	4 Assembly, the following:
108	108	5 (i) that a prisoner who is serving a term of
109	109	6 imprisonment for first degree murder or for the offense of
110	110	7 terrorism shall receive no sentence credit and shall serve
111	111	8 the entire sentence imposed by the court;
112	112	9 (ii) that a prisoner serving a sentence for attempt to
113	113	10 commit terrorism, attempt to commit first degree murder,
114	114	11 solicitation of murder, solicitation of murder for hire,
115	115	12 intentional homicide of an unborn child, predatory
116	116	13 criminal sexual assault of a child, aggravated criminal
117	117	14 sexual assault, criminal sexual assault, aggravated
118	118	15 kidnapping, aggravated battery with a firearm as described
119	119	16 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
120	120	17 or (e)(4) of Section 12-3.05, heinous battery as described
121	121	18 in Section 12-4.1 or subdivision (a)(2) of Section
122	122	19 12-3.05, being an armed habitual criminal, aggravated
123	123	20 battery of a senior citizen as described in Section 12-4.6
124	124	21 or subdivision (a)(4) of Section 12-3.05, or aggravated
125	125	22 battery of a child as described in Section 12-4.3 or
126	126	23 subdivision (b)(1) of Section 12-3.05 shall receive no
127	127	24 more than 4.5 days of sentence credit for each month of his
128	128	25 or her sentence of imprisonment;
129	129	26 (iii) that a prisoner serving a sentence for home
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140	140	1 invasion, armed robbery, aggravated vehicular hijacking,
141	141	2 aggravated discharge of a firearm, or armed violence with
142	142	3 a category I weapon or category II weapon, when the court
143	143	4 has made and entered a finding, pursuant to subsection
144	144	5 (c-1) of Section 5-4-1 of this Code, that the conduct
145	145	6 leading to conviction for the enumerated offense resulted
146	146	7 in great bodily harm to a victim, shall receive no more
147	147	8 than 4.5 days of sentence credit for each month of his or
148	148	9 her sentence of imprisonment;
149	149	10 (iv) that a prisoner serving a sentence for aggravated
150	150	11 discharge of a firearm, whether or not the conduct leading
151	151	12 to conviction for the offense resulted in great bodily
152	152	13 harm to the victim, shall receive no more than 4.5 days of
153	153	14 sentence credit for each month of his or her sentence of
154	154	15 imprisonment;
155	155	16 (v) that a person serving a sentence for gunrunning,
156	156	17 narcotics racketeering, controlled substance trafficking,
157	157	18 methamphetamine trafficking, drug-induced homicide,
158	158	19 aggravated methamphetamine-related child endangerment,
159	159	20 money laundering pursuant to clause (c) (4) or (5) of
160	160	21 Section 29B-1 of the Criminal Code of 1961 or the Criminal
161	161	22 Code of 2012, or a Class X felony conviction for delivery
162	162	23 of a controlled substance, possession of a controlled
163	163	24 substance with intent to manufacture or deliver,
164	164	25 calculated criminal drug conspiracy, criminal drug
165	165	26 conspiracy, street gang criminal drug conspiracy,
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176	176	1 participation in methamphetamine manufacturing,
177	177	2 aggravated participation in methamphetamine
178	178	3 manufacturing, delivery of methamphetamine, possession
179	179	4 with intent to deliver methamphetamine, aggravated
180	180	5 delivery of methamphetamine, aggravated possession with
181	181	6 intent to deliver methamphetamine, methamphetamine
182	182	7 conspiracy when the substance containing the controlled
183	183	8 substance or methamphetamine is 100 grams or more shall
184	184	9 receive no more than 7.5 days sentence credit for each
185	185	10 month of his or her sentence of imprisonment;
186	186	11 (vi) that a prisoner serving a sentence for a second
187	187	12 or subsequent offense of luring a minor shall receive no
188	188	13 more than 4.5 days of sentence credit for each month of his
189	189	14 or her sentence of imprisonment; and
190	190	15 (vii) that a prisoner serving a sentence for
191	191	16 aggravated domestic battery shall receive no more than 4.5
192	192	17 days of sentence credit for each month of his or her
193	193	18 sentence of imprisonment; .
194	194	19 (viii) that a prisoner serving a sentence for
195	195	20 aggravated battery under paragraph (4) of subsection (d)
196	196	21 of Section 12-3.05 of the Criminal Code of 2012 in which
197	197	22 the victim was a peace officer shall receive no more than
198	198	23 4.5 days of sentence credit for each month of his or her
199	199	24 sentence of imprisonment; and
200	200	25 (ix) that a prisoner serving a sentence for bringing
201	201	26 contraband into a penal institution as described in
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212	212	1 subsection (a) of Section 31A-1.1 of the Criminal Code of
213	213	2 2012 committed on or after the effective date of this
214	214	3 amendatory Act of the 103rd General Assembly shall receive
215	215	4 no more than 4.5 days of sentence credit for each month of
216	216	5 his or her sentence of imprisonment.
