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| Public Act 099-0275 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-6-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and Regulations for Sentence Credit.
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(a) (1) The Department of Corrections shall prescribe | ||||
rules
and regulations for awarding and revoking sentence | ||||
credit for persons committed to the Department which shall
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be subject to review by the Prisoner Review Board.
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(1.5) As otherwise provided by law, sentence credit may | ||||
be awarded for the following: | ||||
(A) successful completion of programming while in | ||||
custody of the Department or while in custody prior to | ||||
sentencing; | ||||
(B) compliance with the rules and regulations of | ||||
the Department; or | ||||
(C) service to the institution, service to a | ||||
community, or service to the State. | ||||
(2) The rules and regulations on sentence credit shall | ||||
provide, with
respect to offenses listed in clause (i), | ||||
(ii), or (iii) of this paragraph (2) committed on or after | ||||
June 19, 1998 or with respect to the offense listed in | ||
clause (iv) of this paragraph (2) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
with
respect to offense listed in clause (vi)
committed on | ||
or after June 1, 2008 (the effective date of Public Act | ||
95-625)
or with respect to the offense of being an armed | ||
habitual criminal committed on or after August 2, 2005 (the | ||
effective date of Public Act 94-398) or with respect to the | ||
offenses listed in clause (v) of this paragraph (2) | ||
committed on or after August 13, 2007 (the effective date | ||
of Public Act 95-134) or with respect to the offense of | ||
aggravated domestic battery committed on or after July 23, | ||
2010 (the effective date of Public Act 96-1224) or with | ||
respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date | ||
of Public Act 97-990), the following:
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(i) that a prisoner who is serving a term of | ||
imprisonment for first
degree murder or for the offense | ||
of terrorism shall receive no sentence
credit and shall | ||
serve the entire
sentence imposed by the court;
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(ii) that a prisoner serving a sentence for attempt | ||
to commit terrorism, attempt to commit first
degree | ||
murder, solicitation of murder, solicitation of murder | ||
for hire,
intentional homicide of an unborn child, | ||
predatory criminal sexual assault of a
child, | ||
aggravated criminal sexual assault, criminal sexual | ||
assault, aggravated
kidnapping, aggravated battery | ||
with a firearm as described in Section 12-4.2 or | ||
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||
Section 12-3.05, heinous battery as described in | ||
Section 12-4.1 or subdivision (a)(2) of Section | ||
12-3.05, being an armed habitual criminal, aggravated
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battery of a senior citizen as described in Section | ||
12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||
aggravated battery of a child as described in Section | ||
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||
receive no
more than 4.5 days of sentence credit for | ||
each month of his or her sentence
of imprisonment;
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(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular | ||
hijacking,
aggravated discharge of a firearm, or armed | ||
violence with a category I weapon
or category II | ||
weapon, when the court
has made and entered a finding, | ||
pursuant to subsection (c-1) of Section 5-4-1
of this | ||
Code, that the conduct leading to conviction for the | ||
enumerated offense
resulted in great bodily harm to a | ||
victim, shall receive no more than 4.5 days
of sentence | ||
credit for each month of his or her sentence of | ||
imprisonment;
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(iv) that a prisoner serving a sentence for | ||
aggravated discharge of a firearm, whether or not the | ||
conduct leading to conviction for the offense resulted | ||
in great bodily harm to the victim, shall receive no | ||
more than 4.5 days of sentence credit for each month of | ||
his or her sentence of imprisonment;
