Illinois 2025-2026 Regular Session

Illinois House Bill HB3449 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 HB3449 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Changes the sentence credits of committed persons serving a term of imprisonment in the Department of Corrections for various offenses. Provides that the sentence credit allotments shall apply to committed persons incarcerated before the effective date of the amendatory Act, and the Department of Corrections shall award sentence credit for periods of incarceration prior to the effective date of the amendatory Act accordingly. Provides that committed persons who wish to receive sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs accumulated prior to the effective date of the amendatory Act in an amount specified in the provision to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the committed person engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration; or (2) the committed person's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the committed person likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration. Effective July 1, 2026. LRB104 09292 RLC 19350 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3449 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-3 730 ILCS 5/3-6-3 Amends the Unified Code of Corrections. Changes the sentence credits of committed persons serving a term of imprisonment in the Department of Corrections for various offenses. Provides that the sentence credit allotments shall apply to committed persons incarcerated before the effective date of the amendatory Act, and the Department of Corrections shall award sentence credit for periods of incarceration prior to the effective date of the amendatory Act accordingly. Provides that committed persons who wish to receive sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs accumulated prior to the effective date of the amendatory Act in an amount specified in the provision to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the committed person engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration; or (2) the committed person's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the committed person likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration. Effective July 1, 2026. LRB104 09292 RLC 19350 b LRB104 09292 RLC 19350 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3449 Introduced , by Rep. Justin Slaughter 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. Changes the sentence credits of committed persons serving a term of imprisonment in the Department of Corrections for various offenses. Provides that the sentence credit allotments shall apply to committed persons incarcerated before the effective date of the amendatory Act, and the Department of Corrections shall award sentence credit for periods of incarceration prior to the effective date of the amendatory Act accordingly. Provides that committed persons who wish to receive sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs accumulated prior to the effective date of the amendatory Act in an amount specified in the provision to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the committed person engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration; or (2) the committed person's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the committed person likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration. Effective July 1, 2026.
6	6	LRB104 09292 RLC 19350 b LRB104 09292 RLC 19350 b
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8	8	A BILL FOR
9	9	HB3449LRB104 09292 RLC 19350 b HB3449 LRB104 09292 RLC 19350 b
10	10	HB3449 LRB104 09292 RLC 19350 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 HB3449 Introduced , by Rep. Justin Slaughter 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. Changes the sentence credits of committed persons serving a term of imprisonment in the Department of Corrections for various offenses. Provides that the sentence credit allotments shall apply to committed persons incarcerated before the effective date of the amendatory Act, and the Department of Corrections shall award sentence credit for periods of incarceration prior to the effective date of the amendatory Act accordingly. Provides that committed persons who wish to receive sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs accumulated prior to the effective date of the amendatory Act in an amount specified in the provision to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the committed person engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration; or (2) the committed person's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the committed person likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the committed person's current term of incarceration. Effective July 1, 2026.
41	41	LRB104 09292 RLC 19350 b LRB104 09292 RLC 19350 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) Except as provided in paragraph (4.7) of this
71	71	4 subsection (a), the rules and regulations on sentence credit
72	72	5 shall provide the following, with respect to offenses listed
73	73	6 in clause (i), (ii), or (iii) of this paragraph (2) committed
74	74	7 on or after June 19, 1998 or with respect to the offense listed
75	75	8 in clause (iv) of this paragraph (2) committed on or after June
76	76	9 23, 2005 (the effective date of Public Act 94-71) or with
77	77	10 respect to offense listed in clause (vi) committed on or after
78	78	11 June 1, 2008 (the effective date of Public Act 95-625) or with
79	79	12 respect to the offense of unlawful possession of a firearm by a
80	80	13 repeat felony offender committed on or after August 2, 2005
81	81	14 (the effective date of Public Act 94-398) or with respect to
82	82	15 the offenses listed in clause (v) of this paragraph (2)
83	83	16 committed on or after August 13, 2007 (the effective date of
84	84	17 Public Act 95-134) or with respect to the offense of
85	85	18 aggravated domestic battery committed on or after July 23,
86	86	19 2010 (the effective date of Public Act 96-1224) or with
87	87	20 respect to the offense of attempt to commit terrorism
88	88	21 committed on or after January 1, 2013 (the effective date of
89	89	22 Public Act 97-990), the following:
90	90	23 (i) that a committed person prisoner who is serving a
91	91	24 term of imprisonment for first degree murder or for the
92	92	25 offense of terrorism shall receive no more than 7.5 days
93	93	26 of sentence credit for each month of his or her sentence of
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104	104	1 imprisonment sentence credit and shall serve the entire
105	105	2 sentence imposed by the court;
106	106	3 (ii) that a committed person prisoner serving a
107	107	4 sentence for attempt to commit terrorism, attempt to
108	108	5 commit first degree murder, solicitation of murder,
109	109	6 solicitation of murder for hire, intentional homicide of
110	110	7 an unborn child, predatory criminal sexual assault of a
111	111	8 child, aggravated criminal sexual assault, criminal sexual
112	112	9 assault, aggravated kidnapping, aggravated battery with a
113	113	10 firearm as described in Section 12-4.2 or subdivision
114	114	11 (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05,
115	115	12 heinous battery as described in Section 12-4.1 or
116	116	13 subdivision (a)(2) of Section 12-3.05, unlawful possession
117	117	14 of a firearm by a repeat felony offender, aggravated