217	217	6 (2.1) For all offenses, other than those enumerated in
218	218	7 subdivision (a)(2)(i), (ii), or (iii) committed on or after
219	219	8 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
220	220	9 June 23, 2005 (the effective date of Public Act 94-71) or
221	221	10 subdivision (a)(2)(v) committed on or after August 13, 2007
222	222	11 (the effective date of Public Act 95-134) or subdivision
223	223	12 (a)(2)(vi) committed on or after June 1, 2008 (the effective
224	224	13 date of Public Act 95-625) or subdivision (a)(2)(vii)
225	225	14 committed on or after July 23, 2010 (the effective date of
226	226	15 Public Act 96-1224) or subdivision (a)(2)(viii) committed on
227	227	16 or after the effective date of this amendatory Act of the 103rd
228	228	17 General Assembly or subdivision (a)(2)(ix) committed on or
229	229	18 after the effective date of this amendatory Act of the 103rd
230	230	19 General Assembly, and other than the offense of aggravated
231	231	20 driving under the influence of alcohol, other drug or drugs,
232	232	21 or intoxicating compound or compounds, or any combination
233	233	22 thereof as defined in subparagraph (F) of paragraph (1) of
234	234	23 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
235	235	24 and other than the offense of aggravated driving under the
236	236	25 influence of alcohol, other drug or drugs, or intoxicating
237	237	26 compound or compounds, or any combination thereof as defined
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248	248	1 in subparagraph (C) of paragraph (1) of subsection (d) of
249	249	2 Section 11-501 of the Illinois Vehicle Code committed on or
250	250	3 after January 1, 2011 (the effective date of Public Act
251	251	4 96-1230), the rules and regulations shall provide that a
252	252	5 prisoner who is serving a term of imprisonment shall receive
253	253	6 one day of sentence credit for each day of his or her sentence
254	254	7 of imprisonment or recommitment under Section 3-3-9. Each day
255	255	8 of sentence credit shall reduce by one day the prisoner's
256	256	9 period of imprisonment or recommitment under Section 3-3-9.
257	257	10 (2.2) A prisoner serving a term of natural life
258	258	11 imprisonment or a prisoner who has been sentenced to death
259	259	12 shall receive no sentence credit.
260	260	13 (2.3) Except as provided in paragraph (4.7) of this
261	261	14 subsection (a), the rules and regulations on sentence credit
262	262	15 shall provide that a prisoner who is serving a sentence for
263	263	16 aggravated driving under the influence of alcohol, other drug
264	264	17 or drugs, or intoxicating compound or compounds, or any
265	265	18 combination thereof as defined in subparagraph (F) of
266	266	19 paragraph (1) of subsection (d) of Section 11-501 of the
267	267	20 Illinois Vehicle Code, shall receive no more than 4.5 days of
268	268	21 sentence credit for each month of his or her sentence of
269	269	22 imprisonment.
270	270	23 (2.4) Except as provided in paragraph (4.7) of this
271	271	24 subsection (a), the rules and regulations on sentence credit
272	272	25 shall provide with respect to the offenses of aggravated
273	273	26 battery with a machine gun or a firearm equipped with any
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284	284	1 device or attachment designed or used for silencing the report
285	285	2 of a firearm or aggravated discharge of a machine gun or a
286	286	3 firearm equipped with any device or attachment designed or
287	287	4 used for silencing the report of a firearm, committed on or
288	288	5 after July 15, 1999 (the effective date of Public Act 91-121),
289	289	6 that a prisoner serving a sentence for any of these offenses
290	290	7 shall receive no more than 4.5 days of sentence credit for each
291	291	8 month of his or her sentence of imprisonment.
292	292	9 (2.5) Except as provided in paragraph (4.7) of this
293	293	10 subsection (a), the rules and regulations on sentence credit
294	294	11 shall provide that a prisoner who is serving a sentence for
295	295	12 aggravated arson committed on or after July 27, 2001 (the
296	296	13 effective date of Public Act 92-176) shall receive no more
297	297	14 than 4.5 days of sentence credit for each month of his or her
298	298	15 sentence of imprisonment.
299	299	16 (2.6) Except as provided in paragraph (4.7) of this
300	300	17 subsection (a), the rules and regulations on sentence credit
301	301	18 shall provide that a prisoner who is serving a sentence for
302	302	19 aggravated driving under the influence of alcohol, other drug
303	303	20 or drugs, or intoxicating compound or compounds or any
304	304	21 combination thereof as defined in subparagraph (C) of
305	305	22 paragraph (1) of subsection (d) of Section 11-501 of the
306	306	23 Illinois Vehicle Code committed on or after January 1, 2011
307	307	24 (the effective date of Public Act 96-1230) shall receive no
308	308	25 more than 4.5 days of sentence credit for each month of his or
309	309	26 her sentence of imprisonment.
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320	320	1 (3) In addition to the sentence credits earned under
321	321	2 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
322	322	3 subsection (a), the rules and regulations shall also provide
323	323	4 that the Director of Corrections or the Director of Juvenile
324	324	5 Justice may award up to 180 days of earned sentence credit for
325	325	6 prisoners serving a sentence of incarceration of less than 5
326	326	7 years, and up to 365 days of earned sentence credit for
327	327	8 prisoners serving a sentence of 5 years or longer. The
328	328	9 Director may grant this credit for good conduct in specific
329	329	10 instances as either Director deems proper for eligible persons
330	330	11 in the custody of each Director's respective Department. The
331	331	12 good conduct may include, but is not limited to, compliance
332	332	13 with the rules and regulations of the Department, service to
333	333	14 the Department, service to a community, or service to the
334	334	15 State.
