Illinois 2025-2026 Regular Session

Illinois House Bill HB2367 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2367 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2026. LRB104 08305 RLC 20078 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2367 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2026. LRB104 08305 RLC 20078 b LRB104 08305 RLC 20078 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2367 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/3-6-3 730 ILCS 5/3-6-3
4	4	730 ILCS 5/3-6-3
5	5	Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2026.
6	6	LRB104 08305 RLC 20078 b LRB104 08305 RLC 20078 b
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8	8	A BILL FOR
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10	10	HB2367 LRB104 08305 RLC 20078 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 3-6-3 as follows:
16	16	6 (730 ILCS 5/3-6-3)
17	17	7 Sec. 3-6-3. Rules and regulations for sentence credit.
18	18	8 (a)(1) The Department of Corrections shall prescribe rules
19	19	9 and regulations for awarding and revoking sentence credit for
20	20	10 persons committed to the Department of Corrections and the
21	21	11 Department of Juvenile Justice shall prescribe rules and
22	22	12 regulations for awarding and revoking sentence credit for
23	23	13 persons committed to the Department of Juvenile Justice under
24	24	14 Section 5-8-6 of the Unified Code of Corrections, which shall
25	25	15 be subject to review by the Prisoner Review Board.
26	26	16 (1.5) As otherwise provided by law, sentence credit may be
27	27	17 awarded for the following:
28	28	18 (A) successful completion of programming while in
29	29	19 custody of the Department of Corrections or the Department
30	30	20 of Juvenile Justice or while in custody prior to
31	31	21 sentencing;
32	32	22 (B) compliance with the rules and regulations of the
33	33	23 Department; or
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2367 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/3-6-3 730 ILCS 5/3-6-3
39	39	730 ILCS 5/3-6-3
40	40	Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations of the Department of Corrections shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2026.
41	41	LRB104 08305 RLC 20078 b LRB104 08305 RLC 20078 b
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43	43	A BILL FOR
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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) The rules and regulations shall provide that the
71	71	4 individual in custody shall receive one day of sentence credit
72	72	5 for each day of service in prison other than when a sentence of
73	73	6 natural life imprisonment has been imposed. Each day of
74	74	7 sentence credit shall reduce by one day the incarcerated
75	75	8 person's period of incarceration set by the court. Except as
76	76	9 provided in paragraph (4.7) of this subsection (a), the rules
77	77	10 and regulations on sentence credit shall provide, with respect
78	78	11 to offenses listed in clause (i), (ii), or (iii) of this
79	79	12 paragraph (2) committed on or after June 19, 1998 or with
80	80	13 respect to the offense listed in clause (iv) of this paragraph
81	81	14 (2) committed on or after June 23, 2005 (the effective date of
82	82	15 Public Act 94-71) or with respect to offense listed in clause
83	83	16 (vi) committed on or after June 1, 2008 (the effective date of
84	84	17 Public Act 95-625) or with respect to the offense of unlawful
85	85	18 possession of a firearm by a repeat felony offender committed
86	86	19 on or after August 2, 2005 (the effective date of Public Act
87	87	20 94-398) or with respect to the offenses listed in clause (v) of
88	88	21 this paragraph (2) committed on or after August 13, 2007 (the
89	89	22 effective date of Public Act 95-134) or with respect to the
90	90	23 offense of aggravated domestic battery committed on or after
91	91	24 July 23, 2010 (the effective date of Public Act 96-1224) or
92	92	25 with respect to the offense of attempt to commit terrorism
93	93	26 committed on or after January 1, 2013 (the effective date of
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104	104	1 Public Act 97-990), the following:
105	105	2 (i) that a prisoner who is serving a term of
106	106	3 imprisonment for first degree murder or for the offense of
107	107	4 terrorism shall receive no sentence credit and shall serve
108	108	5 the entire sentence imposed by the court;
109	109	6 (ii) that a prisoner serving a sentence for attempt to
110	110	7 commit terrorism, attempt to commit first degree murder,
111	111	8 solicitation of murder, solicitation of murder for hire,
112	112	9 intentional homicide of an unborn child, predatory
113	113	10 criminal sexual assault of a child, aggravated criminal
114	114	11 sexual assault, criminal sexual assault, aggravated
115	115	12 kidnapping, aggravated battery with a firearm as described
116	116	13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
117	117	14 or (e)(4) of Section 12-3.05, heinous battery as described
118	118	15 in Section 12-4.1 or subdivision (a)(2) of Section
119	119	16 12-3.05, unlawful possession of a firearm by a repeat
120	120	17 felony offender, aggravated battery of a senior citizen as
121	121	18 described in Section 12-4.6 or subdivision (a)(4) of
122	122	19 Section 12-3.05, or aggravated battery of a child as
123	123	20 described in Section 12-4.3 or subdivision (b)(1) of
124	124	21 Section 12-3.05 shall receive no more than 4.5 days of
125	125	22 sentence credit for each month of his or her sentence of
126	126	23 imprisonment;
127	127	24 (iii) that a prisoner serving a sentence for home
128	128	25 invasion, armed robbery, aggravated vehicular hijacking,
129	129	26 aggravated discharge of a firearm, or armed violence with
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140	140	1 a category I weapon or category II weapon, when the court
141	141	2 has made and entered a finding, pursuant to subsection
142	142	3 (c-1) of Section 5-4-1 of this Code, that the conduct
143	143	4 leading to conviction for the enumerated offense resulted
144	144	5 in great bodily harm to a victim, shall receive no more
145	145	6 than 4.5 days of sentence credit for each month of his or
