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
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
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
LRB104 08305 RLC 20078 b
A BILL FOR
HB2367LRB104 08305 RLC 20078 b HB2367 LRB104 08305 RLC 20078 b
HB2367 LRB104 08305 RLC 20078 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-3 as follows:
6 (730 ILCS 5/3-6-3)
7 Sec. 3-6-3. Rules and regulations for sentence credit.
8 (a)(1) The Department of Corrections shall prescribe rules
9 and regulations for awarding and revoking sentence credit for
10 persons committed to the Department of Corrections and the
11 Department of Juvenile Justice shall prescribe rules and
12 regulations for awarding and revoking sentence credit for
13 persons committed to the Department of Juvenile Justice under
14 Section 5-8-6 of the Unified Code of Corrections, which shall
15 be subject to review by the Prisoner Review Board.
16 (1.5) As otherwise provided by law, sentence credit may be
17 awarded for the following:
18 (A) successful completion of programming while in
19 custody of the Department of Corrections or the Department
20 of Juvenile Justice or while in custody prior to
21 sentencing;
22 (B) compliance with the rules and regulations of the
23 Department; or
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
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
LRB104 08305 RLC 20078 b
A BILL FOR
730 ILCS 5/3-6-3
LRB104 08305 RLC 20078 b
HB2367 LRB104 08305 RLC 20078 b
HB2367- 2 -LRB104 08305 RLC 20078 b HB2367 - 2 - LRB104 08305 RLC 20078 b
HB2367 - 2 - LRB104 08305 RLC 20078 b
1 (C) service to the institution, service to a
2 community, or service to the State.
3 (2) The rules and regulations shall provide that the
4 individual in custody shall receive one day of sentence credit
5 for each day of service in prison other than when a sentence of
6 natural life imprisonment has been imposed. Each day of
7 sentence credit shall reduce by one day the incarcerated
8 person's period of incarceration set by the court. Except as
9 provided in paragraph (4.7) of this subsection (a), the rules
10 and regulations on sentence credit shall provide, with respect
11 to offenses listed in clause (i), (ii), or (iii) of this
12 paragraph (2) committed on or after June 19, 1998 or with
13 respect to the offense listed in clause (iv) of this paragraph
14 (2) committed on or after June 23, 2005 (the effective date of
15 Public Act 94-71) or with respect to offense listed in clause
16 (vi) committed on or after June 1, 2008 (the effective date of
17 Public Act 95-625) or with respect to the offense of unlawful
18 possession of a firearm by a repeat felony offender committed
19 on or after August 2, 2005 (the effective date of Public Act
20 94-398) or with respect to the offenses listed in clause (v) of
21 this paragraph (2) committed on or after August 13, 2007 (the
22 effective date of Public Act 95-134) or with respect to the
23 offense of aggravated domestic battery committed on or after
24 July 23, 2010 (the effective date of Public Act 96-1224) or
25 with respect to the offense of attempt to commit terrorism
26 committed on or after January 1, 2013 (the effective date of
HB2367 - 2 - LRB104 08305 RLC 20078 b
HB2367- 3 -LRB104 08305 RLC 20078 b HB2367 - 3 - LRB104 08305 RLC 20078 b
HB2367 - 3 - LRB104 08305 RLC 20078 b
1 Public Act 97-990), the following:
2 (i) that a prisoner who is serving a term of
3 imprisonment for first degree murder or for the offense of
4 terrorism shall receive no sentence credit and shall serve
5 the entire sentence imposed by the court;
6 (ii) that a prisoner serving a sentence for attempt to
7 commit terrorism, attempt to commit first degree murder,
8 solicitation of murder, solicitation of murder for hire,
9 intentional homicide of an unborn child, predatory
10 criminal sexual assault of a child, aggravated criminal
11 sexual assault, criminal sexual assault, aggravated
12 kidnapping, aggravated battery with a firearm as described
13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
14 or (e)(4) of Section 12-3.05, heinous battery as described
15 in Section 12-4.1 or subdivision (a)(2) of Section
16 12-3.05, unlawful possession of a firearm by a repeat
17 felony offender, aggravated battery of a senior citizen as
18 described in Section 12-4.6 or subdivision (a)(4) of
19 Section 12-3.05, or aggravated battery of a child as
20 described in Section 12-4.3 or subdivision (b)(1) of
21 Section 12-3.05 shall receive no more than 4.5 days of
22 sentence credit for each month of his or her sentence of
23 imprisonment;
24 (iii) that a prisoner serving a sentence for home
25 invasion, armed robbery, aggravated vehicular hijacking,
26 aggravated discharge of a firearm, or armed violence with
HB2367 - 3 - LRB104 08305 RLC 20078 b
HB2367- 4 -LRB104 08305 RLC 20078 b HB2367 - 4 - LRB104 08305 RLC 20078 b
HB2367 - 4 - LRB104 08305 RLC 20078 b
1 a category I weapon or category II weapon, when the court
2 has made and entered a finding, pursuant to subsection
3 (c-1) of Section 5-4-1 of this Code, that the conduct
4 leading to conviction for the enumerated offense resulted
5 in great bodily harm to a victim, shall receive no more
6 than 4.5 days of sentence credit for each month of his or