335	335	16 Eligible inmates for an award of earned sentence credit
336	336	17 under this paragraph (3) may be selected to receive the credit
337	337	18 at either Director's or his or her designee's sole discretion.
338	338	19 Eligibility for the additional earned sentence credit under
339	339	20 this paragraph (3) may be based on, but is not limited to,
340	340	21 participation in programming offered by the Department as
341	341	22 appropriate for the prisoner based on the results of any
342	342	23 available risk/needs assessment or other relevant assessments
343	343	24 or evaluations administered by the Department using a
344	344	25 validated instrument, the circumstances of the crime,
345	345	26 demonstrated commitment to rehabilitation by a prisoner with a
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356	356	1 history of conviction for a forcible felony enumerated in
357	357	2 Section 2-8 of the Criminal Code of 2012, the inmate's
358	358	3 behavior and improvements in disciplinary history while
359	359	4 incarcerated, and the inmate's commitment to rehabilitation,
360	360	5 including participation in programming offered by the
361	361	6 Department.
362	362	7 The Director of Corrections or the Director of Juvenile
363	363	8 Justice shall not award sentence credit under this paragraph
364	364	9 (3) to an inmate unless the inmate has served a minimum of 60
365	365	10 days of the sentence; except nothing in this paragraph shall
366	366	11 be construed to permit either Director to extend an inmate's
367	367	12 sentence beyond that which was imposed by the court. Prior to
368	368	13 awarding credit under this paragraph (3), each Director shall
369	369	14 make a written determination that the inmate:
370	370	15 (A) is eligible for the earned sentence credit;
371	371	16 (B) has served a minimum of 60 days, or as close to 60
372	372	17 days as the sentence will allow;
373	373	18 (B-1) has received a risk/needs assessment or other
374	374	19 relevant evaluation or assessment administered by the
375	375	20 Department using a validated instrument; and
376	376	21 (C) has met the eligibility criteria established by
377	377	22 rule for earned sentence credit.
378	378	23 The Director of Corrections or the Director of Juvenile
379	379	24 Justice shall determine the form and content of the written
380	380	25 determination required in this subsection.
381	381	26 (3.5) The Department shall provide annual written reports
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392	392	1 to the Governor and the General Assembly on the award of earned
393	393	2 sentence credit no later than February 1 of each year. The
394	394	3 Department must publish both reports on its website within 48
395	395	4 hours of transmitting the reports to the Governor and the
396	396	5 General Assembly. The reports must include:
397	397	6 (A) the number of inmates awarded earned sentence
398	398	7 credit;
399	399	8 (B) the average amount of earned sentence credit
400	400	9 awarded;
401	401	10 (C) the holding offenses of inmates awarded earned
402	402	11 sentence credit; and
403	403	12 (D) the number of earned sentence credit revocations.
404	404	13 (4)(A) Except as provided in paragraph (4.7) of this
405	405	14 subsection (a), the rules and regulations shall also provide
406	406	15 that any prisoner who is engaged full-time in substance abuse
407	407	16 programs, correctional industry assignments, educational
408	408	17 programs, work-release programs or activities in accordance
409	409	18 with Article 13 of Chapter III of this Code, behavior
410	410	19 modification programs, life skills courses, or re-entry
411	411	20 planning provided by the Department under this paragraph (4)
412	412	21 and satisfactorily completes the assigned program as
413	413	22 determined by the standards of the Department, shall receive
414	414	23 one day of sentence credit for each day in which that prisoner
415	415	24 is engaged in the activities described in this paragraph. The
416	416	25 rules and regulations shall also provide that sentence credit
417	417	26 may be provided to an inmate who was held in pre-trial
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428	428	1 detention prior to his or her current commitment to the
429	429	2 Department of Corrections and successfully completed a
430	430	3 full-time, 60-day or longer substance abuse program,
431	431	4 educational program, behavior modification program, life
432	432	5 skills course, or re-entry planning provided by the county
433	433	6 department of corrections or county jail. Calculation of this
434	434	7 county program credit shall be done at sentencing as provided
435	435	8 in Section 5-4.5-100 of this Code and shall be included in the
436	436	9 sentencing order. The rules and regulations shall also provide
437	437	10 that sentence credit may be provided to an inmate who is in
438	438	11 compliance with programming requirements in an adult
439	439	12 transition center.