146	146	7 her sentence of imprisonment;
147	147	8 (iv) that a prisoner serving a sentence for aggravated
148	148	9 discharge of a firearm, whether or not the conduct leading
149	149	10 to conviction for the offense resulted in great bodily
150	150	11 harm to the victim, shall receive no more than 4.5 days of
151	151	12 sentence credit for each month of his or her sentence of
152	152	13 imprisonment;
153	153	14 (v) that a person serving a sentence for gunrunning,
154	154	15 narcotics racketeering, controlled substance trafficking,
155	155	16 methamphetamine trafficking, drug-induced homicide,
156	156	17 aggravated methamphetamine-related child endangerment,
157	157	18 money laundering pursuant to clause (c) (4) or (5) of
158	158	19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
159	159	20 Code of 2012, or a Class X felony conviction for delivery
160	160	21 of a controlled substance, possession of a controlled
161	161	22 substance with intent to manufacture or deliver,
162	162	23 calculated criminal drug conspiracy, criminal drug
163	163	24 conspiracy, street gang criminal drug conspiracy,
164	164	25 participation in methamphetamine manufacturing,
165	165	26 aggravated participation in methamphetamine
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176	176	1 manufacturing, delivery of methamphetamine, possession
177	177	2 with intent to deliver methamphetamine, aggravated
178	178	3 delivery of methamphetamine, aggravated possession with
179	179	4 intent to deliver methamphetamine, methamphetamine
180	180	5 conspiracy when the substance containing the controlled
181	181	6 substance or methamphetamine is 100 grams or more shall
182	182	7 receive no more than 7.5 days sentence credit for each
183	183	8 month of his or her sentence of imprisonment;
184	184	9 (vi) that a prisoner serving a sentence for a second
185	185	10 or subsequent offense of luring a minor shall receive no
186	186	11 more than 4.5 days of sentence credit for each month of his
187	187	12 or her sentence of imprisonment; and
188	188	13 (vii) that a prisoner serving a sentence for
189	189	14 aggravated domestic battery shall receive no more than 4.5
190	190	15 days of sentence credit for each month of his or her
191	191	16 sentence of imprisonment.
192	192	17 (2.1) Within 6 months after the effective date of this
193	193	18 amendatory Act of the 104th General Assembly, the Department
194	194	19 of Corrections shall recalculate each incarcerated person's
195	195	20 release date by crediting each person one day sentence credit
196	196	21 for each day the incarcerated person has spent in prison on the
197	197	22 current sentence. For all offenses, other than those
198	198	23 enumerated in subdivision (a)(2)(i), (ii), or (iii) committed
199	199	24 on or after June 19, 1998 or subdivision (a)(2)(iv) committed
200	200	25 on or after June 23, 2005 (the effective date of Public Act
201	201	26 94-71) or subdivision (a)(2)(v) committed on or after August
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212	212	1 13, 2007 (the effective date of Public Act 95-134) or
213	213	2 subdivision (a)(2)(vi) committed on or after June 1, 2008 (the
214	214	3 effective date of Public Act 95-625) or subdivision
215	215	4 (a)(2)(vii) committed on or after July 23, 2010 (the effective
216	216	5 date of Public Act 96-1224), and other than the offense of
217	217	6 aggravated driving under the influence of alcohol, other drug
218	218	7 or drugs, or intoxicating compound or compounds, or any
219	219	8 combination thereof as defined in subparagraph (F) of
220	220	9 paragraph (1) of subsection (d) of Section 11-501 of the
221	221	10 Illinois Vehicle Code, and other than the offense of
222	222	11 aggravated driving under the influence of alcohol, other drug
223	223	12 or drugs, or intoxicating compound or compounds, or any
224	224	13 combination thereof as defined in subparagraph (C) of
225	225	14 paragraph (1) of subsection (d) of Section 11-501 of the
226	226	15 Illinois Vehicle Code committed on or after January 1, 2011
227	227	16 (the effective date of Public Act 96-1230), the rules and
228	228	17 regulations shall provide that an incarcerated person 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 incarcerated
233	233	22 person's prisoner's period of imprisonment or recommitment
234	234	23 under Section 3-3-9.
235	235	24 (2.2) An incarcerated person A prisoner serving a term of
236	236	25 natural life imprisonment shall be eligible to accumulate
237	237	26 sentencing credit if his or her sentence is reduced to less
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248	248	1 than a sentence of natural life imprisonment, which shall be
249	249	2 credited toward his or her new sentence receive no sentence
250	250	3 credit.
251	251	4 (2.3) (Blank). Except as provided in paragraph (4.7) of
252	252	5 this subsection (a), the rules and regulations on sentence
253	253	6 credit shall provide that a prisoner who is serving a sentence
254	254	7 for aggravated driving under the influence of alcohol, other
255	255	8 drug or drugs, or intoxicating compound or compounds, or any
256	256	9 combination thereof as defined in subparagraph (F) of
257	257	10 paragraph (1) of subsection (d) of Section 11-501 of the
258	258	11 Illinois Vehicle Code, shall receive no more than 4.5 days of
259	259	12 sentence credit for each month of his or her sentence of
260	260	13 imprisonment.
261	261	14 (2.4) (Blank). Except as provided in paragraph (4.7) of
262	262	15 this subsection (a), the rules and regulations on sentence
263	263	16 credit shall provide with respect to the offenses of
264	264	17 aggravated battery with a machine gun or a firearm equipped
265	265	18 with any device or attachment designed or used for silencing
266	266	19 the report of a firearm or aggravated discharge of a machine
267	267	20 gun or a firearm equipped with any device or attachment
268	268	21 designed or used for silencing the report of a firearm,
269	269	22 committed on or after July 15, 1999 (the effective date of
270	270	23 Public Act 91-121), that a prisoner serving a sentence for any
271	271	24 of these offenses shall receive no more than 4.5 days of
272	272	25 sentence credit for each month of his or her sentence of
273	273	26 imprisonment.