7 her sentence of imprisonment;
8 (iv) that a prisoner serving a sentence for aggravated
9 discharge of a firearm, whether or not the conduct leading
10 to conviction for the offense resulted in great bodily
11 harm to the victim, shall receive no more than 4.5 days of
12 sentence credit for each month of his or her sentence of
13 imprisonment;
14 (v) that a person serving a sentence for gunrunning,
15 narcotics racketeering, controlled substance trafficking,
16 methamphetamine trafficking, drug-induced homicide,
17 aggravated methamphetamine-related child endangerment,
18 money laundering pursuant to clause (c) (4) or (5) of
19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
20 Code of 2012, or a Class X felony conviction for delivery
21 of a controlled substance, possession of a controlled
22 substance with intent to manufacture or deliver,
23 calculated criminal drug conspiracy, criminal drug
24 conspiracy, street gang criminal drug conspiracy,
25 participation in methamphetamine manufacturing,
26 aggravated participation in methamphetamine
HB2367 - 4 - LRB104 08305 RLC 20078 b
HB2367- 5 -LRB104 08305 RLC 20078 b HB2367 - 5 - LRB104 08305 RLC 20078 b
HB2367 - 5 - LRB104 08305 RLC 20078 b
1 manufacturing, delivery of methamphetamine, possession
2 with intent to deliver methamphetamine, aggravated
3 delivery of methamphetamine, aggravated possession with
4 intent to deliver methamphetamine, methamphetamine
5 conspiracy when the substance containing the controlled
6 substance or methamphetamine is 100 grams or more shall
7 receive no more than 7.5 days sentence credit for each
8 month of his or her sentence of imprisonment;
9 (vi) that a prisoner serving a sentence for a second
10 or subsequent offense of luring a minor shall receive no
11 more than 4.5 days of sentence credit for each month of his
12 or her sentence of imprisonment; and
13 (vii) that a prisoner serving a sentence for
14 aggravated domestic battery shall receive no more than 4.5
15 days of sentence credit for each month of his or her
16 sentence of imprisonment.
17 (2.1) Within 6 months after the effective date of this
18 amendatory Act of the 104th General Assembly, the Department
19 of Corrections shall recalculate each incarcerated person's
20 release date by crediting each person one day sentence credit
21 for each day the incarcerated person has spent in prison on the
22 current sentence. For all offenses, other than those
23 enumerated in subdivision (a)(2)(i), (ii), or (iii) committed
24 on or after June 19, 1998 or subdivision (a)(2)(iv) committed
25 on or after June 23, 2005 (the effective date of Public Act
26 94-71) or subdivision (a)(2)(v) committed on or after August
HB2367 - 5 - LRB104 08305 RLC 20078 b
HB2367- 6 -LRB104 08305 RLC 20078 b HB2367 - 6 - LRB104 08305 RLC 20078 b
HB2367 - 6 - LRB104 08305 RLC 20078 b
1 13, 2007 (the effective date of Public Act 95-134) or
2 subdivision (a)(2)(vi) committed on or after June 1, 2008 (the
3 effective date of Public Act 95-625) or subdivision
4 (a)(2)(vii) committed on or after July 23, 2010 (the effective
5 date of Public Act 96-1224), and other than the offense of
6 aggravated driving under the influence of alcohol, other drug
7 or drugs, or intoxicating compound or compounds, or any
8 combination thereof as defined in subparagraph (F) of
9 paragraph (1) of subsection (d) of Section 11-501 of the
10 Illinois Vehicle Code, and other than the offense of
11 aggravated driving under the influence of alcohol, other drug
12 or drugs, or intoxicating compound or compounds, or any
13 combination thereof as defined in subparagraph (C) of
14 paragraph (1) of subsection (d) of Section 11-501 of the
15 Illinois Vehicle Code committed on or after January 1, 2011
16 (the effective date of Public Act 96-1230), the rules and
17 regulations shall provide that an incarcerated person a
18 prisoner who is serving a term of imprisonment shall receive
19 one day of sentence credit for each day of his or her sentence
20 of imprisonment or recommitment under Section 3-3-9. Each day
21 of sentence credit shall reduce by one day the incarcerated
22 person's prisoner's period of imprisonment or recommitment
23 under Section 3-3-9.
24 (2.2) An incarcerated person A prisoner serving a term of
25 natural life imprisonment shall be eligible to accumulate
26 sentencing credit if his or her sentence is reduced to less
HB2367 - 6 - LRB104 08305 RLC 20078 b
HB2367- 7 -LRB104 08305 RLC 20078 b HB2367 - 7 - LRB104 08305 RLC 20078 b
HB2367 - 7 - LRB104 08305 RLC 20078 b
1 than a sentence of natural life imprisonment, which shall be
2 credited toward his or her new sentence receive no sentence
3 credit.
4 (2.3) (Blank). Except as provided in paragraph (4.7) of
5 this subsection (a), the rules and regulations on sentence
6 credit shall provide that a prisoner who is serving a sentence
7 for aggravated driving under the influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds, or any
9 combination thereof as defined in subparagraph (F) of
10 paragraph (1) of subsection (d) of Section 11-501 of the
11 Illinois Vehicle Code, shall receive no more than 4.5 days of
12 sentence credit for each month of his or her sentence of
13 imprisonment.