440	440	13 (B) The Department shall award sentence credit under this
441	441	14 paragraph (4) accumulated prior to January 1, 2020 (the
442	442	15 effective date of Public Act 101-440) in an amount specified
443	443	16 in subparagraph (C) of this paragraph (4) to an inmate serving
444	444	17 a sentence for an offense committed prior to June 19, 1998, if
445	445	18 the Department determines that the inmate is entitled to this
446	446	19 sentence credit, based upon:
447	447	20 (i) documentation provided by the Department that the
448	448	21 inmate engaged in any full-time substance abuse programs,
449	449	22 correctional industry assignments, educational programs,
450	450	23 behavior modification programs, life skills courses, or
451	451	24 re-entry planning provided by the Department under this
452	452	25 paragraph (4) and satisfactorily completed the assigned
453	453	26 program as determined by the standards of the Department
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464	464	1 during the inmate's current term of incarceration; or
465	465	2 (ii) the inmate's own testimony in the form of an
466	466	3 affidavit or documentation, or a third party's
467	467	4 documentation or testimony in the form of an affidavit
468	468	5 that the inmate likely engaged in any full-time substance
469	469	6 abuse programs, correctional industry assignments,
470	470	7 educational programs, behavior modification programs, life
471	471	8 skills courses, or re-entry planning provided by the
472	472	9 Department under paragraph (4) and satisfactorily
473	473	10 completed the assigned program as determined by the
474	474	11 standards of the Department during the inmate's current
475	475	12 term of incarceration.
476	476	13 (C) If the inmate can provide documentation that he or she
477	477	14 is entitled to sentence credit under subparagraph (B) in
478	478	15 excess of 45 days of participation in those programs, the
479	479	16 inmate shall receive 90 days of sentence credit. If the inmate
480	480	17 cannot provide documentation of more than 45 days of
481	481	18 participation in those programs, the inmate shall receive 45
482	482	19 days of sentence credit. In the event of a disagreement
483	483	20 between the Department and the inmate as to the amount of
484	484	21 credit accumulated under subparagraph (B), if the Department
485	485	22 provides documented proof of a lesser amount of days of
486	486	23 participation in those programs, that proof shall control. If
487	487	24 the Department provides no documentary proof, the inmate's
488	488	25 proof as set forth in clause (ii) of subparagraph (B) shall
489	489	26 control as to the amount of sentence credit provided.
490	490
491	491
492	492
493	493
494	494
495	495	SB2064 - 13 - LRB103 25264 RLC 51608 b
496	496
497	497
498	498	SB2064- 14 -LRB103 25264 RLC 51608 b SB2064 - 14 - LRB103 25264 RLC 51608 b
499	499	SB2064 - 14 - LRB103 25264 RLC 51608 b
500	500	1 (D) If the inmate has been convicted of a sex offense as
501	501	2 defined in Section 2 of the Sex Offender Registration Act,
502	502	3 sentencing credits under subparagraph (B) of this paragraph
503	503	4 (4) shall be awarded by the Department only if the conditions
504	504	5 set forth in paragraph (4.6) of subsection (a) are satisfied.
505	505	6 No inmate serving a term of natural life imprisonment shall
506	506	7 receive sentence credit under subparagraph (B) of this
507	507	8 paragraph (4).
508	508	9 Educational, vocational, substance abuse, behavior
509	509	10 modification programs, life skills courses, re-entry planning,
510	510	11 and correctional industry programs under which sentence credit
511	511	12 may be earned under this paragraph (4) and paragraph (4.1) of
512	512	13 this subsection (a) shall be evaluated by the Department on
513	513	14 the basis of documented standards. The Department shall report
514	514	15 the results of these evaluations to the Governor and the
515	515	16 General Assembly by September 30th of each year. The reports
516	516	17 shall include data relating to the recidivism rate among
517	517	18 program participants.
518	518	19 Availability of these programs shall be subject to the
519	519	20 limits of fiscal resources appropriated by the General
520	520	21 Assembly for these purposes. Eligible inmates who are denied
521	521	22 immediate admission shall be placed on a waiting list under
522	522	23 criteria established by the Department. The rules and
523	523	24 regulations shall provide that a prisoner who has been placed
524	524	25 on a waiting list but is transferred for non-disciplinary
525	525	26 reasons before beginning a program shall receive priority
526	526
527	527
528	528
529	529
530	530
531	531	SB2064 - 14 - LRB103 25264 RLC 51608 b
532	532
533	533
534	534	SB2064- 15 -LRB103 25264 RLC 51608 b SB2064 - 15 - LRB103 25264 RLC 51608 b
535	535	SB2064 - 15 - LRB103 25264 RLC 51608 b
536	536	1 placement on the waitlist for appropriate programs at the new
537	537	2 facility. The inability of any inmate to become engaged in any
538	538	3 such programs by reason of insufficient program resources or
539	539	4 for any other reason established under the rules and
540	540	5 regulations of the Department shall not be deemed a cause of
541	541	6 action under which the Department or any employee or agent of
542	542	7 the Department shall be liable for damages to the inmate. The
543	543	8 rules and regulations shall provide that a prisoner who begins
544	544	9 an educational, vocational, substance abuse, work-release
545	545	10 programs or activities in accordance with Article 13 of
546	546	11 Chapter III of this Code, behavior modification program, life
547	547	12 skills course, re-entry planning, or correctional industry
548	548	13 programs but is unable to complete the program due to illness,
549	549	14 disability, transfer, lockdown, or another reason outside of
550	550	15 the prisoner's control shall receive prorated sentence credits
551	551	16 for the days in which the prisoner did participate.