118	118	15 battery of a senior citizen as described in Section 12-4.6
119	119	16 or subdivision (a)(4) of Section 12-3.05, or aggravated
120	120	17 battery of a child as described in Section 12-4.3 or
121	121	18 subdivision (b)(1) of Section 12-3.05 shall receive no
122	122	19 more than 12 4.5 days of sentence credit for each month of
123	123	20 his or her sentence of imprisonment;
124	124	21 (iii) that a committed person prisoner serving a
125	125	22 sentence for home invasion, armed robbery, aggravated
126	126	23 vehicular hijacking, aggravated discharge of a firearm, or
127	127	24 armed violence with a category I weapon or category II
128	128	25 weapon, when the court has made and entered a finding,
129	129	26 pursuant to subsection (c-1) of Section 5-4-1 of this
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140	140	1 Code, that the conduct leading to conviction for the
141	141	2 enumerated offense resulted in great bodily harm to a
142	142	3 victim, shall receive no more than 12 4.5 days of sentence
143	143	4 credit for each month of his or her sentence of
144	144	5 imprisonment;
145	145	6 (iv) that a committed person prisoner serving a
146	146	7 sentence for aggravated discharge of a firearm, whether or
147	147	8 not the conduct leading to conviction for the offense
148	148	9 resulted in great bodily harm to the victim, shall receive
149	149	10 no more than 12 4.5 days of sentence credit for each month
150	150	11 of his or her sentence of imprisonment;
151	151	12 (v) that a person serving a sentence for gunrunning,
152	152	13 narcotics racketeering, controlled substance trafficking,
153	153	14 methamphetamine trafficking, drug-induced homicide,
154	154	15 aggravated methamphetamine-related child endangerment,
155	155	16 money laundering pursuant to clause (c) (4) or (5) of
156	156	17 Section 29B-1 of the Criminal Code of 1961 or the Criminal
157	157	18 Code of 2012, or a Class X felony conviction for delivery
158	158	19 of a controlled substance, possession of a controlled
159	159	20 substance with intent to manufacture or deliver,
160	160	21 calculated criminal drug conspiracy, criminal drug
161	161	22 conspiracy, street gang criminal drug conspiracy,
162	162	23 participation in methamphetamine manufacturing,
163	163	24 aggravated participation in methamphetamine
164	164	25 manufacturing, delivery of methamphetamine, possession
165	165	26 with intent to deliver methamphetamine, aggravated
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176	176	1 delivery of methamphetamine, aggravated possession with
177	177	2 intent to deliver methamphetamine, methamphetamine
178	178	3 conspiracy when the substance containing the controlled
179	179	4 substance or methamphetamine is 100 grams or more shall
180	180	5 receive no more than 15 7.5 days sentence credit for each
181	181	6 month of his or her sentence of imprisonment;
182	182	7 (vi) that a committed person prisoner serving a
183	183	8 sentence for a second or subsequent offense of luring a
184	184	9 minor shall receive no more than 12 4.5 days of sentence
185	185	10 credit for each month of his or her sentence of
186	186	11 imprisonment; and
187	187	12 (vii) (Blank). that a prisoner serving a sentence for
188	188	13 aggravated domestic battery shall receive no more than 4.5
189	189	14 days of sentence credit for each month of his or her
190	190	15 sentence of imprisonment.
191	191	16 The sentence credit allotments listed in clauses (i)
192	192	17 through (vii) of this paragraph (2) shall apply to committed
193	193	18 persons incarcerated before the effective date of this
194	194	19 amendatory Act of the 104th General Assembly, and the
195	195	20 Department of Corrections shall award sentence credit for
196	196	21 periods of incarceration prior to the effective date of this
197	197	22 amendatory Act of the 104th General Assembly accordingly.
198	198	23 (2.1) For all offenses, other than those enumerated in
199	199	24 subdivision (a)(2)(i), (ii), or (iii) committed on or after
200	200	25 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
201	201	26 June 23, 2005 (the effective date of Public Act 94-71) or
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212	212	1 subdivision (a)(2)(v) committed on or after August 13, 2007
213	213	2 (the effective date of Public Act 95-134) or subdivision
214	214	3 (a)(2)(vi) committed on or after June 1, 2008 (the effective
215	215	4 date of Public Act 95-625) or subdivision (a)(2)(vii)
216	216	5 committed on or after July 23, 2010 (the effective date of
217	217	6 Public Act 96-1224), and other than the offense of aggravated
218	218	7 driving under the influence of alcohol, other drug or drugs,
219	219	8 or intoxicating compound or compounds, or any combination
220	220	9 thereof as defined in subparagraph (F) of paragraph (1) of
221	221	10 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
222	222	11 and other than the offense of aggravated driving under the
223	223	12 influence of alcohol, other drug or drugs, or intoxicating
224	224	13 compound or compounds, or any combination thereof as defined
225	225	14 in subparagraph (C) of paragraph (1) of subsection (d) of
226	226	15 Section 11-501 of the Illinois Vehicle Code committed on or
227	227	16 after January 1, 2011 (the effective date of Public Act
228	228	17 96-1230), the rules and regulations shall provide that a
229	229	18 committed person prisoner who is serving a term of
230	230	19 imprisonment shall receive one day of sentence credit for each
231	231	20 day of his or her sentence of imprisonment or recommitment
232	232	21 under Section 3-3-9. Each day of sentence credit shall reduce
233	233	22 by one day the committed person's prisoner's period of
234	234	23 imprisonment or recommitment under Section 3-3-9.
235	235	24 (2.2) A committed person prisoner serving a term of
236	236	25 natural life imprisonment shall receive no sentence credit.
237	237	26 (2.3) Except as provided in paragraph (4.7) of this
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248	248	1 subsection (a), the rules and regulations on sentence credit
249	249	2 shall provide that a committed person prisoner who is serving
250	250	3 a sentence for aggravated driving under the influence of
251	251	4 alcohol, other drug or drugs, or intoxicating compound or
252	252	5 compounds, or any combination thereof as defined in
253	253	6 subparagraph (F) of paragraph (1) of subsection (d) of Section
254	254	7 11-501 of the Illinois Vehicle Code, shall receive no more
255	255	8 than 12 4.5 days of sentence credit for each month of his or
256	256	9 her sentence of imprisonment.
257	257	10 (2.4) Except as provided in paragraph (4.7) of this
258	258	11 subsection (a), the rules and regulations on sentence credit
259	259	12 shall provide with respect to the offenses of aggravated
260	260	13 battery with a machine gun or a firearm equipped with any
261	261	14 device or attachment designed or used for silencing the report
262	262	15 of a firearm or aggravated discharge of a machine gun or a
263	263	16 firearm equipped with any device or attachment designed or
264	264	17 used for silencing the report of a firearm, committed on or
265	265	18 after July 15, 1999 (the effective date of Public Act 91-121),
266	266	19 that a committed person prisoner serving a sentence for any of
267	267	20 these offenses shall receive no more than 4.5 days of sentence
268	268	21 credit for each month of his or her sentence of imprisonment.