14 (2.4) (Blank). Except as provided in paragraph (4.7) of
15 this subsection (a), the rules and regulations on sentence
16 credit shall provide with respect to the offenses of
17 aggravated battery with a machine gun or a firearm equipped
18 with any device or attachment designed or used for silencing
19 the report of a firearm or aggravated discharge of a machine
20 gun or a firearm equipped with any device or attachment
21 designed or used for silencing the report of a firearm,
22 committed on or after July 15, 1999 (the effective date of
23 Public Act 91-121), that a prisoner serving a sentence for any
24 of these offenses shall receive no more than 4.5 days of
25 sentence credit for each month of his or her sentence of
26 imprisonment.
HB2367 - 7 - LRB104 08305 RLC 20078 b
HB2367- 8 -LRB104 08305 RLC 20078 b HB2367 - 8 - LRB104 08305 RLC 20078 b
HB2367 - 8 - LRB104 08305 RLC 20078 b
1 (2.5) (Blank). Except as provided in paragraph (4.7) of
2 this subsection (a), the rules and regulations on sentence
3 credit shall provide that a prisoner who is serving a sentence
4 for aggravated arson committed on or after July 27, 2001 (the
5 effective date of Public Act 92-176) shall receive no more
6 than 4.5 days of sentence credit for each month of his or her
7 sentence of imprisonment.
8 (2.6) (Blank). Except as provided in paragraph (4.7) of
9 this subsection (a), the rules and regulations on sentence
10 credit shall provide that a prisoner who is serving a sentence
11 for aggravated driving under the influence of alcohol, other
12 drug or drugs, or intoxicating compound or compounds or any
13 combination thereof as defined in subparagraph (C) of
14 paragraph (1) of subsection (d) of Section 11-501 of the
15 Illinois Vehicle Code committed on or after January 1, 2011
16 (the effective date of Public Act 96-1230) shall receive no
17 more than 4.5 days of sentence credit for each month of his or
18 her sentence of imprisonment.
19 (3) In addition to the sentence credits earned under
20 paragraphs (2), (2.1), (4), (4.1), and (4.2), and (4.7) of
21 this subsection (a), the rules and regulations shall also
22 provide that the Director of Corrections or the Director of
23 Juvenile Justice may award up to 180 days of earned sentence
24 credit for incarcerated persons prisoners serving a sentence
25 of incarceration of less than 5 years, and up to 365 days of
26 earned sentence credit for incarcerated persons prisoners
HB2367 - 8 - LRB104 08305 RLC 20078 b
HB2367- 9 -LRB104 08305 RLC 20078 b HB2367 - 9 - LRB104 08305 RLC 20078 b
HB2367 - 9 - LRB104 08305 RLC 20078 b
1 serving a sentence of 5 years or longer. The Director may grant
2 this credit for good conduct in specific instances as either
3 Director deems proper for eligible persons in the custody of
4 each Director's respective Department. The good conduct may
5 include, but is not limited to, compliance with the rules and
6 regulations of the Department, service to the Department,
7 service to a community, or service to the State.
8 Incarcerated persons eligible Eligible inmates for an
9 award of earned sentence credit under this paragraph (3) may
10 be selected to receive the credit at either Director's or his
11 or her designee's sole discretion. Eligibility for the
12 additional earned sentence credit under this paragraph (3) may
13 be based on, but is not limited to, participation in
14 programming offered by the Department as appropriate for the
15 incarcerated person prisoner based on the results of any
16 available risk/needs assessment or other relevant assessments
17 or evaluations administered by the Department using a
18 validated instrument, the circumstances of the crime,
19 demonstrated commitment to rehabilitation by a incarcerated
20 person prisoner with a history of conviction for a forcible
21 felony enumerated in Section 2-8 of the Criminal Code of 2012,
22 the incarcerated person's inmate's behavior and improvements
23 in disciplinary history while incarcerated, and the
24 incarcerated person's inmate's commitment to rehabilitation,
25 including participation in programming offered by the
26 Department.
HB2367 - 9 - LRB104 08305 RLC 20078 b
HB2367- 10 -LRB104 08305 RLC 20078 b HB2367 - 10 - LRB104 08305 RLC 20078 b
HB2367 - 10 - LRB104 08305 RLC 20078 b
1 The Director of Corrections or the Director of Juvenile
2 Justice shall not award sentence credit under this paragraph
3 (3) to an incarcerated person inmate unless the incarcerated
4 person inmate has served a minimum of 60 days of the sentence,
5 including time served in a county jail; except nothing in this
6 paragraph shall be construed to permit either Director to
7 extend an incarcerated person's inmate's sentence beyond that
8 which was imposed by the court. Prior to awarding credit under
9 this paragraph (3), each Director shall make a written
10 determination that the incarcerated person inmate:
11 (A) is eligible for the earned sentence credit;
12 (B) has served a minimum of 60 days, or as close to 60
13 days as the sentence will allow;
14 (B-1) has received a risk/needs assessment or other
15 relevant evaluation or assessment administered by the
16 Department using a validated instrument; and
17 (C) has met the eligibility criteria established by
18 rule for earned sentence credit.
19 The Director of Corrections or the Director of Juvenile
20 Justice shall determine the form and content of the written
21 determination required in this subsection.