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284	284	1 (2.5) (Blank). Except as provided in paragraph (4.7) of
285	285	2 this subsection (a), the rules and regulations on sentence
286	286	3 credit shall provide that a prisoner who is serving a sentence
287	287	4 for aggravated arson committed on or after July 27, 2001 (the
288	288	5 effective date of Public Act 92-176) shall receive no more
289	289	6 than 4.5 days of sentence credit for each month of his or her
290	290	7 sentence of imprisonment.
291	291	8 (2.6) (Blank). Except as provided in paragraph (4.7) of
292	292	9 this subsection (a), the rules and regulations on sentence
293	293	10 credit shall provide that a prisoner who is serving a sentence
294	294	11 for aggravated driving under the influence of alcohol, other
295	295	12 drug or drugs, or intoxicating compound or compounds or any
296	296	13 combination thereof as defined in subparagraph (C) of
297	297	14 paragraph (1) of subsection (d) of Section 11-501 of the
298	298	15 Illinois Vehicle Code committed on or after January 1, 2011
299	299	16 (the effective date of Public Act 96-1230) shall receive no
300	300	17 more than 4.5 days of sentence credit for each month of his or
301	301	18 her sentence of imprisonment.
302	302	19 (3) In addition to the sentence credits earned under
303	303	20 paragraphs (2), (2.1), (4), (4.1), and (4.2), and (4.7) of
304	304	21 this subsection (a), the rules and regulations shall also
305	305	22 provide that the Director of Corrections or the Director of
306	306	23 Juvenile Justice may award up to 180 days of earned sentence
307	307	24 credit for incarcerated persons prisoners serving a sentence
308	308	25 of incarceration of less than 5 years, and up to 365 days of
309	309	26 earned sentence credit for incarcerated persons prisoners
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320	320	1 serving a sentence of 5 years or longer. The Director may grant
321	321	2 this credit for good conduct in specific instances as either
322	322	3 Director deems proper for eligible persons in the custody of
323	323	4 each Director's respective Department. The good conduct may
324	324	5 include, but is not limited to, compliance with the rules and
325	325	6 regulations of the Department, service to the Department,
326	326	7 service to a community, or service to the State.
327	327	8 Incarcerated persons eligible Eligible inmates for an
328	328	9 award of earned sentence credit under this paragraph (3) may
329	329	10 be selected to receive the credit at either Director's or his
330	330	11 or her designee's sole discretion. Eligibility for the
331	331	12 additional earned sentence credit under this paragraph (3) may
332	332	13 be based on, but is not limited to, participation in
333	333	14 programming offered by the Department as appropriate for the
334	334	15 incarcerated person prisoner based on the results of any
335	335	16 available risk/needs assessment or other relevant assessments
336	336	17 or evaluations administered by the Department using a
337	337	18 validated instrument, the circumstances of the crime,
338	338	19 demonstrated commitment to rehabilitation by a incarcerated
339	339	20 person prisoner with a history of conviction for a forcible
340	340	21 felony enumerated in Section 2-8 of the Criminal Code of 2012,
341	341	22 the incarcerated person's inmate's behavior and improvements
342	342	23 in disciplinary history while incarcerated, and the
343	343	24 incarcerated person's inmate's commitment to rehabilitation,
344	344	25 including participation in programming offered by the
345	345	26 Department.
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356	356	1 The Director of Corrections or the Director of Juvenile
357	357	2 Justice shall not award sentence credit under this paragraph
358	358	3 (3) to an incarcerated person inmate unless the incarcerated
359	359	4 person inmate has served a minimum of 60 days of the sentence,
360	360	5 including time served in a county jail; except nothing in this
361	361	6 paragraph shall be construed to permit either Director to
362	362	7 extend an incarcerated person's inmate's sentence beyond that
363	363	8 which was imposed by the court. Prior to awarding credit under
364	364	9 this paragraph (3), each Director shall make a written
365	365	10 determination that the incarcerated person inmate:
366	366	11 (A) is eligible for the earned sentence credit;
367	367	12 (B) has served a minimum of 60 days, or as close to 60
368	368	13 days as the sentence will allow;
369	369	14 (B-1) has received a risk/needs assessment or other
370	370	15 relevant evaluation or assessment administered by the
371	371	16 Department using a validated instrument; and
372	372	17 (C) has met the eligibility criteria established by
373	373	18 rule for earned sentence credit.
374	374	19 The Director of Corrections or the Director of Juvenile
375	375	20 Justice shall determine the form and content of the written
376	376	21 determination required in this subsection.
377	377	22 (3.5) The Department shall provide annual written reports
378	378	23 to the Governor and the General Assembly on the award of earned
379	379	24 sentence credit no later than February 1 of each year. The
380	380	25 Department must publish both reports on its website within 48
381	381	26 hours of transmitting the reports to the Governor and the
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392	392	1 General Assembly. The reports must include:
393	393	2 (A) the number of incarcerated persons inmates awarded
394	394	3 earned sentence credit;
395	395	4 (B) the average amount of earned sentence credit
396	396	5 awarded;
397	397	6 (C) the holding offenses of incarcerated persons
398	398	7 inmates awarded earned sentence credit; and
399	399	8 (D) the number of earned sentence credit revocations.