269	269	22 (2.5) Except as provided in paragraph (4.7) of this
270	270	23 subsection (a), the rules and regulations on sentence credit
271	271	24 shall provide that a committed person prisoner who is serving
272	272	25 a sentence for aggravated arson committed on or after July 27,
273	273	26 2001 (the effective date of Public Act 92-176) shall receive
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284	284	1 no more than 4.5 days of sentence credit for each month of his
285	285	2 or her sentence of imprisonment.
286	286	3 (2.6) Except as provided in paragraph (4.7) of this
287	287	4 subsection (a), the rules and regulations on sentence credit
288	288	5 shall provide that a committed person prisoner who is serving
289	289	6 a sentence for aggravated driving under the influence of
290	290	7 alcohol, other drug or drugs, or intoxicating compound or
291	291	8 compounds or any combination thereof as defined in
292	292	9 subparagraph (C) of paragraph (1) of subsection (d) of Section
293	293	10 11-501 of the Illinois Vehicle Code committed on or after
294	294	11 January 1, 2011 (the effective date of Public Act 96-1230)
295	295	12 shall receive no more than 4.5 days of sentence credit for each
296	296	13 month of his or her sentence of imprisonment.
297	297	14 (3) In addition to the sentence credits earned under
298	298	15 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
299	299	16 subsection (a), the rules and regulations shall also provide
300	300	17 that the Director of Corrections or the Director of Juvenile
301	301	18 Justice may award up to 180 days of earned sentence credit,
302	302	19 provided that such earned sentence credit shall not reduce the
303	303	20 sentence of the committed person to less than the amounts set
304	304	21 forth in subparagraphs (i), (ii), (iii), and (iv) of (4.7) of
305	305	22 this subsection (a) for prisoners serving a sentence of
306	306	23 incarceration of less than 5 years, and up to 365 days of
307	307	24 earned sentence credit for prisoners serving a sentence of 5
308	308	25 years or longer. The Director may grant this credit for good
309	309	26 conduct in specific instances as either Director deems proper
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320	320	1 for eligible persons in the custody of each Director's
321	321	2 respective Department. The good conduct may include, but is
322	322	3 not limited to, compliance with the rules and regulations of
323	323	4 the Department, service to the Department, service to a
324	324	5 community, or service to the State.
325	325	6 Eligible committed persons inmates for an award of earned
326	326	7 sentence credit under this paragraph (3) may be selected to
327	327	8 receive the credit at either Director's or his or her
328	328	9 designee's sole discretion. Eligibility for the additional
329	329	10 earned sentence credit under this paragraph (3) may be based
330	330	11 on, but is not limited to, participation in programming
331	331	12 offered by the Department as appropriate for the committed
332	332	13 person prisoner based on the results of any available
333	333	14 risk/needs assessment or other relevant assessments or
334	334	15 evaluations administered by the Department using a validated
335	335	16 instrument, the circumstances of the crime, demonstrated
336	336	17 commitment to rehabilitation by a committed person prisoner
337	337	18 with a history of conviction for a forcible felony enumerated
338	338	19 in Section 2-8 of the Criminal Code of 2012, the committed
339	339	20 person's inmate's behavior and improvements in disciplinary
340	340	21 history while incarcerated, and the committed person's
341	341	22 inmate's commitment to rehabilitation, including participation
342	342	23 in programming offered by the Department.
343	343	24 The Director of Corrections or the Director of Juvenile
344	344	25 Justice shall not award sentence credit under this paragraph
345	345	26 (3) to a committed person an inmate unless the committed
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356	356	1 person inmate has served a minimum of 60 days of the sentence,
357	357	2 including time served in a county jail; except nothing in this
358	358	3 paragraph shall be construed to permit either Director to
359	359	4 extend a committed person's an inmate's sentence beyond that
360	360	5 which was imposed by the court. Prior to awarding credit under
361	361	6 this paragraph (3), each Director shall make a written
362	362	7 determination that the committed person inmate:
363	363	8 (A) is eligible for the earned sentence credit;
364	364	9 (B) has served a minimum of 60 days, or as close to 60
365	365	10 days as the sentence will allow;
366	366	11 (B-1) has received a risk/needs assessment or other
367	367	12 relevant evaluation or assessment administered by the
368	368	13 Department using a validated instrument; and
369	369	14 (C) has met the eligibility criteria established by
370	370	15 rule for earned sentence credit.
371	371	16 The Director of Corrections or the Director of Juvenile
372	372	17 Justice shall determine the form and content of the written
373	373	18 determination required in this subsection.
374	374	19 (3.5) The Department shall provide annual written reports
375	375	20 to the Governor and the General Assembly on the award of earned
376	376	21 sentence credit no later than February 1 of each year. The
377	377	22 Department must publish both reports on its website within 48
378	378	23 hours of transmitting the reports to the Governor and the
379	379	24 General Assembly. The reports must include:
380	380	25 (A) the number of committed persons inmates awarded
381	381	26 earned sentence credit;
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392	392	1 (B) the average amount of earned sentence credit
393	393	2 awarded;
394	394	3 (C) the holding offenses of committed persons inmates
395	395	4 awarded earned sentence credit; and
396	396	5 (D) the number of earned sentence credit revocations.