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(v) that a person serving a sentence for | ||
gunrunning, narcotics racketeering, controlled | ||
substance trafficking, methamphetamine trafficking, | ||
drug-induced homicide, aggravated | ||
methamphetamine-related child endangerment, money | ||
laundering pursuant to clause (c) (4) or (5) of Section | ||
29B-1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, or a Class X felony conviction for delivery of | ||
a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, | ||
aggravated participation in methamphetamine | ||
manufacturing, delivery of methamphetamine, possession | ||
with intent to deliver methamphetamine, aggravated | ||
delivery of methamphetamine, aggravated possession | ||
with intent to deliver methamphetamine, | ||
methamphetamine conspiracy when the substance | ||
containing the controlled substance or methamphetamine | ||
is 100 grams or more shall receive no more than 7.5 | ||
days sentence credit for each month of his or her | ||
sentence of imprisonment;
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(vi)
that a prisoner serving a sentence for a | ||
second or subsequent offense of luring a minor shall | ||
receive no more than 4.5 days of sentence credit for | ||
each month of his or her sentence of imprisonment; and
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(vii) that a prisoner serving a sentence for | ||
aggravated domestic battery shall receive no more than | ||
4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment. | ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||
after June 23, 2005 (the effective date of Public Act | ||
94-71) or subdivision (a)(2)(v) committed on or after | ||
August 13, 2007 (the effective date of Public Act 95-134)
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or subdivision (a)(2)(vi) committed on or after June 1, | ||
2008 (the effective date of Public Act 95-625) or | ||
subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||
(the effective date of Public Act 96-1224), and other than | ||
the offense of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds, or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the
Illinois Vehicle Code, and other than | ||
the offense of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230),
the rules and regulations shall
provide that a | ||
prisoner who is serving a term of
imprisonment shall | ||
receive one day of sentence credit for each day of
his or | ||
her sentence of imprisonment or recommitment under Section | ||
3-3-9.
Each day of sentence credit shall reduce by one day | ||
the prisoner's period
of imprisonment or recommitment | ||
under Section 3-3-9.
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(2.2) A prisoner serving a term of natural life | ||
imprisonment or a
prisoner who has been sentenced to death | ||
shall receive no sentence
credit.
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(2.3) The rules and regulations on sentence credit | ||
shall provide that
a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds, or | ||
any combination
thereof as defined in subparagraph (F) of | ||
paragraph (1) of subsection (d) of
Section 11-501 of the | ||
Illinois Vehicle Code, shall receive no more than 4.5
days | ||
of sentence credit for each month of his or her sentence of
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imprisonment.
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(2.4) The rules and regulations on sentence credit | ||
shall provide with
respect to the offenses of aggravated | ||
battery with a machine gun or a firearm
equipped with any | ||
device or attachment designed or used for silencing the
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report of a firearm or aggravated discharge of a machine | ||
gun or a firearm
equipped with any device or attachment | ||
designed or used for silencing the
report of a firearm, | ||
committed on or after
July 15, 1999 (the effective date of | ||
Public Act 91-121),
that a prisoner serving a sentence for | ||
any of these offenses shall receive no
more than 4.5 days | ||
of sentence credit for each month of his or her sentence
of | ||
imprisonment.
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(2.5) The rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for | ||
aggravated arson committed on or after
July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more | ||
than
4.5 days of sentence credit for each month of his or | ||
her sentence of
imprisonment.