552	552	17 (4.1) Except as provided in paragraph (4.7) of this
553	553	18 subsection (a), the rules and regulations shall also provide
554	554	19 that an additional 90 days of sentence credit shall be awarded
555	555	20 to any prisoner who passes high school equivalency testing
556	556	21 while the prisoner is committed to the Department of
557	557	22 Corrections. The sentence credit awarded under this paragraph
558	558	23 (4.1) shall be in addition to, and shall not affect, the award
559	559	24 of sentence credit under any other paragraph of this Section,
560	560	25 but shall also be pursuant to the guidelines and restrictions
561	561	26 set forth in paragraph (4) of subsection (a) of this Section.
562	562
563	563
564	564
565	565
566	566
567	567	SB2064 - 15 - LRB103 25264 RLC 51608 b
568	568
569	569
570	570	SB2064- 16 -LRB103 25264 RLC 51608 b SB2064 - 16 - LRB103 25264 RLC 51608 b
571	571	SB2064 - 16 - LRB103 25264 RLC 51608 b
572	572	1 The sentence credit provided for in this paragraph shall be
573	573	2 available only to those prisoners who have not previously
574	574	3 earned a high school diploma or a State of Illinois High School
575	575	4 Diploma. If, after an award of the high school equivalency
576	576	5 testing sentence credit has been made, the Department
577	577	6 determines that the prisoner was not eligible, then the award
578	578	7 shall be revoked. The Department may also award 90 days of
579	579	8 sentence credit to any committed person who passed high school
580	580	9 equivalency testing while he or she was held in pre-trial
581	581	10 detention prior to the current commitment to the Department of
582	582	11 Corrections. Except as provided in paragraph (4.7) of this
583	583	12 subsection (a), the rules and regulations shall provide that
584	584	13 an additional 120 days of sentence credit shall be awarded to
585	585	14 any prisoner who obtains an associate degree while the
586	586	15 prisoner is committed to the Department of Corrections,
587	587	16 regardless of the date that the associate degree was obtained,
588	588	17 including if prior to July 1, 2021 (the effective date of
589	589	18 Public Act 101-652). The sentence credit awarded under this
590	590	19 paragraph (4.1) shall be in addition to, and shall not affect,
591	591	20 the award of sentence credit under any other paragraph of this
592	592	21 Section, but shall also be under the guidelines and
593	593	22 restrictions set forth in paragraph (4) of subsection (a) of
594	594	23 this Section. The sentence credit provided for in this
595	595	24 paragraph (4.1) shall be available only to those prisoners who
596	596	25 have not previously earned an associate degree prior to the
597	597	26 current commitment to the Department of Corrections. If, after
598	598
599	599
600	600
601	601
602	602
603	603	SB2064 - 16 - LRB103 25264 RLC 51608 b
604	604
605	605
606	606	SB2064- 17 -LRB103 25264 RLC 51608 b SB2064 - 17 - LRB103 25264 RLC 51608 b
607	607	SB2064 - 17 - LRB103 25264 RLC 51608 b
608	608	1 an award of the associate degree sentence credit has been made
609	609	2 and the Department determines that the prisoner was not
610	610	3 eligible, then the award shall be revoked. The Department may
611	611	4 also award 120 days of sentence credit to any committed person
612	612	5 who earned an associate degree while he or she was held in
613	613	6 pre-trial detention prior to the current commitment to the
614	614	7 Department of Corrections.
615	615	8 Except as provided in paragraph (4.7) of this subsection
616	616	9 (a), the rules and regulations shall provide that an
617	617	10 additional 180 days of sentence credit shall be awarded to any
618	618	11 prisoner who obtains a bachelor's degree while the prisoner is
619	619	12 committed to the Department of Corrections. The sentence
620	620	13 credit awarded under this paragraph (4.1) shall be in addition
621	621	14 to, and shall not affect, the award of sentence credit under
622	622	15 any other paragraph of this Section, but shall also be under
623	623	16 the guidelines and restrictions set forth in paragraph (4) of
624	624	17 this subsection (a). The sentence credit provided for in this
625	625	18 paragraph shall be available only to those prisoners who have
626	626	19 not earned a bachelor's degree prior to the current commitment
627	627	20 to the Department of Corrections. If, after an award of the
628	628	21 bachelor's degree sentence credit has been made, the
629	629	22 Department determines that the prisoner was not eligible, then
630	630	23 the award shall be revoked. The Department may also award 180
631	631	24 days of sentence credit to any committed person who earned a
632	632	25 bachelor's degree while he or she was held in pre-trial
633	633	26 detention prior to the current commitment to the Department of
634	634
635	635
636	636
637	637
638	638
639	639	SB2064 - 17 - LRB103 25264 RLC 51608 b
640	640
641	641
642	642	SB2064- 18 -LRB103 25264 RLC 51608 b SB2064 - 18 - LRB103 25264 RLC 51608 b
643	643	SB2064 - 18 - LRB103 25264 RLC 51608 b
644	644	1 Corrections.