397	397	6 (4)(A) Except as provided in paragraph (4.7) of this
398	398	7 subsection (a), the rules and regulations shall also provide
399	399	8 that any committed person prisoner who is engaged full-time in
400	400	9 substance abuse programs, correctional industry assignments,
401	401	10 educational programs, work-release programs or activities in
402	402	11 accordance with Article 13 of Chapter III of this Code,
403	403	12 behavior modification programs, life skills courses, or
404	404	13 re-entry planning provided by the Department under this
405	405	14 paragraph (4) and satisfactorily completes the assigned
406	406	15 program as determined by the standards of the Department,
407	407	16 shall receive one day of sentence credit for each day in which
408	408	17 that committed person prisoner is engaged in the activities
409	409	18 described in this paragraph. The rules and regulations shall
410	410	19 also provide that sentence credit may be provided to a
411	411	20 committed person an inmate who was held in pre-trial detention
412	412	21 prior to his or her current commitment to the Department of
413	413	22 Corrections and successfully completed a full-time, 60-day or
414	414	23 longer substance abuse program, educational program, behavior
415	415	24 modification program, life skills course, or re-entry planning
416	416	25 provided by the county department of corrections or county
417	417	26 jail. Calculation of this county program credit shall be done
418	418
419	419
420	420
421	421
422	422
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424	424
425	425
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427	427	HB3449 - 12 - LRB104 09292 RLC 19350 b
428	428	1 at sentencing as provided in Section 5-4.5-100 of this Code
429	429	2 and shall be included in the sentencing order. The rules and
430	430	3 regulations shall also provide that sentence credit may be
431	431	4 provided to a committed person an inmate who is in compliance
432	432	5 with programming requirements in an adult transition center.
433	433	6 (B) The Department shall award sentence credit under this
434	434	7 paragraph (4) accumulated prior to January 1, 2020 (the
435	435	8 effective date of Public Act 101-440) in an amount specified
436	436	9 in subparagraph (C) of this paragraph (4) to a committed
437	437	10 person an inmate serving a sentence for an offense committed
438	438	11 prior to June 19, 1998, if the Department determines that the
439	439	12 committed person inmate is entitled to this sentence credit,
440	440	13 based upon:
441	441	14 (i) documentation provided by the Department that the
442	442	15 committed person inmate engaged in any full-time substance
443	443	16 abuse programs, correctional industry assignments,
444	444	17 educational programs, behavior modification programs, life
445	445	18 skills courses, or re-entry planning provided by the
446	446	19 Department under this paragraph (4) and satisfactorily
447	447	20 completed the assigned program as determined by the
448	448	21 standards of the Department during the committed person's
449	449	22 inmate's current term of incarceration; or
450	450	23 (ii) the committed person's inmate's own testimony in
451	451	24 the form of an affidavit or documentation, or a third
452	452	25 party's documentation or testimony in the form of an
453	453	26 affidavit that the committed person inmate likely engaged
454	454
455	455
456	456
457	457
458	458
459	459	HB3449 - 12 - LRB104 09292 RLC 19350 b
460	460
461	461
462	462	HB3449- 13 -LRB104 09292 RLC 19350 b HB3449 - 13 - LRB104 09292 RLC 19350 b
463	463	HB3449 - 13 - LRB104 09292 RLC 19350 b
464	464	1 in any full-time substance abuse programs, correctional
465	465	2 industry assignments, educational programs, behavior
466	466	3 modification programs, life skills courses, or re-entry
467	467	4 planning provided by the Department under paragraph (4)
468	468	5 and satisfactorily completed the assigned program as
469	469	6 determined by the standards of the Department during the
470	470	7 committed person's inmate's current term of incarceration.
471	471	8 (C) If the committed person inmate can provide
472	472	9 documentation that he or she is entitled to sentence credit
473	473	10 under subparagraph (B) in excess of 45 days of participation
474	474	11 in those programs, the committed person inmate shall receive
475	475	12 90 days of sentence credit. If the committed person inmate
476	476	13 cannot provide documentation of more than 45 days of
477	477	14 participation in those programs, the committed person inmate
478	478	15 shall receive 45 days of sentence credit. In the event of a
479	479	16 disagreement between the Department and the committed person
480	480	17 inmate as to the amount of credit accumulated under
481	481	18 subparagraph (B), if the Department provides documented proof
482	482	19 of a lesser amount of days of participation in those programs,
483	483	20 that proof shall control. If the Department provides no
484	484	21 documentary proof, the committed person's inmate's proof as
485	485	22 set forth in clause (ii) of subparagraph (B) shall control as
486	486	23 to the amount of sentence credit provided.
487	487	24 (D) If the committed person inmate has been convicted of a
488	488	25 sex offense as defined in Section 2 of the Sex Offender
489	489	26 Registration Act, sentencing credits under subparagraph (B) of
490	490
491	491
492	492
493	493
494	494
495	495	HB3449 - 13 - LRB104 09292 RLC 19350 b
496	496
497	497
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499	499	HB3449 - 14 - LRB104 09292 RLC 19350 b
500	500	1 this paragraph (4) shall be awarded by the Department only if
501	501	2 the conditions set forth in paragraph (4.6) of subsection (a)
502	502	3 are satisfied. No committed person inmate serving a term of
503	503	4 natural life imprisonment shall receive sentence credit under
504	504	5 subparagraph (B) of this paragraph (4).
505	505	6 (E) The rules and regulations shall provide for the
506	506	7 recalculation of program credits awarded pursuant to this
507	507	8 paragraph (4) prior to July 1, 2021 (the effective date of
508	508	9 Public Act 101-652) at the rate set for such credits on and
509	509	10 after July 1, 2021.
510	510	11 Educational, vocational, substance abuse, behavior
511	511	12 modification programs, life skills courses, re-entry planning,
512	512	13 and correctional industry programs under which sentence credit
513	513	14 may be earned under this paragraph (4) and paragraph (4.1) of
514	514	15 this subsection (a) shall be evaluated by the Department on
515	515	16 the basis of documented standards. The Department shall report
516	516	17 the results of these evaluations to the Governor and the
517	517	18 General Assembly by September 30th of each year. The reports
518	518	19 shall include data relating to the recidivism rate among
519	519	20 program participants.
520	520	21 Availability of these programs shall be subject to the
521	521	22 limits of fiscal resources appropriated by the General
522	522	23 Assembly for these purposes. Eligible committed persons
523	523	24 inmates who are denied immediate admission shall be placed on
524	524	25 a waiting list under criteria established by the Department.