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(2.6) The rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds or any | ||
combination
thereof as defined in subparagraph (C) of | ||
paragraph (1) of subsection (d) of
Section 11-501 of the | ||
Illinois Vehicle Code committed on or after January 1, 2011 | ||
(the effective date of Public Act 96-1230) shall receive no | ||
more than 4.5
days of sentence credit for each month of his | ||
or her sentence of
imprisonment. | ||
(3) The rules and regulations shall also provide that
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the Director may award up to 180 days additional sentence
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credit for good conduct in specific instances as the
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Director deems proper. The good conduct may include, but is | ||
not limited to, compliance with the rules and regulations | ||
of the Department, service to the Department, service to a | ||
community, or service to the State. However, the Director | ||
shall not award more than 90 days
of sentence credit for | ||
good conduct to any prisoner who is serving a sentence for
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conviction of first degree murder, reckless homicide while | ||
under the
influence of alcohol or any other drug,
or | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or | ||
any combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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predatory criminal sexual assault of a child,
aggravated | ||
criminal sexual assault, criminal sexual assault, deviate | ||
sexual
assault, aggravated criminal sexual abuse, | ||
aggravated indecent liberties
with a child, indecent | ||
liberties with a child, child pornography, heinous
battery | ||
as described in Section 12-4.1 or subdivision (a)(2) of | ||
Section 12-3.05, aggravated battery of a spouse, | ||
aggravated battery of a spouse
with a firearm, stalking, | ||
aggravated stalking, aggravated battery of a child as | ||
described in Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05,
endangering the life or health of a child, | ||
or cruelty to a child. Notwithstanding the foregoing, | ||
sentence credit for
good conduct shall not be awarded on a
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sentence of imprisonment imposed for conviction of: (i) one | ||
of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||
or (iii) when the offense is committed on or after
June 19, | ||
1998 or subdivision (a)(2)(iv) when the offense is | ||
committed on or after June 23, 2005 (the effective date of | ||
Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||
is committed on or after August 13, 2007 (the effective | ||
date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||
the offense is committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or subdivision | ||
(a)(2)(vii) when the offense is committed on or after July | ||
23, 2010 (the effective date of Public Act 96-1224), (ii) | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or | ||
any combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, (iii) one of the offenses enumerated | ||
in subdivision
(a)(2.4) when the offense is committed on or | ||
after
July 15, 1999 (the effective date of Public Act | ||
91-121),
(iv) aggravated arson when the offense is | ||
committed
on or after July 27, 2001 (the effective date of | ||
Public Act 92-176), (v) offenses that may subject the | ||
offender to commitment under the Sexually Violent Persons | ||
Commitment Act, or (vi) aggravated driving under the | ||
influence of alcohol,
other drug or drugs, or intoxicating | ||
compound or compounds or any combination
thereof as defined | ||
in subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230).
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Eligible inmates for an award of sentence credit under
this | ||
paragraph (3) may be selected to receive the credit at
the | ||
Director's or his or her designee's sole discretion.
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Consideration may be based on, but not limited to, any
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available risk assessment analysis on the inmate, any history | ||
of conviction for violent crimes as defined by the Rights of | ||
Crime Victims and Witnesses Act, facts and circumstances of the | ||
inmate's holding offense or offenses, and the potential for | ||
rehabilitation. | ||
The Director shall not award sentence credit under this | ||
paragraph (3) to an inmate unless the inmate has served a | ||
minimum of 60 days of the sentence; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the | ||
Director shall make a written determination that the inmate: | ||
(A) is eligible for the sentence credit; | ||
(B) has served a minimum of 60 days, or as close to | ||
60 days as the sentence will allow; and | ||
(C) has met the eligibility criteria established | ||
by rule. | ||
The Director shall determine the form and content of | ||
the written determination required in this subsection. | ||
(3.5) The Department shall provide annual written | ||
reports to the Governor and the General Assembly on the | ||
award of sentence credit for good conduct, with the first | ||
report due January 1, 2014. The Department must publish | ||
both reports on its website within 48 hours of transmitting | ||
the reports to the Governor and the General Assembly. The | ||
reports must include: | ||
(A) the number of inmates awarded sentence credit | ||
for good conduct; | ||
(B) the average amount of sentence credit for good | ||
conduct awarded; | ||
(C) the holding offenses of inmates awarded | ||
sentence credit for good conduct; and | ||
(D) the number of sentence credit for good conduct | ||
revocations. | ||
(4) The rules and regulations shall also provide that | ||
the sentence
credit accumulated and retained under | ||
paragraph (2.1) of subsection (a) of
this Section by any | ||
inmate during specific periods of time in which such
inmate | ||
is engaged full-time in substance abuse programs, | ||
correctional
industry assignments, educational programs, | ||
behavior modification programs, life skills courses, or | ||
re-entry planning provided by the Department
under this | ||
paragraph (4) and satisfactorily completes the assigned | ||
program as
determined by the standards of the Department, | ||
shall be multiplied by a factor
of 1.25 for program | ||
participation before August 11, 1993
and 1.50 for program | ||
participation on or after that date.