400	400	9 (4)(A) The Except as provided in paragraph (4.7) of this
401	401	10 subsection (a), the rules and regulations shall also provide
402	402	11 that any incarcerated person prisoner who is engaged full-time
403	403	12 in substance abuse programs, correctional industry
404	404	13 assignments, educational programs, work-release programs or
405	405	14 activities in accordance with Article 13 of Chapter III of
406	406	15 this Code, behavior modification programs, life skills
407	407	16 courses, or re-entry planning provided by the Department under
408	408	17 this paragraph (4) and satisfactorily completes the assigned
409	409	18 program as determined by the standards of the Department,
410	410	19 shall receive one day of sentence credit for each day in which
411	411	20 that incarcerated person prisoner is engaged in the activities
412	412	21 described in this paragraph. The rules and regulations shall
413	413	22 also provide that sentence credit may be provided to an
414	414	23 incarcerated person inmate who was held in pre-trial detention
415	415	24 prior to his or her current commitment to the Department of
416	416	25 Corrections and successfully completed a full-time, 60-day or
417	417	26 longer substance abuse program, educational program, behavior
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428	428	1 modification program, life skills course, or re-entry planning
429	429	2 provided by the county department of corrections or county
430	430	3 jail. Calculation of this county program credit shall be done
431	431	4 at sentencing as provided in Section 5-4.5-100 of this Code
432	432	5 and shall be included in the sentencing order. The rules and
433	433	6 regulations shall also provide that sentence credit may be
434	434	7 provided to an incarcerated person inmate who is in compliance
435	435	8 with programming requirements in an adult transition center.
436	436	9 (B) The Department shall award sentence credit under this
437	437	10 paragraph (4) accumulated prior to January 1, 2020 (the
438	438	11 effective date of Public Act 101-440) in an amount specified
439	439	12 in subparagraph (C) of this paragraph (4) to an incarcerated
440	440	13 person inmate serving a sentence for an offense committed
441	441	14 prior to June 19, 1998, if the Department determines that the
442	442	15 incarcerated person inmate is entitled to this sentence
443	443	16 credit, based upon:
444	444	17 (i) documentation provided by the Department that the
445	445	18 incarcerated person inmate engaged in any full-time
446	446	19 substance abuse programs, correctional industry
447	447	20 assignments, educational programs, behavior modification
448	448	21 programs, life skills courses, or re-entry planning
449	449	22 provided by the Department under this paragraph (4) and
450	450	23 satisfactorily completed the assigned program as
451	451	24 determined by the standards of the Department during the
452	452	25 incarcerated person's inmate's current term of
453	453	26 incarceration; or
454	454
455	455
456	456
457	457
458	458
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460	460
461	461
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463	463	HB2367 - 13 - LRB104 08305 RLC 20078 b
464	464	1 (ii) the incarcerated person's inmate's own testimony
465	465	2 in the form of an affidavit or documentation, or a third
466	466	3 party's documentation or testimony in the form of an
467	467	4 affidavit that the incarcerated person inmate likely
468	468	5 engaged in any full-time substance abuse programs,
469	469	6 correctional industry assignments, educational programs,
470	470	7 behavior modification programs, life skills courses, or
471	471	8 re-entry planning provided by the Department under
472	472	9 paragraph (4) and satisfactorily completed the assigned
473	473	10 program as determined by the standards of the Department
474	474	11 during the incarcerated person's inmate's current term of
475	475	12 incarceration.
476	476	13 (C) If the incarcerated person inmate can provide
477	477	14 documentation that he or she is entitled to sentence credit
478	478	15 under subparagraph (B) in excess of 45 days of participation
479	479	16 in those programs, the incarcerated person inmate shall
480	480	17 receive 90 days of sentence credit. If the incarcerated person
481	481	18 inmate cannot provide documentation of more than 45 days of
482	482	19 participation in those programs, the incarcerated person
483	483	20 inmate shall receive 45 days of sentence credit. In the event
484	484	21 of a disagreement between the Department and the incarcerated
485	485	22 person inmate as to the amount of credit accumulated under
486	486	23 subparagraph (B), if the Department provides documented proof
487	487	24 of a lesser amount of days of participation in those programs,
488	488	25 that proof shall control. If the Department provides no
489	489	26 documentary proof, the incarcerated person's inmate's proof as
490	490
491	491
492	492
493	493
494	494
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496	496
497	497
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499	499	HB2367 - 14 - LRB104 08305 RLC 20078 b
500	500	1 set forth in clause (ii) of subparagraph (B) shall control as
501	501	2 to the amount of sentence credit provided.
502	502	3 (D) If the incarcerated person inmate has been convicted
503	503	4 of a sex offense as defined in Section 2 of the Sex Offender
504	504	5 Registration Act, sentencing credits under subparagraph (B) of
505	505	6 this paragraph (4) shall be awarded by the Department only if
506	506	7 the conditions set forth in paragraph (4.6) of subsection (a)
507	507	8 are satisfied. No incarcerated person inmate serving a term of
508	508	9 natural life imprisonment shall receive sentence credit under
509	509	10 subparagraph (B) of this paragraph (4) except in the case that
510	510	11 his or her sentence is later reduced as provided under
511	511	12 paragraph (2.2) of subsection (a).
512	512	13 (E) The rules and regulations shall provide for the
513	513	14 recalculation of program credits awarded pursuant to this
514	514	15 paragraph (4) prior to July 1, 2021 (the effective date of
515	515	16 Public Act 101-652) at the rate set for such credits on and
516	516	17 after July 1, 2021.