645	645	2 Except as provided in paragraph (4.7) of this subsection
646	646	3 (a), the rules and regulations shall provide that an
647	647	4 additional 180 days of sentence credit shall be awarded to any
648	648	5 prisoner who obtains a master's or professional degree while
649	649	6 the prisoner is committed to the Department of Corrections.
650	650	7 The sentence credit awarded under this paragraph (4.1) shall
651	651	8 be in addition to, and shall not affect, the award of sentence
652	652	9 credit under any other paragraph of this Section, but shall
653	653	10 also be under the guidelines and restrictions set forth in
654	654	11 paragraph (4) of this subsection (a). The sentence credit
655	655	12 provided for in this paragraph shall be available only to
656	656	13 those prisoners who have not previously earned a master's or
657	657	14 professional degree prior to the current commitment to the
658	658	15 Department of Corrections. If, after an award of the master's
659	659	16 or professional degree sentence credit has been made, the
660	660	17 Department determines that the prisoner was not eligible, then
661	661	18 the award shall be revoked. The Department may also award 180
662	662	19 days of sentence credit to any committed person who earned a
663	663	20 master's or professional degree while he or she was held in
664	664	21 pre-trial detention prior to the current commitment to the
665	665	22 Department of Corrections.
666	666	23 (4.2) The rules and regulations shall also provide that
667	667	24 any prisoner engaged in self-improvement programs, volunteer
668	668	25 work, or work assignments that are not otherwise eligible
669	669	26 activities under paragraph (4), shall receive up to 0.5 days
670	670
671	671
672	672
673	673
674	674
675	675	SB2064 - 18 - LRB103 25264 RLC 51608 b
676	676
677	677
678	678	SB2064- 19 -LRB103 25264 RLC 51608 b SB2064 - 19 - LRB103 25264 RLC 51608 b
679	679	SB2064 - 19 - LRB103 25264 RLC 51608 b
680	680	1 of sentence credit for each day in which the prisoner is
681	681	2 engaged in activities described in this paragraph.
682	682	3 (4.5) The rules and regulations on sentence credit shall
683	683	4 also provide that when the court's sentencing order recommends
684	684	5 a prisoner for substance abuse treatment and the crime was
685	685	6 committed on or after September 1, 2003 (the effective date of
686	686	7 Public Act 93-354), the prisoner shall receive no sentence
687	687	8 credit awarded under clause (3) of this subsection (a) unless
688	688	9 he or she participates in and completes a substance abuse
689	689	10 treatment program. The Director of Corrections may waive the
690	690	11 requirement to participate in or complete a substance abuse
691	691	12 treatment program in specific instances if the prisoner is not
692	692	13 a good candidate for a substance abuse treatment program for
693	693	14 medical, programming, or operational reasons. Availability of
694	694	15 substance abuse treatment shall be subject to the limits of
695	695	16 fiscal resources appropriated by the General Assembly for
696	696	17 these purposes. If treatment is not available and the
697	697	18 requirement to participate and complete the treatment has not
698	698	19 been waived by the Director, the prisoner shall be placed on a
699	699	20 waiting list under criteria established by the Department. The
700	700	21 Director may allow a prisoner placed on a waiting list to
701	701	22 participate in and complete a substance abuse education class
702	702	23 or attend substance abuse self-help meetings in lieu of a
703	703	24 substance abuse treatment program. A prisoner on a waiting
704	704	25 list who is not placed in a substance abuse program prior to
705	705	26 release may be eligible for a waiver and receive sentence
706	706
707	707
708	708
709	709
710	710
711	711	SB2064 - 19 - LRB103 25264 RLC 51608 b
712	712
713	713
714	714	SB2064- 20 -LRB103 25264 RLC 51608 b SB2064 - 20 - LRB103 25264 RLC 51608 b
715	715	SB2064 - 20 - LRB103 25264 RLC 51608 b
716	716	1 credit under clause (3) of this subsection (a) at the
717	717	2 discretion of the Director.
718	718	3 (4.6) The rules and regulations on sentence credit shall
719	719	4 also provide that a prisoner who has been convicted of a sex
720	720	5 offense as defined in Section 2 of the Sex Offender
721	721	6 Registration Act shall receive no sentence credit unless he or
722	722	7 she either has successfully completed or is participating in
723	723	8 sex offender treatment as defined by the Sex Offender
724	724	9 Management Board. However, prisoners who are waiting to
725	725	10 receive treatment, but who are unable to do so due solely to
726	726	11 the lack of resources on the part of the Department, may, at
727	727	12 either Director's sole discretion, be awarded sentence credit
728	728	13 at a rate as the Director shall determine.