22 (3.5) The Department shall provide annual written reports
23 to the Governor and the General Assembly on the award of earned
24 sentence credit no later than February 1 of each year. The
25 Department must publish both reports on its website within 48
26 hours of transmitting the reports to the Governor and the
HB2367 - 10 - LRB104 08305 RLC 20078 b
HB2367- 11 -LRB104 08305 RLC 20078 b HB2367 - 11 - LRB104 08305 RLC 20078 b
HB2367 - 11 - LRB104 08305 RLC 20078 b
1 General Assembly. The reports must include:
2 (A) the number of incarcerated persons inmates awarded
3 earned sentence credit;
4 (B) the average amount of earned sentence credit
5 awarded;
6 (C) the holding offenses of incarcerated persons
7 inmates awarded earned sentence credit; and
8 (D) the number of earned sentence credit revocations.
9 (4)(A) The Except as provided in paragraph (4.7) of this
10 subsection (a), the rules and regulations shall also provide
11 that any incarcerated person prisoner who is engaged full-time
12 in substance abuse programs, correctional industry
13 assignments, educational programs, work-release programs or
14 activities in accordance with Article 13 of Chapter III of
15 this Code, behavior modification programs, life skills
16 courses, or re-entry planning provided by the Department under
17 this paragraph (4) and satisfactorily completes the assigned
18 program as determined by the standards of the Department,
19 shall receive one day of sentence credit for each day in which
20 that incarcerated person prisoner is engaged in the activities
21 described in this paragraph. The rules and regulations shall
22 also provide that sentence credit may be provided to an
23 incarcerated person inmate who was held in pre-trial detention
24 prior to his or her current commitment to the Department of
25 Corrections and successfully completed a full-time, 60-day or
26 longer substance abuse program, educational program, behavior
HB2367 - 11 - LRB104 08305 RLC 20078 b
HB2367- 12 -LRB104 08305 RLC 20078 b HB2367 - 12 - LRB104 08305 RLC 20078 b
HB2367 - 12 - LRB104 08305 RLC 20078 b
1 modification program, life skills course, or re-entry planning
2 provided by the county department of corrections or county
3 jail. Calculation of this county program credit shall be done
4 at sentencing as provided in Section 5-4.5-100 of this Code
5 and shall be included in the sentencing order. The rules and
6 regulations shall also provide that sentence credit may be
7 provided to an incarcerated person inmate who is in compliance
8 with programming requirements in an adult transition center.
9 (B) The Department shall award sentence credit under this
10 paragraph (4) accumulated prior to January 1, 2020 (the
11 effective date of Public Act 101-440) in an amount specified
12 in subparagraph (C) of this paragraph (4) to an incarcerated
13 person inmate serving a sentence for an offense committed
14 prior to June 19, 1998, if the Department determines that the
15 incarcerated person inmate is entitled to this sentence
16 credit, based upon:
17 (i) documentation provided by the Department that the
18 incarcerated person inmate engaged in any full-time
19 substance abuse programs, correctional industry
20 assignments, educational programs, behavior modification
21 programs, life skills courses, or re-entry planning
22 provided by the Department under this paragraph (4) and
23 satisfactorily completed the assigned program as
24 determined by the standards of the Department during the
25 incarcerated person's inmate's current term of
26 incarceration; or
HB2367 - 12 - LRB104 08305 RLC 20078 b
HB2367- 13 -LRB104 08305 RLC 20078 b HB2367 - 13 - LRB104 08305 RLC 20078 b
HB2367 - 13 - LRB104 08305 RLC 20078 b
1 (ii) the incarcerated person's inmate's own testimony
2 in the form of an affidavit or documentation, or a third
3 party's documentation or testimony in the form of an
4 affidavit that the incarcerated person inmate likely
5 engaged in any full-time substance abuse programs,
6 correctional industry assignments, educational programs,
7 behavior modification programs, life skills courses, or
8 re-entry planning provided by the Department under
9 paragraph (4) and satisfactorily completed the assigned
10 program as determined by the standards of the Department
11 during the incarcerated person's inmate's current term of
12 incarceration.
13 (C) If the incarcerated person inmate can provide
14 documentation that he or she is entitled to sentence credit
15 under subparagraph (B) in excess of 45 days of participation
16 in those programs, the incarcerated person inmate shall
17 receive 90 days of sentence credit. If the incarcerated person
18 inmate cannot provide documentation of more than 45 days of
19 participation in those programs, the incarcerated person
20 inmate shall receive 45 days of sentence credit. In the event
21 of a disagreement between the Department and the incarcerated
22 person inmate as to the amount of credit accumulated under
23 subparagraph (B), if the Department provides documented proof
24 of a lesser amount of days of participation in those programs,
25 that proof shall control. If the Department provides no
26 documentary proof, the incarcerated person's inmate's proof as
HB2367 - 13 - LRB104 08305 RLC 20078 b
HB2367- 14 -LRB104 08305 RLC 20078 b HB2367 - 14 - LRB104 08305 RLC 20078 b
HB2367 - 14 - LRB104 08305 RLC 20078 b
1 set forth in clause (ii) of subparagraph (B) shall control as
2 to the amount of sentence credit provided.