517	517	18 Educational, vocational, substance abuse, behavior
518	518	19 modification programs, life skills courses, re-entry planning,
519	519	20 and correctional industry programs under which sentence credit
520	520	21 may be earned under this paragraph (4) and paragraph (4.1) of
521	521	22 this subsection (a) shall be evaluated by the Department on
522	522	23 the basis of documented standards. The Department shall report
523	523	24 the results of these evaluations to the Governor and the
524	524	25 General Assembly by September 30th of each year. The reports
525	525	26 shall include data relating to the recidivism rate among
526	526
527	527
528	528
529	529
530	530
531	531	HB2367 - 14 - LRB104 08305 RLC 20078 b
532	532
533	533
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535	535	HB2367 - 15 - LRB104 08305 RLC 20078 b
536	536	1 program participants.
537	537	2 Availability of these programs shall be subject to the
538	538	3 limits of fiscal resources appropriated by the General
539	539	4 Assembly for these purposes. Eligible incarcerated persons
540	540	5 inmates who are denied immediate admission shall be placed on
541	541	6 a waiting list under criteria established by the Department.
542	542	7 The rules and regulations shall provide that an incarcerated
543	543	8 person a prisoner who has been placed on a waiting list but is
544	544	9 transferred for non-disciplinary reasons before beginning a
545	545	10 program shall receive priority placement on the waitlist for
546	546	11 appropriate programs at the new facility. The inability of any
547	547	12 incarcerated person inmate to become engaged in any such
548	548	13 programs by reason of insufficient program resources or for
549	549	14 any other reason established under the rules and regulations
550	550	15 of the Department shall not be deemed a cause of action under
551	551	16 which the Department or any employee or agent of the
552	552	17 Department shall be liable for damages to the incarcerated
553	553	18 person inmate. The rules and regulations shall provide that an
554	554	19 incarcerated person a prisoner who begins an educational,
555	555	20 vocational, substance abuse, work-release programs or
556	556	21 activities in accordance with Article 13 of Chapter III of
557	557	22 this Code, behavior modification program, life skills course,
558	558	23 re-entry planning, or correctional industry programs but is
559	559	24 unable to complete the program due to illness, disability,
560	560	25 transfer, lockdown, or another reason outside of the
561	561	26 incarcerated person's prisoner's control shall receive
562	562
563	563
564	564
565	565
566	566
567	567	HB2367 - 15 - LRB104 08305 RLC 20078 b
568	568
569	569
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571	571	HB2367 - 16 - LRB104 08305 RLC 20078 b
572	572	1 prorated sentence credits for the days in which the
573	573	2 incarcerated person prisoner did participate.
574	574	3 (4.1) Except as provided in paragraph (4.7) of this
575	575	4 subsection (a), the rules and regulations shall also provide
576	576	5 that an additional 90 days of sentence credit shall be awarded
577	577	6 to any incarcerated person prisoner who passes high school
578	578	7 equivalency testing while the incarcerated person prisoner is
579	579	8 committed to the Department of Corrections. The sentence
580	580	9 credit awarded under this paragraph (4.1) shall be in addition
581	581	10 to, and shall not affect, the award of sentence credit under
582	582	11 any other paragraph of this Section, but shall also be
583	583	12 pursuant to the guidelines and restrictions set forth in
584	584	13 paragraph (4) of subsection (a) of this Section. The sentence
585	585	14 credit provided for in this paragraph shall be available only
586	586	15 to those incarcerated persons prisoners who have not
587	587	16 previously earned a high school diploma or a State of Illinois
588	588	17 High School Diploma. If, after an award of the high school
589	589	18 equivalency testing sentence credit has been made, the
590	590	19 Department determines that the incarcerated person prisoner
591	591	20 was not eligible, then the award shall be revoked. The
592	592	21 Department may also award 90 days of sentence credit to any
593	593	22 committed person who passed high school equivalency testing
594	594	23 while he or she was held in pre-trial detention prior to the
595	595	24 current commitment to the Department of Corrections. Except as
596	596	25 provided in paragraph (4.7) of this subsection (a), the rules
597	597	26 and regulations shall provide that an additional 120 days of
598	598
599	599
600	600
601	601
602	602
603	603	HB2367 - 16 - LRB104 08305 RLC 20078 b
604	604
605	605
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607	607	HB2367 - 17 - LRB104 08305 RLC 20078 b
608	608	1 sentence credit shall be awarded to any incarcerated person
609	609	2 prisoner who obtains an associate degree while the
610	610	3 incarcerated person prisoner is committed to the Department of
611	611	4 Corrections, regardless of the date that the associate degree
612	612	5 was obtained, including if prior to July 1, 2021 (the
613	613	6 effective date of Public Act 101-652). The sentence credit
614	614	7 awarded under this paragraph (4.1) shall be in addition to,
615	615	8 and shall not affect, the award of sentence credit under any
616	616	9 other paragraph of this Section, but shall also be under the
617	617	10 guidelines and restrictions set forth in paragraph (4) of
618	618	11 subsection (a) of this Section. The sentence credit provided
619	619	12 for in this paragraph (4.1) shall be available only to those
620	620	13 incarcerated persons prisoners who have not previously earned
621	621	14 an associate degree prior to the current commitment to the
622	622	15 Department of Corrections. If, after an award of the associate
623	623	16 degree sentence credit has been made and the Department
624	624	17 determines that the incarcerated person prisoner was not
625	625	18 eligible, then the award shall be revoked. The Department may
626	626	19 also award 120 days of sentence credit to any committed person
627	627	20 who earned an associate degree while he or she was held in
628	628	21 pre-trial detention prior to the current commitment to the
629	629	22 Department of Corrections.