729	729	14 (4.7) On or after January 1, 2018 (the effective date of
730	730	15 Public Act 100-3), sentence credit under paragraph (3), (4),
731	731	16 or (4.1) of this subsection (a) may be awarded to a prisoner
732	732	17 who is serving a sentence for an offense described in
733	733	18 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
734	734	19 on or after January 1, 2018 (the effective date of Public Act
735	735	20 100-3); provided, the award of the credits under this
736	736	21 paragraph (4.7) shall not reduce the sentence of the prisoner
737	737	22 to less than the following amounts:
738	738	23 (i) 85% of his or her sentence if the prisoner is
739	739	24 required to serve 85% of his or her sentence; or
740	740	25 (ii) 60% of his or her sentence if the prisoner is
741	741	26 required to serve 75% of his or her sentence, except if the
742	742
743	743
744	744
745	745
746	746
747	747	SB2064 - 20 - LRB103 25264 RLC 51608 b
748	748
749	749
750	750	SB2064- 21 -LRB103 25264 RLC 51608 b SB2064 - 21 - LRB103 25264 RLC 51608 b
751	751	SB2064 - 21 - LRB103 25264 RLC 51608 b
752	752	1 prisoner is serving a sentence for gunrunning his or her
753	753	2 sentence shall not be reduced to less than 75%.
754	754	3 (iii) 100% of his or her sentence if the prisoner is
755	755	4 required to serve 100% of his or her sentence.
756	756	5 (5) Whenever the Department is to release any inmate
757	757	6 earlier than it otherwise would because of a grant of earned
758	758	7 sentence credit under paragraph (3) of subsection (a) of this
759	759	8 Section given at any time during the term, the Department
760	760	9 shall give reasonable notice of the impending release not less
761	761	10 than 14 days prior to the date of the release to the State's
762	762	11 Attorney of the county where the prosecution of the inmate
763	763	12 took place, and if applicable, the State's Attorney of the
764	764	13 county into which the inmate will be released. The Department
765	765	14 must also make identification information and a recent photo
766	766	15 of the inmate being released accessible on the Internet by
767	767	16 means of a hyperlink labeled "Community Notification of Inmate
768	768	17 Early Release" on the Department's World Wide Web homepage.
769	769	18 The identification information shall include the inmate's:
770	770	19 name, any known alias, date of birth, physical
771	771	20 characteristics, commitment offense, and county where
772	772	21 conviction was imposed. The identification information shall
773	773	22 be placed on the website within 3 days of the inmate's release
774	774	23 and the information may not be removed until either:
775	775	24 completion of the first year of mandatory supervised release
776	776	25 or return of the inmate to custody of the Department.
777	777	26 (b) Whenever a person is or has been committed under
778	778
779	779
780	780
781	781
782	782
783	783	SB2064 - 21 - LRB103 25264 RLC 51608 b
784	784
785	785
786	786	SB2064- 22 -LRB103 25264 RLC 51608 b SB2064 - 22 - LRB103 25264 RLC 51608 b
787	787	SB2064 - 22 - LRB103 25264 RLC 51608 b
788	788	1 several convictions, with separate sentences, the sentences
789	789	2 shall be construed under Section 5-8-4 in granting and
790	790	3 forfeiting of sentence credit.
791	791	4 (c) (1) The Department shall prescribe rules and
792	792	5 regulations for revoking sentence credit, including revoking
793	793	6 sentence credit awarded under paragraph (3) of subsection (a)
794	794	7 of this Section. The Department shall prescribe rules and
795	795	8 regulations establishing and requiring the use of a sanctions
796	796	9 matrix for revoking sentence credit. The Department shall
797	797	10 prescribe rules and regulations for suspending or reducing the
798	798	11 rate of accumulation of sentence credit for specific rule
799	799	12 violations, during imprisonment. These rules and regulations
800	800	13 shall provide that no inmate may be penalized more than one
801	801	14 year of sentence credit for any one infraction.
802	802	15 (2) When the Department seeks to revoke, suspend, or
803	803	16 reduce the rate of accumulation of any sentence credits for an
804	804	17 alleged infraction of its rules, it shall bring charges
805	805	18 therefor against the prisoner sought to be so deprived of
806	806	19 sentence credits before the Prisoner Review Board as provided
807	807	20 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
808	808	21 amount of credit at issue exceeds 30 days, whether from one
809	809	22 infraction or cumulatively from multiple infractions arising
810	810	23 out of a single event, or when, during any 12-month period, the
811	811	24 cumulative amount of credit revoked exceeds 30 days except
812	812	25 where the infraction is committed or discovered within 60 days
813	813	26 of scheduled release. In those cases, the Department of
814	814
815	815
816	816
817	817
818	818
819	819	SB2064 - 22 - LRB103 25264 RLC 51608 b
820	820
821	821
822	822	SB2064- 23 -LRB103 25264 RLC 51608 b SB2064 - 23 - LRB103 25264 RLC 51608 b
823	823	SB2064 - 23 - LRB103 25264 RLC 51608 b
824	824	1 Corrections may revoke up to 30 days of sentence credit. The
825	825	2 Board may subsequently approve the revocation of additional
826	826	3 sentence credit, if the Department seeks to revoke sentence
827	827	4 credit in excess of 30 days. However, the Board shall not be
828	828	5 empowered to review the Department's decision with respect to
829	829	6 the loss of 30 days of sentence credit within any calendar year
830	830	7 for any prisoner or to increase any penalty beyond the length
831	831	8 requested by the Department.
832	832	9 (3) The Director of Corrections or the Director of
833	833	10 Juvenile Justice, in appropriate cases, may restore sentence
834	834	11 credits which have been revoked, suspended, or reduced. The
835	835	12 Department shall prescribe rules and regulations governing the
836	836	13 restoration of sentence credits. These rules and regulations
837	837	14 shall provide for the automatic restoration of sentence
838	838	15 credits following a period in which the prisoner maintains a
839	839	16 record without a disciplinary violation.