525	525	26 The rules and regulations shall provide that a committed
526	526
527	527
528	528
529	529
530	530
531	531	HB3449 - 14 - LRB104 09292 RLC 19350 b
532	532
533	533
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535	535	HB3449 - 15 - LRB104 09292 RLC 19350 b
536	536	1 person prisoner who has been placed on a waiting list but is
537	537	2 transferred for non-disciplinary reasons before beginning a
538	538	3 program shall receive priority placement on the waitlist for
539	539	4 appropriate programs at the new facility. The inability of any
540	540	5 committed person inmate to become engaged in any such programs
541	541	6 by reason of insufficient program resources or for any other
542	542	7 reason established under the rules and regulations of the
543	543	8 Department shall not be deemed a cause of action under which
544	544	9 the Department or any employee or agent of the Department
545	545	10 shall be liable for damages to the committed person inmate.
546	546	11 The rules and regulations shall provide that a committed
547	547	12 person prisoner who begins an educational, vocational,
548	548	13 substance abuse, work-release programs or activities in
549	549	14 accordance with Article 13 of Chapter III of this Code,
550	550	15 behavior modification program, life skills course, re-entry
551	551	16 planning, or correctional industry programs but is unable to
552	552	17 complete the program due to illness, disability, transfer,
553	553	18 lockdown, or another reason outside of the committed person's
554	554	19 prisoner's control shall receive prorated sentence credits for
555	555	20 the days in which the committed person prisoner did
556	556	21 participate.
557	557	22 (F) The Department shall award sentence credit under this
558	558	23 paragraph (4) accumulated prior to the effective date of this
559	559	24 amendatory Act of the 104th General Assembly in an amount
560	560	25 specified in subparagraph (F) of this paragraph (4) to a
561	561	26 committed person serving a sentence for an offense committed
562	562
563	563
564	564
565	565
566	566
567	567	HB3449 - 15 - LRB104 09292 RLC 19350 b
568	568
569	569
570	570	HB3449- 16 -LRB104 09292 RLC 19350 b HB3449 - 16 - LRB104 09292 RLC 19350 b
571	571	HB3449 - 16 - LRB104 09292 RLC 19350 b
572	572	1 after June 19, 1998, if the Department determines that the
573	573	2 committed person is entitled to this sentence credit, based
574	574	3 upon:
575	575	4 (i) documentation provided by the Department that the
576	576	5 committed person engaged in any full-time substance abuse
577	577	6 programs, correctional industry assignments, educational
578	578	7 programs, behavior modification programs, life skills
579	579	8 courses, or re-entry planning provided by the Department
580	580	9 under this paragraph (4) and satisfactorily completed the
581	581	10 assigned program as determined by the standards of the
582	582	11 Department during the committed person's current term of
583	583	12 incarceration; or
584	584	13 (ii) the committed person's own testimony in the form
585	585	14 of an affidavit or documentation, or a third party's
586	586	15 documentation or testimony in the form of an affidavit
587	587	16 that the committed person likely engaged in any full-time
588	588	17 substance abuse programs, correctional industry
589	589	18 assignments, educational programs, behavior modification
590	590	19 programs, life skills courses, or re-entry planning
591	591	20 provided by the Department under paragraph (4) and
592	592	21 satisfactorily completed the assigned program as
593	593	22 determined by the standards of the Department during the
594	594	23 committed person's current term of incarceration.
595	595	24 (G) If the committed person can provide documentation that
596	596	25 he or she is entitled to sentence credit under subparagraph
597	597	26 (E), the committed person shall receive such sentence credit.
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
606	606	HB3449- 17 -LRB104 09292 RLC 19350 b HB3449 - 17 - LRB104 09292 RLC 19350 b
607	607	HB3449 - 17 - LRB104 09292 RLC 19350 b
608	608	1 If the committed person cannot provide documentation of
609	609	2 participation in those programs, the committed person shall
610	610	3 receive up to 0.5 days of sentence credit for each day of
611	611	4 participation in such a program. In the event of a
612	612	5 disagreement between the Department and the committed person
613	613	6 as to the amount of credit accumulated under subparagraph (E),
614	614	7 if the Department provides documented proof of a lesser amount
615	615	8 of days of participation in those programs, that proof shall
616	616	9 control. If the Department provides no documentary proof, the
617	617	10 committed person's proof as set forth in clause (ii) of
618	618	11 subparagraph (E) shall control as to the amount of sentence
619	619	12 credit provided.
620	620	13 (4.1) Except as provided in paragraph (4.7) of this
621	621	14 subsection (a), the rules and regulations shall also provide
622	622	15 that an additional 90 days of sentence credit shall be awarded
623	623	16 to any committed person prisoner who passes high school
624	624	17 equivalency testing while the committed person prisoner is
625	625	18 committed to the Department of Corrections. The sentence
626	626	19 credit awarded under this paragraph (4.1) shall be in addition
627	627	20 to, and shall not affect, the award of sentence credit under
628	628	21 any other paragraph of this Section, but shall also be
629	629	22 pursuant to the guidelines and restrictions set forth in
630	630	23 paragraph (4) of subsection (a) of this Section. The sentence
631	631	24 credit provided for in this paragraph shall be available only
632	632	25 to those committed persons prisoners who have not previously
633	633	26 earned a high school diploma or a State of Illinois High School
634	634
635	635
636	636
637	637
638	638
639	639	HB3449 - 17 - LRB104 09292 RLC 19350 b
640	640
641	641
642	642	HB3449- 18 -LRB104 09292 RLC 19350 b HB3449 - 18 - LRB104 09292 RLC 19350 b
643	643	HB3449 - 18 - LRB104 09292 RLC 19350 b
644	644	1 Diploma. If, after an award of the high school equivalency
645	645	2 testing sentence credit has been made, the Department
646	646	3 determines that the committed person prisoner was not
647	647	4 eligible, then the award shall be revoked. The Department may
648	648	5 also award 90 days of sentence credit to any committed person
649	649	6 who passed high school equivalency testing while he or she was
650	650	7 held in pre-trial detention prior to the current commitment to
651	651	8 the Department of Corrections. Except as provided in paragraph
652	652	9 (4.7) of this subsection (a), the rules and regulations shall
653	653	10 provide that an additional 120 days of sentence credit shall
654	654	11 be awarded to any committed person prisoner who obtains an
655	655	12 associate degree while the committed person prisoner is
656	656	13 committed to the Department of Corrections, regardless of the
657	657	14 date that the associate degree was obtained, including if
658	658	15 prior to July 1, 2021 (the effective date of Public Act
659	659	16 101-652). The sentence credit awarded under this paragraph
660	660	17 (4.1) shall be in addition to, and shall not affect, the award
661	661	18 of sentence credit under any other paragraph of this Section,
662	662	19 but shall also be under the guidelines and restrictions set
663	663	20 forth in paragraph (4) of subsection (a) of this Section. The
664	664	21 sentence credit provided for in this paragraph (4.1) shall be
665	665	22 available only to those committed persons prisoners who have
666	666	23 not previously earned an associate degree prior to the current
667	667	24 commitment to the Department of Corrections. If, after an
668	668	25 award of the associate degree sentence credit has been made
669	669	26 and the Department determines that the committed person
670	670
671	671
672	672
673	673
674	674
675	675	HB3449 - 18 - LRB104 09292 RLC 19350 b
676	676
677	677
678	678	HB3449- 19 -LRB104 09292 RLC 19350 b HB3449 - 19 - LRB104 09292 RLC 19350 b
679	679	HB3449 - 19 - LRB104 09292 RLC 19350 b
680	680	1 prisoner was not eligible, then the award shall be revoked.