3 (D) If the incarcerated person inmate has been convicted
4 of a sex offense as defined in Section 2 of the Sex Offender
5 Registration Act, sentencing credits under subparagraph (B) of
6 this paragraph (4) shall be awarded by the Department only if
7 the conditions set forth in paragraph (4.6) of subsection (a)
8 are satisfied. No incarcerated person inmate serving a term of
9 natural life imprisonment shall receive sentence credit under
10 subparagraph (B) of this paragraph (4) except in the case that
11 his or her sentence is later reduced as provided under
12 paragraph (2.2) of subsection (a).
13 (E) The rules and regulations shall provide for the
14 recalculation of program credits awarded pursuant to this
15 paragraph (4) prior to July 1, 2021 (the effective date of
16 Public Act 101-652) at the rate set for such credits on and
17 after July 1, 2021.
18 Educational, vocational, substance abuse, behavior
19 modification programs, life skills courses, re-entry planning,
20 and correctional industry programs under which sentence credit
21 may be earned under this paragraph (4) and paragraph (4.1) of
22 this subsection (a) shall be evaluated by the Department on
23 the basis of documented standards. The Department shall report
24 the results of these evaluations to the Governor and the
25 General Assembly by September 30th of each year. The reports
26 shall include data relating to the recidivism rate among
HB2367 - 14 - LRB104 08305 RLC 20078 b
HB2367- 15 -LRB104 08305 RLC 20078 b HB2367 - 15 - LRB104 08305 RLC 20078 b
HB2367 - 15 - LRB104 08305 RLC 20078 b
1 program participants.
2 Availability of these programs shall be subject to the
3 limits of fiscal resources appropriated by the General
4 Assembly for these purposes. Eligible incarcerated persons
5 inmates who are denied immediate admission shall be placed on
6 a waiting list under criteria established by the Department.
7 The rules and regulations shall provide that an incarcerated
8 person a prisoner who has been placed on a waiting list but is
9 transferred for non-disciplinary reasons before beginning a
10 program shall receive priority placement on the waitlist for
11 appropriate programs at the new facility. The inability of any
12 incarcerated person inmate to become engaged in any such
13 programs by reason of insufficient program resources or for
14 any other reason established under the rules and regulations
15 of the Department shall not be deemed a cause of action under
16 which the Department or any employee or agent of the
17 Department shall be liable for damages to the incarcerated
18 person inmate. The rules and regulations shall provide that an
19 incarcerated person a prisoner who begins an educational,
20 vocational, substance abuse, work-release programs or
21 activities in accordance with Article 13 of Chapter III of
22 this Code, behavior modification program, life skills course,
23 re-entry planning, or correctional industry programs but is
24 unable to complete the program due to illness, disability,
25 transfer, lockdown, or another reason outside of the
26 incarcerated person's prisoner's control shall receive
HB2367 - 15 - LRB104 08305 RLC 20078 b
HB2367- 16 -LRB104 08305 RLC 20078 b HB2367 - 16 - LRB104 08305 RLC 20078 b
HB2367 - 16 - LRB104 08305 RLC 20078 b
1 prorated sentence credits for the days in which the
2 incarcerated person prisoner did participate.