630	630	23 Except as provided in paragraph (4.7) of this subsection
631	631	24 (a), the rules and regulations shall provide that an
632	632	25 additional 180 days of sentence credit shall be awarded to any
633	633	26 incarcerated person prisoner who obtains a bachelor's degree
634	634
635	635
636	636
637	637
638	638
639	639	HB2367 - 17 - LRB104 08305 RLC 20078 b
640	640
641	641
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643	643	HB2367 - 18 - LRB104 08305 RLC 20078 b
644	644	1 while the incarcerated person prisoner is committed to the
645	645	2 Department of Corrections. The sentence credit awarded under
646	646	3 this paragraph (4.1) shall be in addition to, and shall not
647	647	4 affect, the award of sentence credit under any other paragraph
648	648	5 of this Section, but shall also be under the guidelines and
649	649	6 restrictions set forth in paragraph (4) of this subsection
650	650	7 (a). The sentence credit provided for in this paragraph shall
651	651	8 be available only to those incarcerated persons prisoners who
652	652	9 have not earned a bachelor's degree prior to the current
653	653	10 commitment to the Department of Corrections. If, after an
654	654	11 award of the bachelor's degree sentence credit has been made,
655	655	12 the Department determines that the incarcerated persons
656	656	13 prisoner was not eligible, then the award shall be revoked.
657	657	14 The Department may also award 180 days of sentence credit to
658	658	15 any committed person who earned a bachelor's degree while he
659	659	16 or she was held in pre-trial detention prior to the current
660	660	17 commitment to the Department of Corrections.
661	661	18 Except as provided in paragraph (4.7) of this subsection
662	662	19 (a), the rules and regulations shall provide that an
663	663	20 additional 180 days of sentence credit shall be awarded to any
664	664	21 incarcerated person prisoner who obtains a master's or
665	665	22 professional degree while the incarcerated person prisoner is
666	666	23 committed to the Department of Corrections. The sentence
667	667	24 credit awarded under this paragraph (4.1) shall be in addition
668	668	25 to, and shall not affect, the award of sentence credit under
669	669	26 any other paragraph of this Section, but shall also be under
670	670
671	671
672	672
673	673
674	674
675	675	HB2367 - 18 - LRB104 08305 RLC 20078 b
676	676
677	677
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679	679	HB2367 - 19 - LRB104 08305 RLC 20078 b
680	680	1 the guidelines and restrictions set forth in paragraph (4) of
681	681	2 this subsection (a). The sentence credit provided for in this
682	682	3 paragraph shall be available only to those incarcerated
683	683	4 persons prisoners who have not previously earned a master's or
684	684	5 professional degree prior to the current commitment to the
685	685	6 Department of Corrections. If, after an award of the master's
686	686	7 or professional degree sentence credit has been made, the
687	687	8 Department determines that the incarcerated person prisoner
688	688	9 was not eligible, then the award shall be revoked. The
689	689	10 Department may also award 180 days of sentence credit to any
690	690	11 committed person who earned a master's or professional degree
691	691	12 while he or she was held in pre-trial detention prior to the
692	692	13 current commitment to the Department of Corrections.
693	693	14 (4.2)(A) The rules and regulations shall also provide that
694	694	15 any incarcerated person prisoner engaged in self-improvement
695	695	16 programs, volunteer work, or work assignments that are not
696	696	17 otherwise eligible activities under paragraph (4), shall
697	697	18 receive up to 0.5 days of sentence credit for each day in which
698	698	19 the incarcerated person prisoner is engaged in activities
699	699	20 described in this paragraph.
700	700	21 (B) The rules and regulations shall provide for the award
701	701	22 of sentence credit under this paragraph (4.2) for qualifying
702	702	23 days of engagement in eligible activities occurring prior to
703	703	24 July 1, 2021 (the effective date of Public Act 101-652).
704	704	25 (4.5) The rules and regulations on sentence credit shall
705	705	26 also provide that when the court's sentencing order recommends
706	706
707	707
708	708
709	709
710	710
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712	712
713	713
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715	715	HB2367 - 20 - LRB104 08305 RLC 20078 b
716	716	1 an incarcerated person a prisoner for substance abuse
717	717	2 treatment and the crime was committed on or after September 1,
718	718	3 2003 (the effective date of Public Act 93-354), the
719	719	4 incarcerated person prisoner shall receive no sentence credit
720	720	5 awarded under clause (3) of this subsection (a) unless he or
721	721	6 she participates in and completes a substance abuse treatment
722	722	7 program. The Director of Corrections may waive the requirement
723	723	8 to participate in or complete a substance abuse treatment
724	724	9 program in specific instances if the incarcerated person
725	725	10 prisoner is not a good candidate for a substance abuse
726	726	11 treatment program for medical, programming, or operational
727	727	12 reasons. Availability of substance abuse treatment shall be
728	728	13 subject to the limits of fiscal resources appropriated by the
729	729	14 General Assembly for these purposes. If treatment is not
730	730	15 available and the requirement to participate and complete the
731	731	16 treatment has not been waived by the Director, the
732	732	17 incarcerated person prisoner shall be placed on a waiting list
733	733	18 under criteria established by the Department. The Director may
734	734	19 allow an incarcerated person a prisoner placed on a waiting
735	735	20 list to participate in and complete a substance abuse
736	736	21 education class or attend substance abuse self-help meetings
737	737	22 in lieu of a substance abuse treatment program. An
738	738	23 incarcerated person A prisoner on a waiting list who is not
739	739	24 placed in a substance abuse program prior to release may be
740	740	25 eligible for a waiver and receive sentence credit under clause
741	741	26 (3) of this subsection (a) at the discretion of the Director.