681	681	2 The Department may also award 120 days of sentence credit to
682	682	3 any committed person who earned an associate degree while he
683	683	4 or she was held in pre-trial detention prior to the current
684	684	5 commitment to the Department of Corrections.
685	685	6 Except as provided in paragraph (4.7) of this subsection
686	686	7 (a), the rules and regulations shall provide that an
687	687	8 additional 180 days of sentence credit shall be awarded to any
688	688	9 committed person prisoner who obtains a bachelor's degree
689	689	10 while the committed person prisoner is committed to the
690	690	11 Department of Corrections. The sentence credit awarded under
691	691	12 this paragraph (4.1) shall be in addition to, and shall not
692	692	13 affect, the award of sentence credit under any other paragraph
693	693	14 of this Section, but shall also be under the guidelines and
694	694	15 restrictions set forth in paragraph (4) of this subsection
695	695	16 (a). The sentence credit provided for in this paragraph shall
696	696	17 be available only to those committed persons prisoners who
697	697	18 have not earned a bachelor's degree prior to the current
698	698	19 commitment to the Department of Corrections. If, after an
699	699	20 award of the bachelor's degree sentence credit has been made,
700	700	21 the Department determines that the committed person prisoner
701	701	22 was not eligible, then the award shall be revoked. The
702	702	23 Department may also award 180 days of sentence credit to any
703	703	24 committed person who earned a bachelor's degree while he or
704	704	25 she was held in pre-trial detention prior to the current
705	705	26 commitment to the Department of Corrections.
706	706
707	707
708	708
709	709
710	710
711	711	HB3449 - 19 - LRB104 09292 RLC 19350 b
712	712
713	713
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715	715	HB3449 - 20 - LRB104 09292 RLC 19350 b
716	716	1 Except as provided in paragraph (4.7) of this subsection
717	717	2 (a), the rules and regulations shall provide that an
718	718	3 additional 180 days of sentence credit shall be awarded to any
719	719	4 committed person prisoner who obtains a master's or
720	720	5 professional degree while the committed person prisoner is
721	721	6 committed to the Department of Corrections. The sentence
722	722	7 credit awarded under this paragraph (4.1) shall be in addition
723	723	8 to, and shall not affect, the award of sentence credit under
724	724	9 any other paragraph of this Section, but shall also be under
725	725	10 the guidelines and restrictions set forth in paragraph (4) of
726	726	11 this subsection (a). The sentence credit provided for in this
727	727	12 paragraph shall be available only to those committed persons
728	728	13 prisoners who have not previously earned a master's or
729	729	14 professional degree prior to the current commitment to the
730	730	15 Department of Corrections. If, after an award of the master's
731	731	16 or professional degree sentence credit has been made, the
732	732	17 Department determines that the committed person prisoner was
733	733	18 not eligible, then the award shall be revoked. The Department
734	734	19 may also award 180 days of sentence credit to any committed
735	735	20 person who earned a master's or professional degree while he
736	736	21 or she was held in pre-trial detention prior to the current
737	737	22 commitment to the Department of Corrections.
738	738	23 (4.2)(A) The rules and regulations shall also provide that
739	739	24 any committed person prisoner engaged in self-improvement
740	740	25 programs, volunteer work, or work assignments that are not
741	741	26 otherwise eligible activities under paragraph (4), shall
742	742
743	743
744	744
745	745
746	746
747	747	HB3449 - 20 - LRB104 09292 RLC 19350 b
748	748
749	749
750	750	HB3449- 21 -LRB104 09292 RLC 19350 b HB3449 - 21 - LRB104 09292 RLC 19350 b
751	751	HB3449 - 21 - LRB104 09292 RLC 19350 b
752	752	1 receive up to 0.5 days of sentence credit for each day in which
753	753	2 the committed person prisoner is engaged in activities
754	754	3 described in this paragraph.
755	755	4 (B) The rules and regulations shall provide for the award
756	756	5 of sentence credit under this paragraph (4.2) for qualifying
757	757	6 days of engagement in eligible activities occurring prior to
758	758	7 July 1, 2021 (the effective date of Public Act 101-652).