3 (4.1) Except as provided in paragraph (4.7) of this
4 subsection (a), the rules and regulations shall also provide
5 that an additional 90 days of sentence credit shall be awarded
6 to any incarcerated person prisoner who passes high school
7 equivalency testing while the incarcerated person prisoner is
8 committed to the Department of Corrections. The sentence
9 credit awarded under this paragraph (4.1) shall be in addition
10 to, and shall not affect, the award of sentence credit under
11 any other paragraph of this Section, but shall also be
12 pursuant to the guidelines and restrictions set forth in
13 paragraph (4) of subsection (a) of this Section. The sentence
14 credit provided for in this paragraph shall be available only
15 to those incarcerated persons prisoners who have not
16 previously earned a high school diploma or a State of Illinois
17 High School Diploma. If, after an award of the high school
18 equivalency testing sentence credit has been made, the
19 Department determines that the incarcerated person prisoner
20 was not eligible, then the award shall be revoked. The
21 Department may also award 90 days of sentence credit to any
22 committed person who passed high school equivalency testing
23 while he or she was held in pre-trial detention prior to the
24 current commitment to the Department of Corrections. Except as
25 provided in paragraph (4.7) of this subsection (a), the rules
26 and regulations shall provide that an additional 120 days of
HB2367 - 16 - LRB104 08305 RLC 20078 b
HB2367- 17 -LRB104 08305 RLC 20078 b HB2367 - 17 - LRB104 08305 RLC 20078 b
HB2367 - 17 - LRB104 08305 RLC 20078 b
1 sentence credit shall be awarded to any incarcerated person
2 prisoner who obtains an associate degree while the
3 incarcerated person prisoner is committed to the Department of
4 Corrections, regardless of the date that the associate degree
5 was obtained, including if prior to July 1, 2021 (the
6 effective date of Public Act 101-652). The sentence credit
7 awarded under this paragraph (4.1) shall be in addition to,
8 and shall not affect, the award of sentence credit under any
9 other paragraph of this Section, but shall also be under the
10 guidelines and restrictions set forth in paragraph (4) of
11 subsection (a) of this Section. The sentence credit provided
12 for in this paragraph (4.1) shall be available only to those
13 incarcerated persons prisoners who have not previously earned
14 an associate degree prior to the current commitment to the
15 Department of Corrections. If, after an award of the associate
16 degree sentence credit has been made and the Department
17 determines that the incarcerated person prisoner was not
18 eligible, then the award shall be revoked. The Department may
19 also award 120 days of sentence credit to any committed person
20 who earned an associate degree while he or she was held in
21 pre-trial detention prior to the current commitment to the
22 Department of Corrections.
23 Except as provided in paragraph (4.7) of this subsection
24 (a), the rules and regulations shall provide that an
25 additional 180 days of sentence credit shall be awarded to any
26 incarcerated person prisoner who obtains a bachelor's degree
HB2367 - 17 - LRB104 08305 RLC 20078 b
HB2367- 18 -LRB104 08305 RLC 20078 b HB2367 - 18 - LRB104 08305 RLC 20078 b
HB2367 - 18 - LRB104 08305 RLC 20078 b
1 while the incarcerated person prisoner is committed to the
2 Department of Corrections. The sentence credit awarded under
3 this paragraph (4.1) shall be in addition to, and shall not
4 affect, the award of sentence credit under any other paragraph
5 of this Section, but shall also be under the guidelines and
6 restrictions set forth in paragraph (4) of this subsection
7 (a). The sentence credit provided for in this paragraph shall
8 be available only to those incarcerated persons prisoners who
9 have not earned a bachelor's degree prior to the current
10 commitment to the Department of Corrections. If, after an
11 award of the bachelor's degree sentence credit has been made,
12 the Department determines that the incarcerated persons
13 prisoner was not eligible, then the award shall be revoked.
14 The Department may also award 180 days of sentence credit to
15 any committed person who earned a bachelor's degree while he
16 or she was held in pre-trial detention prior to the current
17 commitment to the Department of Corrections.
18 Except as provided in paragraph (4.7) of this subsection
19 (a), the rules and regulations shall provide that an
20 additional 180 days of sentence credit shall be awarded to any
21 incarcerated person prisoner who obtains a master's or
22 professional degree while the incarcerated person prisoner is
23 committed to the Department of Corrections. The sentence
24 credit awarded under this paragraph (4.1) shall be in addition
25 to, and shall not affect, the award of sentence credit under
26 any other paragraph of this Section, but shall also be under
HB2367 - 18 - LRB104 08305 RLC 20078 b
HB2367- 19 -LRB104 08305 RLC 20078 b HB2367 - 19 - LRB104 08305 RLC 20078 b
HB2367 - 19 - LRB104 08305 RLC 20078 b
1 the guidelines and restrictions set forth in paragraph (4) of
2 this subsection (a). The sentence credit provided for in this
3 paragraph shall be available only to those incarcerated
4 persons prisoners who have not previously earned a master's or
5 professional degree prior to the current commitment to the
6 Department of Corrections. If, after an award of the master's
7 or professional degree sentence credit has been made, the
8 Department determines that the incarcerated person prisoner
9 was not eligible, then the award shall be revoked. The
10 Department may also award 180 days of sentence credit to any
11 committed person who earned a master's or professional degree
12 while he or she was held in pre-trial detention prior to the
13 current commitment to the Department of Corrections.
14 (4.2)(A) The rules and regulations shall also provide that
15 any incarcerated person prisoner engaged in self-improvement
16 programs, volunteer work, or work assignments that are not
17 otherwise eligible activities under paragraph (4), shall
18 receive up to 0.5 days of sentence credit for each day in which
19 the incarcerated person prisoner is engaged in activities
20 described in this paragraph.
21 (B) The rules and regulations shall provide for the award
22 of sentence credit under this paragraph (4.2) for qualifying
23 days of engagement in eligible activities occurring prior to
24 July 1, 2021 (the effective date of Public Act 101-652).
25 (4.5) The rules and regulations on sentence credit shall
26 also provide that when the court's sentencing order recommends
HB2367 - 19 - LRB104 08305 RLC 20078 b
HB2367- 20 -LRB104 08305 RLC 20078 b HB2367 - 20 - LRB104 08305 RLC 20078 b
HB2367 - 20 - LRB104 08305 RLC 20078 b
1 an incarcerated person a prisoner for substance abuse
2 treatment and the crime was committed on or after September 1,
3 2003 (the effective date of Public Act 93-354), the
4 incarcerated person prisoner shall receive no sentence credit
5 awarded under clause (3) of this subsection (a) unless he or
6 she participates in and completes a substance abuse treatment
7 program. The Director of Corrections may waive the requirement
8 to participate in or complete a substance abuse treatment
9 program in specific instances if the incarcerated person
10 prisoner is not a good candidate for a substance abuse
11 treatment program for medical, programming, or operational
12 reasons. Availability of substance abuse treatment shall be
13 subject to the limits of fiscal resources appropriated by the
14 General Assembly for these purposes. If treatment is not
15 available and the requirement to participate and complete the
16 treatment has not been waived by the Director, the
17 incarcerated person prisoner shall be placed on a waiting list
18 under criteria established by the Department. The Director may
19 allow an incarcerated person a prisoner placed on a waiting
20 list to participate in and complete a substance abuse
21 education class or attend substance abuse self-help meetings
22 in lieu of a substance abuse treatment program. An
23 incarcerated person A prisoner on a waiting list who is not
24 placed in a substance abuse program prior to release may be
25 eligible for a waiver and receive sentence credit under clause
26 (3) of this subsection (a) at the discretion of the Director.