742	742
743	743
744	744
745	745
746	746
747	747	HB2367 - 20 - LRB104 08305 RLC 20078 b
748	748
749	749
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751	751	HB2367 - 21 - LRB104 08305 RLC 20078 b
752	752	1 (4.6) The rules and regulations on sentence credit shall
753	753	2 also provide that an incarcerated person a prisoner who has
754	754	3 been convicted of a sex offense as defined in Section 2 of the
755	755	4 Sex Offender Registration Act shall receive no sentence credit
756	756	5 unless he or she either has successfully completed or is
757	757	6 participating in sex offender treatment as defined by the Sex
758	758	7 Offender Management Board. However, incarcerated persons
759	759	8 prisoners who are waiting to receive treatment, but who are
760	760	9 unable to do so due solely to the lack of resources on the part
761	761	10 of the Department, may, at either Director's sole discretion,
762	762	11 be awarded sentence credit at a rate as the Director shall
763	763	12 determine.
764	764	13 (4.7) (Blank). On or after January 1, 2018 (the effective
765	765	14 date of Public Act 100-3), sentence credit under paragraph
766	766	15 (3), (4), or (4.1) of this subsection (a) may be awarded to a
767	767	16 prisoner who is serving a sentence for an offense described in
768	768	17 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
769	769	18 on or after January 1, 2018 (the effective date of Public Act
770	770	19 100-3); provided, the award of the credits under this
771	771	20 paragraph (4.7) shall not reduce the sentence of the prisoner
772	772	21 to less than the following amounts:
773	773	22 (i) 85% of his or her sentence if the prisoner is
774	774	23 required to serve 85% of his or her sentence; or
775	775	24 (ii) 60% of his or her sentence if the prisoner is
776	776	25 required to serve 75% of his or her sentence, except if the
777	777	26 prisoner is serving a sentence for gunrunning his or her
778	778
779	779
780	780
781	781
782	782
783	783	HB2367 - 21 - LRB104 08305 RLC 20078 b
784	784
785	785
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787	787	HB2367 - 22 - LRB104 08305 RLC 20078 b
788	788	1 sentence shall not be reduced to less than 75%.
789	789	2 (iii) 100% of his or her sentence if the prisoner is
790	790	3 required to serve 100% of his or her sentence.
791	791	4 (5) Whenever the Department is to release any incarcerated
792	792	5 person inmate earlier than it otherwise would because of a
793	793	6 grant of earned sentence credit under paragraph (3) of
794	794	7 subsection (a) of this Section given at any time during the
795	795	8 term, the Department shall give reasonable notice of the
796	796	9 impending release not less than 14 days prior to the date of
797	797	10 the release to the State's Attorney of the county where the
798	798	11 prosecution of the incarcerated person inmate took place, and
799	799	12 if applicable, the State's Attorney of the county into which
800	800	13 the incarcerated person inmate will be released. The
801	801	14 Department must also make identification information and a
802	802	15 recent photo of the incarcerated person inmate being released
803	803	16 accessible on the Internet by means of a hyperlink labeled
804	804	17 "Community Notification of Inmate Early Release" on the
805	805	18 Department's World Wide Web homepage. The identification
806	806	19 information shall include the incarcerated person's inmate's:
807	807	20 name, any known alias, date of birth, physical
808	808	21 characteristics, commitment offense, and county where
809	809	22 conviction was imposed. The identification information shall
810	810	23 be placed on the website within 3 days of the incarcerated
811	811	24 person's inmate's release and the information may not be
812	812	25 removed until either: completion of the first year of
813	813	26 mandatory supervised release or return of the incarcerated
814	814
815	815
816	816
817	817
818	818
819	819	HB2367 - 22 - LRB104 08305 RLC 20078 b
820	820
821	821
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823	823	HB2367 - 23 - LRB104 08305 RLC 20078 b
824	824	1 person inmate to custody of the Department.
825	825	2 (b) Whenever a person is or has been committed under
826	826	3 several convictions, with separate sentences, the sentences
827	827	4 shall be construed under Section 5-8-4 in granting and
828	828	5 forfeiting of sentence credit.
829	829	6 (c) (1) The Department shall prescribe rules and
830	830	7 regulations for revoking sentence credit, including revoking
831	831	8 sentence credit awarded under paragraph (3) of subsection (a)
832	832	9 of this Section. The Department shall prescribe rules and
833	833	10 regulations establishing and requiring the use of a sanctions
834	834	11 matrix for revoking sentence credit. The Department shall
835	835	12 prescribe rules and regulations for suspending or reducing the
836	836	13 rate of accumulation of sentence credit for specific rule
837	837	14 violations, during imprisonment. These rules and regulations
838	838	15 shall provide that no incarcerated person inmate may be
839	839	16 penalized more than one year of sentence credit for any one
840	840	17 infraction.
841	841	18 (2) When the Department seeks to revoke, suspend, or
842	842	19 reduce the rate of accumulation of any sentence credits for an
843	843	20 alleged infraction of its rules, it shall bring charges
844	844	21 therefor against the incarcerated person prisoner sought to be
845	845	22 so deprived of sentence credits before the Prisoner Review
846	846	23 Board as provided in subparagraph (a)(4) of Section 3-3-2 of
847	847	24 this Code, if the amount of credit at issue exceeds 30 days,
848	848	25 whether from one infraction or cumulatively from multiple
849	849	26 infractions arising out of a single event, or when, during any
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB2367 - 24 - LRB104 08305 RLC 20078 b
860	860	1 12-month period, the cumulative amount of credit revoked
861	861	2 exceeds 30 days except where the infraction is committed or
862	862	3 discovered within 60 days of scheduled release. In those
863	863	4 cases, the Department of Corrections may revoke up to 30 days
864	864	5 of sentence credit. The Board may subsequently approve the
865	865	6 revocation of additional sentence credit, if the Department
866	866	7 seeks to revoke sentence credit in excess of 30 days. However,
867	867	8 the Board shall not be empowered to review the Department's
868	868	9 decision with respect to the loss of 30 days of sentence credit
869	869	10 within any calendar year for any incarcerated person prisoner
870	870	11 or to increase any penalty beyond the length requested by the
871	871	12 Department.