759	759	8 (4.5) The rules and regulations on sentence credit shall
760	760	9 also provide that when the court's sentencing order recommends
761	761	10 a committed person prisoner for substance abuse treatment and
762	762	11 the crime was committed on or after September 1, 2003 (the
763	763	12 effective date of Public Act 93-354), the committed person
764	764	13 prisoner shall receive no sentence credit awarded under clause
765	765	14 (3) of this subsection (a) unless he or she participates in and
766	766	15 completes a substance abuse treatment program. The Director of
767	767	16 Corrections may waive the requirement to participate in or
768	768	17 complete a substance abuse treatment program in specific
769	769	18 instances if the committed person prisoner is not a good
770	770	19 candidate for a substance abuse treatment program for medical,
771	771	20 programming, or operational reasons. Availability of substance
772	772	21 abuse treatment shall be subject to the limits of fiscal
773	773	22 resources appropriated by the General Assembly for these
774	774	23 purposes. If treatment is not available and the requirement to
775	775	24 participate and complete the treatment has not been waived by
776	776	25 the Director, the committed person prisoner shall be placed on
777	777	26 a waiting list under criteria established by the Department.
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB3449 - 22 - LRB104 09292 RLC 19350 b
788	788	1 The Director may allow a committed person prisoner placed on a
789	789	2 waiting list to participate in and complete a substance abuse
790	790	3 education class or attend substance abuse self-help meetings
791	791	4 in lieu of a substance abuse treatment program. A committed
792	792	5 person prisoner on a waiting list who is not placed in a
793	793	6 substance abuse program prior to release may be eligible for a
794	794	7 waiver and receive sentence credit under clause (3) of this
795	795	8 subsection (a) at the discretion of the Director.
796	796	9 (4.6) The rules and regulations on sentence credit shall
797	797	10 also provide that a committed person prisoner who has been
798	798	11 convicted of a sex offense as defined in Section 2 of the Sex
799	799	12 Offender Registration Act shall receive no sentence credit
800	800	13 unless he or she either has successfully completed or is
801	801	14 participating in sex offender treatment as defined by the Sex
802	802	15 Offender Management Board. However, committed persons
803	803	16 prisoners who are waiting to receive treatment, but who are
804	804	17 unable to do so due solely to the lack of resources on the part
805	805	18 of the Department, may, at either Director's sole discretion,
806	806	19 be awarded sentence credit at a rate as the Director shall
807	807	20 determine.
808	808	21 (4.7) On or after January 1, 2018 (the effective date of
809	809	22 Public Act 100-3), sentence credit under paragraph (3), (4),
810	810	23 or (4.1) of this subsection (a) may be awarded to a committed
811	811	24 person prisoner who is serving a sentence, whenever that
812	812	25 credit was earned for an offense described in paragraph (2),
813	813	26 (2.3), (2.4), (2.5), or (2.6) for credit earned on or after
814	814
815	815
816	816
817	817
818	818
819	819	HB3449 - 22 - LRB104 09292 RLC 19350 b
820	820
821	821
822	822	HB3449- 23 -LRB104 09292 RLC 19350 b HB3449 - 23 - LRB104 09292 RLC 19350 b
823	823	HB3449 - 23 - LRB104 09292 RLC 19350 b
824	824	1 January 1, 2018 (the effective date of Public Act 100-3);
825	825	2 provided, the award of the credits under this paragraph (4.7)
826	826	3 shall not reduce the sentence of the prisoner to less than the
827	827	4 following amounts:
828	828	5 (i) 85% of his or her sentence if the prisoner is
829	829	6 required to serve 85% of his or her sentence; or
830	830	7 (ii) 60% of his or her sentence if the prisoner is
831	831	8 required to serve 75% of his or her sentence, except if the
832	832	9 prisoner is serving a sentence for gunrunning his or her
833	833	10 sentence shall not be reduced to less than 75%.
834	834	11 (iii) 100% of his or her sentence if the prisoner is
835	835	12 required to serve 100% of his or her sentence.
836	836	13 (5) Whenever the Department is to release any committed
837	837	14 person inmate earlier than it otherwise would because of a
838	838	15 grant of earned sentence credit under paragraph (3) of
839	839	16 subsection (a) of this Section given at any time during the
840	840	17 term, the Department shall give reasonable notice of the
841	841	18 impending release not less than 14 days prior to the date of
842	842	19 the release to the State's Attorney of the county where the
843	843	20 prosecution of the committed person inmate took place, and if
844	844	21 applicable, the State's Attorney of the county into which the
845	845	22 committed person inmate will be released. The Department must
846	846	23 also make identification information and a recent photo of the
847	847	24 committed person inmate being released accessible on the
848	848	25 Internet by means of a hyperlink labeled "Community
849	849	26 Notification of Committed Person Inmate Early Release" on the
850	850
851	851
852	852
853	853
854	854
855	855	HB3449 - 23 - LRB104 09292 RLC 19350 b
856	856
857	857
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859	859	HB3449 - 24 - LRB104 09292 RLC 19350 b
860	860	1 Department's World Wide Web homepage. The identification
861	861	2 information shall include the committed person's inmate's:
862	862	3 name, any known alias, date of birth, physical
863	863	4 characteristics, commitment offense, and county where
864	864	5 conviction was imposed. The identification information shall
865	865	6 be placed on the website within 3 days of the committed
866	866	7 person's inmate's release and the information may not be
867	867	8 removed until either: completion of the first year of
868	868	9 mandatory supervised release or return of the committed person
869	869	10 inmate to custody of the Department.
870	870	11 (b) Whenever a person is or has been committed under
871	871	12 several convictions, with separate sentences, the sentences
872	872	13 shall be construed under Section 5-8-4 in granting and
873	873	14 forfeiting of sentence credit.
874	874	15 (c) (1) The Department shall prescribe rules and
875	875	16 regulations for revoking sentence credit, including revoking
876	876	17 sentence credit awarded under paragraph (3) of subsection (a)
877	877	18 of this Section. The Department shall prescribe rules and
878	878	19 regulations establishing and requiring the use of a sanctions
879	879	20 matrix for revoking sentence credit. The Department shall
880	880	21 prescribe rules and regulations for suspending or reducing the
881	881	22 rate of accumulation of sentence credit for specific rule
882	882	23 violations, during imprisonment. These rules and regulations
883	883	24 shall provide that no committed person inmate may be penalized
884	884	25 more than one year of sentence credit for any one infraction.