HB2367 - 20 - LRB104 08305 RLC 20078 b
HB2367- 21 -LRB104 08305 RLC 20078 b HB2367 - 21 - LRB104 08305 RLC 20078 b
HB2367 - 21 - LRB104 08305 RLC 20078 b
1 (4.6) The rules and regulations on sentence credit shall
2 also provide that an incarcerated person a prisoner who has
3 been convicted of a sex offense as defined in Section 2 of the
4 Sex Offender Registration Act shall receive no sentence credit
5 unless he or she either has successfully completed or is
6 participating in sex offender treatment as defined by the Sex
7 Offender Management Board. However, incarcerated persons
8 prisoners who are waiting to receive treatment, but who are
9 unable to do so due solely to the lack of resources on the part
10 of the Department, may, at either Director's sole discretion,
11 be awarded sentence credit at a rate as the Director shall
12 determine.
13 (4.7) (Blank). On or after January 1, 2018 (the effective
14 date of Public Act 100-3), sentence credit under paragraph
15 (3), (4), or (4.1) of this subsection (a) may be awarded to a
16 prisoner who is serving a sentence for an offense described in
17 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
18 on or after January 1, 2018 (the effective date of Public Act
19 100-3); provided, the award of the credits under this
20 paragraph (4.7) shall not reduce the sentence of the prisoner
21 to less than the following amounts:
22 (i) 85% of his or her sentence if the prisoner is
23 required to serve 85% of his or her sentence; or
24 (ii) 60% of his or her sentence if the prisoner is
25 required to serve 75% of his or her sentence, except if the
26 prisoner is serving a sentence for gunrunning his or her
HB2367 - 21 - LRB104 08305 RLC 20078 b
HB2367- 22 -LRB104 08305 RLC 20078 b HB2367 - 22 - LRB104 08305 RLC 20078 b
HB2367 - 22 - LRB104 08305 RLC 20078 b
1 sentence shall not be reduced to less than 75%.
2 (iii) 100% of his or her sentence if the prisoner is
3 required to serve 100% of his or her sentence.
4 (5) Whenever the Department is to release any incarcerated
5 person inmate earlier than it otherwise would because of a
6 grant of earned sentence credit under paragraph (3) of
7 subsection (a) of this Section given at any time during the
8 term, the Department shall give reasonable notice of the
9 impending release not less than 14 days prior to the date of
10 the release to the State's Attorney of the county where the
11 prosecution of the incarcerated person inmate took place, and
12 if applicable, the State's Attorney of the county into which
13 the incarcerated person inmate will be released. The
14 Department must also make identification information and a
15 recent photo of the incarcerated person inmate being released
16 accessible on the Internet by means of a hyperlink labeled
17 "Community Notification of Inmate Early Release" on the
18 Department's World Wide Web homepage. The identification
19 information shall include the incarcerated person's inmate's:
20 name, any known alias, date of birth, physical
21 characteristics, commitment offense, and county where
22 conviction was imposed. The identification information shall
23 be placed on the website within 3 days of the incarcerated
24 person's inmate's release and the information may not be
25 removed until either: completion of the first year of
26 mandatory supervised release or return of the incarcerated
HB2367 - 22 - LRB104 08305 RLC 20078 b
HB2367- 23 -LRB104 08305 RLC 20078 b HB2367 - 23 - LRB104 08305 RLC 20078 b
HB2367 - 23 - LRB104 08305 RLC 20078 b
1 person inmate to custody of the Department.
2 (b) Whenever a person is or has been committed under
3 several convictions, with separate sentences, the sentences
4 shall be construed under Section 5-8-4 in granting and
5 forfeiting of sentence credit.
6 (c) (1) The Department shall prescribe rules and
7 regulations for revoking sentence credit, including revoking
8 sentence credit awarded under paragraph (3) of subsection (a)
9 of this Section. The Department shall prescribe rules and
10 regulations establishing and requiring the use of a sanctions
11 matrix for revoking sentence credit. The Department shall
12 prescribe rules and regulations for suspending or reducing the
13 rate of accumulation of sentence credit for specific rule
14 violations, during imprisonment. These rules and regulations
15 shall provide that no incarcerated person inmate may be
16 penalized more than one year of sentence credit for any one
17 infraction.