872	872	13 (3) The Director of Corrections or the Director of
873	873	14 Juvenile Justice, in appropriate cases, may restore sentence
874	874	15 credits which have been revoked, suspended, or reduced. The
875	875	16 Department shall prescribe rules and regulations governing the
876	876	17 restoration of sentence credits. These rules and regulations
877	877	18 shall provide for the automatic restoration of sentence
878	878	19 credits following a period in which the incarcerated person
879	879	20 prisoner maintains a record without a disciplinary violation.
880	880	21 Nothing contained in this Section shall prohibit the
881	881	22 Prisoner Review Board from ordering, pursuant to Section
882	882	23 3-3-9(a)(3)(i)(B), that an incarcerated person a prisoner
883	883	24 serve up to one year of the sentence imposed by the court that
884	884	25 was not served due to the accumulation of sentence credit.
885	885	26 (d) If a lawsuit is filed by an incarcerated person a
886	886
887	887
888	888
889	889
890	890
891	891	HB2367 - 24 - LRB104 08305 RLC 20078 b
892	892
893	893
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895	895	HB2367 - 25 - LRB104 08305 RLC 20078 b
896	896	1 prisoner in an Illinois or federal court against the State,
897	897	2 the Department of Corrections, or the Prisoner Review Board,
898	898	3 or against any of their officers or employees, and the court
899	899	4 makes a specific finding that a pleading, motion, or other
900	900	5 paper filed by the incarcerated person prisoner is frivolous,
901	901	6 the Department of Corrections shall conduct a hearing to
902	902	7 revoke up to 180 days of sentence credit by bringing charges
903	903	8 against the incarcerated person prisoner sought to be deprived
904	904	9 of the sentence credits before the Prisoner Review Board as
905	905	10 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
906	906	11 If the incarcerated person prisoner has not accumulated 180
907	907	12 days of sentence credit at the time of the finding, then the
908	908	13 Prisoner Review Board may revoke all sentence credit
909	909	14 accumulated by the incarcerated person prisoner.
910	910	15 For purposes of this subsection (d):
911	911	16 (1) "Frivolous" means that a pleading, motion, or
912	912	17 other filing which purports to be a legal document filed
913	913	18 by an incarcerated person a prisoner in his or her lawsuit
914	914	19 meets any or all of the following criteria:
915	915	20 (A) it lacks an arguable basis either in law or in
916	916	21 fact;
917	917	22 (B) it is being presented for any improper
918	918	23 purpose, such as to harass or to cause unnecessary
919	919	24 delay or needless increase in the cost of litigation;
920	920	25 (C) the claims, defenses, and other legal
921	921	26 contentions therein are not warranted by existing law
922	922
923	923
924	924
925	925
926	926
927	927	HB2367 - 25 - LRB104 08305 RLC 20078 b
928	928
929	929
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931	931	HB2367 - 26 - LRB104 08305 RLC 20078 b
932	932	1 or by a nonfrivolous argument for the extension,
933	933	2 modification, or reversal of existing law or the
934	934	3 establishment of new law;
935	935	4 (D) the allegations and other factual contentions
936	936	5 do not have evidentiary support or, if specifically so
937	937	6 identified, are not likely to have evidentiary support
938	938	7 after a reasonable opportunity for further
939	939	8 investigation or discovery; or
940	940	9 (E) the denials of factual contentions are not
941	941	10 warranted on the evidence, or if specifically so
942	942	11 identified, are not reasonably based on a lack of
943	943	12 information or belief.
944	944	13 (2) "Lawsuit" means a motion pursuant to Section 116-3
945	945	14 of the Code of Criminal Procedure of 1963, a habeas corpus
946	946	15 action under Article X of the Code of Civil Procedure or
947	947	16 under federal law (28 U.S.C. 2254), a petition for claim
948	948	17 under the Court of Claims Act, an action under the federal
949	949	18 Civil Rights Act (42 U.S.C. 1983), or a second or
950	950	19 subsequent petition for post-conviction relief under
951	951	20 Article 122 of the Code of Criminal Procedure of 1963
952	952	21 whether filed with or without leave of court or a second or
953	953	22 subsequent petition for relief from judgment under Section
954	954	23 2-1401 of the Code of Civil Procedure.
955	955	24 (e) Nothing in Public Act 90-592 or 90-593 affects the
956	956	25 validity of Public Act 89-404.
957	957	26 (f) Whenever the Department is to release any incarcerated
958	958
959	959
960	960
961	961
962	962
963	963	HB2367 - 26 - LRB104 08305 RLC 20078 b
964	964
965	965
966	966	HB2367- 27 -LRB104 08305 RLC 20078 b HB2367 - 27 - LRB104 08305 RLC 20078 b
967	967	HB2367 - 27 - LRB104 08305 RLC 20078 b
968	968	1 person inmate who has been convicted of a violation of an order
969	969	2 of protection under Section 12-3.4 or 12-30 of the Criminal
970	970	3 Code of 1961 or the Criminal Code of 2012, earlier than it
971	971	4 otherwise would because of a grant of sentence credit, the
972	972	5 Department, as a condition of release, shall require that the
973	973	6 person, upon release, be placed under electronic surveillance
974	974	7 as provided in Section 5-8A-7 of this Code.
975	975	8 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
976	976	9 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
977	977	10 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
978	978	11 eff. 7-1-24; 103-822, eff. 1-1-25.)
979	979
980	980
981	981
982	982
983	983
984	984	HB2367 - 27 - LRB104 08305 RLC 20078 b