885	885	26 (2) When the Department seeks to revoke, suspend, or
886	886
887	887
888	888
889	889
890	890
891	891	HB3449 - 24 - LRB104 09292 RLC 19350 b
892	892
893	893
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895	895	HB3449 - 25 - LRB104 09292 RLC 19350 b
896	896	1 reduce the rate of accumulation of any sentence credits for an
897	897	2 alleged infraction of its rules, it shall bring charges
898	898	3 therefor against the committed person prisoner sought to be so
899	899	4 deprived of sentence credits before the Prisoner Review Board
900	900	5 as provided in subparagraph (a)(4) of Section 3-3-2 of this
901	901	6 Code, if the amount of credit at issue exceeds 30 days, whether
902	902	7 from one infraction or cumulatively from multiple infractions
903	903	8 arising out of a single event, or when, during any 12-month
904	904	9 period, the cumulative amount of credit revoked exceeds 30
905	905	10 days except where the infraction is committed or discovered
906	906	11 within 60 days of scheduled release. In those cases, the
907	907	12 Department of Corrections may revoke up to 30 days of sentence
908	908	13 credit. The Board may subsequently approve the revocation of
909	909	14 additional sentence credit, if the Department seeks to revoke
910	910	15 sentence credit in excess of 30 days. However, the Board shall
911	911	16 not be empowered to review the Department's decision with
912	912	17 respect to the loss of 30 days of sentence credit within any
913	913	18 calendar year for any committed person prisoner or to increase
914	914	19 any penalty beyond the length requested by the Department.
915	915	20 (3) The Director of Corrections or the Director of
916	916	21 Juvenile Justice, in appropriate cases, may restore sentence
917	917	22 credits which have been revoked, suspended, or reduced. The
918	918	23 Department shall prescribe rules and regulations governing the
919	919	24 restoration of sentence credits. These rules and regulations
920	920	25 shall provide for the automatic restoration of sentence
921	921	26 credits following a period in which the committed person
922	922
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924	924
925	925
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932	932	1 prisoner maintains a record without a disciplinary violation.
933	933	2 Nothing contained in this Section shall prohibit the
934	934	3 Prisoner Review Board from ordering, pursuant to Section
935	935	4 3-3-9(a)(3)(i)(B), that a committed person prisoner serve up
936	936	5 to one year of the sentence imposed by the court that was not
937	937	6 served due to the accumulation of sentence credit.
938	938	7 (d) If a lawsuit is filed by a committed person prisoner in
939	939	8 an Illinois or federal court against the State, the Department
940	940	9 of Corrections, or the Prisoner Review Board, or against any
941	941	10 of their officers or employees, and the court makes a specific
942	942	11 finding that a pleading, motion, or other paper filed by the
943	943	12 committed person prisoner is frivolous, the Department of
944	944	13 Corrections shall conduct a hearing to revoke up to 180 days of
945	945	14 sentence credit by bringing charges against the committed
946	946	15 person prisoner sought to be deprived of the sentence credits
947	947	16 before the Prisoner Review Board as provided in subparagraph
948	948	17 (a)(8) of Section 3-3-2 of this Code. If the committed person
949	949	18 prisoner has not accumulated 180 days of sentence credit at
950	950	19 the time of the finding, then the Prisoner Review Board may
951	951	20 revoke all sentence credit accumulated by the committed person
952	952	21 prisoner.
953	953	22 For purposes of this subsection (d):
954	954	23 (1) "Frivolous" means that a pleading, motion, or
955	955	24 other filing which purports to be a legal document filed
956	956	25 by a committed person prisoner in his or her lawsuit meets
957	957	26 any or all of the following criteria:
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968	968	1 (A) it lacks an arguable basis either in law or in
969	969	2 fact;
970	970	3 (B) it is being presented for any improper
971	971	4 purpose, such as to harass or to cause unnecessary
972	972	5 delay or needless increase in the cost of litigation;
973	973	6 (C) the claims, defenses, and other legal
974	974	7 contentions therein are not warranted by existing law
975	975	8 or by a nonfrivolous argument for the extension,
976	976	9 modification, or reversal of existing law or the
977	977	10 establishment of new law;
978	978	11 (D) the allegations and other factual contentions
979	979	12 do not have evidentiary support or, if specifically so
980	980	13 identified, are not likely to have evidentiary support
981	981	14 after a reasonable opportunity for further
982	982	15 investigation or discovery; or
983	983	16 (E) the denials of factual contentions are not
984	984	17 warranted on the evidence, or if specifically so
985	985	18 identified, are not reasonably based on a lack of
986	986	19 information or belief.
987	987	20 (2) "Lawsuit" means a motion pursuant to Section 116-3
988	988	21 of the Code of Criminal Procedure of 1963, a habeas corpus
989	989	22 action under Article X of the Code of Civil Procedure or
990	990	23 under federal law (28 U.S.C. 2254), a petition for claim
991	991	24 under the Court of Claims Act, an action under the federal
992	992	25 Civil Rights Act (42 U.S.C. 1983), or a second or
993	993	26 subsequent petition for post-conviction relief under
994	994
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997	997
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1004	1004	1 Article 122 of the Code of Criminal Procedure of 1963
1005	1005	2 whether filed with or without leave of court or a second or
1006	1006	3 subsequent petition for relief from judgment under Section
1007	1007	4 2-1401 of the Code of Civil Procedure.
1008	1008	5 (e) Nothing in Public Act 90-592 or 90-593 affects the
1009	1009	6 validity of Public Act 89-404.
1010	1010	7 (f) Whenever the Department is to release any committed
1011	1011	8 person inmate who has been convicted of a violation of an order
1012	1012	9 of protection under Section 12-3.4 or 12-30 of the Criminal
1013	1013	10 Code of 1961 or the Criminal Code of 2012, earlier than it
1014	1014	11 otherwise would because of a grant of sentence credit, the
1015	1015	12 Department, as a condition of release, shall require that the
1016	1016	13 person, upon release, be placed under electronic surveillance
1017	1017	14 as provided in Section 5-8A-7 of this Code.
1018	1018	15 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
1019	1019	16 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1020	1020	17 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
1021	1021	18 eff. 7-1-24; 103-822, eff. 1-1-25.)
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