18 (2) When the Department seeks to revoke, suspend, or
19 reduce the rate of accumulation of any sentence credits for an
20 alleged infraction of its rules, it shall bring charges
21 therefor against the incarcerated person prisoner sought to be
22 so deprived of sentence credits before the Prisoner Review
23 Board as provided in subparagraph (a)(4) of Section 3-3-2 of
24 this Code, if the amount of credit at issue exceeds 30 days,
25 whether from one infraction or cumulatively from multiple
26 infractions arising out of a single event, or when, during any
HB2367 - 23 - LRB104 08305 RLC 20078 b
HB2367- 24 -LRB104 08305 RLC 20078 b HB2367 - 24 - LRB104 08305 RLC 20078 b
HB2367 - 24 - LRB104 08305 RLC 20078 b
1 12-month period, the cumulative amount of credit revoked
2 exceeds 30 days except where the infraction is committed or
3 discovered within 60 days of scheduled release. In those
4 cases, the Department of Corrections may revoke up to 30 days
5 of sentence credit. The Board may subsequently approve the
6 revocation of additional sentence credit, if the Department
7 seeks to revoke sentence credit in excess of 30 days. However,
8 the Board shall not be empowered to review the Department's
9 decision with respect to the loss of 30 days of sentence credit
10 within any calendar year for any incarcerated person prisoner
11 or to increase any penalty beyond the length requested by the
12 Department.
13 (3) The Director of Corrections or the Director of
14 Juvenile Justice, in appropriate cases, may restore sentence
15 credits which have been revoked, suspended, or reduced. The
16 Department shall prescribe rules and regulations governing the
17 restoration of sentence credits. These rules and regulations
18 shall provide for the automatic restoration of sentence
19 credits following a period in which the incarcerated person
20 prisoner maintains a record without a disciplinary violation.
21 Nothing contained in this Section shall prohibit the
22 Prisoner Review Board from ordering, pursuant to Section
23 3-3-9(a)(3)(i)(B), that an incarcerated person a prisoner
24 serve up to one year of the sentence imposed by the court that
25 was not served due to the accumulation of sentence credit.
26 (d) If a lawsuit is filed by an incarcerated person a
HB2367 - 24 - LRB104 08305 RLC 20078 b
HB2367- 25 -LRB104 08305 RLC 20078 b HB2367 - 25 - LRB104 08305 RLC 20078 b
HB2367 - 25 - LRB104 08305 RLC 20078 b
1 prisoner in an Illinois or federal court against the State,
2 the Department of Corrections, or the Prisoner Review Board,
3 or against any of their officers or employees, and the court
4 makes a specific finding that a pleading, motion, or other
5 paper filed by the incarcerated person prisoner is frivolous,
6 the Department of Corrections shall conduct a hearing to
7 revoke up to 180 days of sentence credit by bringing charges
8 against the incarcerated person prisoner sought to be deprived
9 of the sentence credits before the Prisoner Review Board as
10 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
11 If the incarcerated person prisoner has not accumulated 180
12 days of sentence credit at the time of the finding, then the
13 Prisoner Review Board may revoke all sentence credit
14 accumulated by the incarcerated person prisoner.
15 For purposes of this subsection (d):
16 (1) "Frivolous" means that a pleading, motion, or
17 other filing which purports to be a legal document filed
18 by an incarcerated person a prisoner in his or her lawsuit
19 meets any or all of the following criteria:
20 (A) it lacks an arguable basis either in law or in
21 fact;
22 (B) it is being presented for any improper
23 purpose, such as to harass or to cause unnecessary
24 delay or needless increase in the cost of litigation;
25 (C) the claims, defenses, and other legal
26 contentions therein are not warranted by existing law
HB2367 - 25 - LRB104 08305 RLC 20078 b
HB2367- 26 -LRB104 08305 RLC 20078 b HB2367 - 26 - LRB104 08305 RLC 20078 b
HB2367 - 26 - LRB104 08305 RLC 20078 b
1 or by a nonfrivolous argument for the extension,
2 modification, or reversal of existing law or the
3 establishment of new law;
4 (D) the allegations and other factual contentions
5 do not have evidentiary support or, if specifically so
6 identified, are not likely to have evidentiary support
7 after a reasonable opportunity for further
8 investigation or discovery; or
9 (E) the denials of factual contentions are not
10 warranted on the evidence, or if specifically so
11 identified, are not reasonably based on a lack of
12 information or belief.
13 (2) "Lawsuit" means a motion pursuant to Section 116-3
14 of the Code of Criminal Procedure of 1963, a habeas corpus
15 action under Article X of the Code of Civil Procedure or
16 under federal law (28 U.S.C. 2254), a petition for claim
17 under the Court of Claims Act, an action under the federal
18 Civil Rights Act (42 U.S.C. 1983), or a second or
19 subsequent petition for post-conviction relief under
20 Article 122 of the Code of Criminal Procedure of 1963
21 whether filed with or without leave of court or a second or
22 subsequent petition for relief from judgment under Section
23 2-1401 of the Code of Civil Procedure.
24 (e) Nothing in Public Act 90-592 or 90-593 affects the
25 validity of Public Act 89-404.
26 (f) Whenever the Department is to release any incarcerated
HB2367 - 26 - LRB104 08305 RLC 20078 b
HB2367- 27 -LRB104 08305 RLC 20078 b HB2367 - 27 - LRB104 08305 RLC 20078 b
HB2367 - 27 - LRB104 08305 RLC 20078 b
1 person inmate who has been convicted of a violation of an order
2 of protection under Section 12-3.4 or 12-30 of the Criminal
3 Code of 1961 or the Criminal Code of 2012, earlier than it
4 otherwise would because of a grant of sentence credit, the
5 Department, as a condition of release, shall require that the
6 person, upon release, be placed under electronic surveillance
7 as provided in Section 5-8A-7 of this Code.
8 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
9 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
10 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
11 eff. 7-1-24; 103-822, eff. 1-1-25.)
HB2367 - 27 - LRB104 08305 RLC 20078 b