840	840	17 Nothing contained in this Section shall prohibit the
841	841	18 Prisoner Review Board from ordering, pursuant to Section
842	842	19 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
843	843	20 sentence imposed by the court that was not served due to the
844	844	21 accumulation of sentence credit.
845	845	22 (d) If a lawsuit is filed by a prisoner in an Illinois or
846	846	23 federal court against the State, the Department of
847	847	24 Corrections, or the Prisoner Review Board, or against any of
848	848	25 their officers or employees, and the court makes a specific
849	849	26 finding that a pleading, motion, or other paper filed by the
850	850
851	851
852	852
853	853
854	854
855	855	SB2064 - 23 - LRB103 25264 RLC 51608 b
856	856
857	857
858	858	SB2064- 24 -LRB103 25264 RLC 51608 b SB2064 - 24 - LRB103 25264 RLC 51608 b
859	859	SB2064 - 24 - LRB103 25264 RLC 51608 b
860	860	1 prisoner is frivolous, the Department of Corrections shall
861	861	2 conduct a hearing to revoke up to 180 days of sentence credit
862	862	3 by bringing charges against the prisoner sought to be deprived
863	863	4 of the sentence credits before the Prisoner Review Board as
864	864	5 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
865	865	6 If the prisoner has not accumulated 180 days of sentence
866	866	7 credit at the time of the finding, then the Prisoner Review
867	867	8 Board may revoke all sentence credit accumulated by the
868	868	9 prisoner.
869	869	10 For purposes of this subsection (d):
870	870	11 (1) "Frivolous" means that a pleading, motion, or
871	871	12 other filing which purports to be a legal document filed
872	872	13 by a prisoner in his or her lawsuit meets any or all of the
873	873	14 following criteria:
874	874	15 (A) it lacks an arguable basis either in law or in
875	875	16 fact;
876	876	17 (B) it is being presented for any improper
877	877	18 purpose, such as to harass or to cause unnecessary
878	878	19 delay or needless increase in the cost of litigation;
879	879	20 (C) the claims, defenses, and other legal
880	880	21 contentions therein are not warranted by existing law
881	881	22 or by a nonfrivolous argument for the extension,
882	882	23 modification, or reversal of existing law or the
883	883	24 establishment of new law;
884	884	25 (D) the allegations and other factual contentions
885	885	26 do not have evidentiary support or, if specifically so
886	886
887	887
888	888
889	889
890	890
891	891	SB2064 - 24 - LRB103 25264 RLC 51608 b
892	892
893	893
894	894	SB2064- 25 -LRB103 25264 RLC 51608 b SB2064 - 25 - LRB103 25264 RLC 51608 b
895	895	SB2064 - 25 - LRB103 25264 RLC 51608 b
896	896	1 identified, are not likely to have evidentiary support
897	897	2 after a reasonable opportunity for further
898	898	3 investigation or discovery; or
899	899	4 (E) the denials of factual contentions are not
900	900	5 warranted on the evidence, or if specifically so
901	901	6 identified, are not reasonably based on a lack of
902	902	7 information or belief.
903	903	8 (2) "Lawsuit" means a motion pursuant to Section 116-3
904	904	9 of the Code of Criminal Procedure of 1963, a habeas corpus
905	905	10 action under Article X of the Code of Civil Procedure or
906	906	11 under federal law (28 U.S.C. 2254), a petition for claim
907	907	12 under the Court of Claims Act, an action under the federal
908	908	13 Civil Rights Act (42 U.S.C. 1983), or a second or
909	909	14 subsequent petition for post-conviction relief under
910	910	15 Article 122 of the Code of Criminal Procedure of 1963
911	911	16 whether filed with or without leave of court or a second or
912	912	17 subsequent petition for relief from judgment under Section
913	913	18 2-1401 of the Code of Civil Procedure.
914	914	19 (e) Nothing in Public Act 90-592 or 90-593 affects the
915	915	20 validity of Public Act 89-404.
916	916	21 (f) Whenever the Department is to release any inmate who
917	917	22 has been convicted of a violation of an order of protection
918	918	23 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
919	919	24 the Criminal Code of 2012, earlier than it otherwise would
920	920	25 because of a grant of sentence credit, the Department, as a
921	921	26 condition of release, shall require that the person, upon
922	922
923	923
924	924
925	925
926	926
927	927	SB2064 - 25 - LRB103 25264 RLC 51608 b
928	928
929	929
930	930	SB2064- 26 -LRB103 25264 RLC 51608 b SB2064 - 26 - LRB103 25264 RLC 51608 b
931	931	SB2064 - 26 - LRB103 25264 RLC 51608 b
932	932	1 release, be placed under electronic surveillance as provided
933	933	2 in Section 5-8A-7 of this Code.
934	934	3 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
935	935	4 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
936	936	5 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
937	937
938	938
939	939
940	940
941	941
942	942	SB2064 - 26 - LRB103 25264 RLC 51608 b