The rules and | ||
regulations shall also provide that sentence credit, | ||
subject to the same offense limits and multiplier provided | ||
in this paragraph, may be provided to an inmate who was | ||
held in pre-trial detention prior to his or her current | ||
commitment to the Department of Corrections and | ||
successfully completed a full-time, 60-day or longer | ||
substance abuse program, educational program, behavior | ||
modification program, life skills course, or re-entry | ||
planning provided by the county department of corrections | ||
or county jail. Calculation of this county program credit | ||
shall be done at sentencing as provided in Section | ||
5-4.5-100 of this Code and shall be included in the | ||
sentencing order. However, no inmate shall be eligible for | ||
the additional sentence credit
under this paragraph (4) or | ||
(4.1) of this subsection (a) while assigned to a boot camp
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or electronic detention, or if convicted of an offense | ||
enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||
Section that is committed on or after June 19,
1998 or | ||
subdivision (a)(2)(iv) of this Section that is committed on | ||
or after June 23, 2005 (the effective date of Public Act | ||
94-71) or subdivision (a)(2)(v) of this Section that is | ||
committed on or after August 13, 2007 (the effective date | ||
of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||
offense is committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or subdivision | ||
(a)(2)(vii) when the offense is committed on or after July | ||
23, 2010 (the effective date of Public Act 96-1224), or if | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the
Illinois Vehicle Code, or if | ||
convicted of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230), or if convicted of an offense enumerated in | ||
paragraph
(a)(2.4) of this Section that is committed on or | ||
after
July 15, 1999 (the effective date of Public Act | ||
91-121),
or first degree murder, a Class X felony, criminal | ||
sexual
assault, felony criminal sexual abuse, aggravated | ||
criminal sexual abuse,
aggravated battery with a firearm as | ||
described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||
successor offenses
with the same or substantially the same | ||
elements, or any inchoate offenses
relating to the | ||
foregoing offenses. No inmate shall be eligible for the
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additional good conduct credit under this paragraph (4) who | ||
(i) has previously
received increased good conduct credit | ||
under this paragraph (4) and has
subsequently been | ||
convicted of a
felony, or (ii) has previously served more | ||
than one prior sentence of
imprisonment for a felony in an | ||
adult correctional facility.
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Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry | ||
planning, and correctional
industry programs under which | ||
sentence credit may be increased under
this paragraph (4) | ||
and paragraph (4.1) of this subsection (a) shall be | ||
evaluated by the Department on the basis of
documented | ||
standards. The Department shall report the results of these
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evaluations to the Governor and the General Assembly by | ||
September 30th of each
year. The reports shall include data | ||
relating to the recidivism rate among
program | ||
participants.
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Availability of these programs shall be subject to the
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limits of fiscal resources appropriated by the General | ||
Assembly for these
purposes. Eligible inmates who are | ||
denied immediate admission shall be
placed on a waiting | ||
list under criteria established by the Department.
The | ||
inability of any inmate to become engaged in any such | ||
programs
by reason of insufficient program resources or for | ||
any other reason
established under the rules and | ||
regulations of the Department shall not be
deemed a cause | ||
of action under which the Department or any employee or
| ||
agent of the Department shall be liable for damages to the | ||
inmate.
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(4.1) The rules and regulations shall also provide that | ||
an additional 60 days of sentence credit shall be awarded | ||
to any prisoner who passes high school equivalency testing | ||
while the prisoner is committed to the Department of | ||
Corrections. The sentence credit awarded under this | ||
paragraph (4.1) shall be in addition to, and shall not | ||
affect, the award of sentence credit under any other | ||
paragraph of this Section, but shall also be pursuant to | ||
the guidelines and restrictions set forth in paragraph (4) | ||
of subsection (a) of this Section.
The sentence credit | ||
provided for in this paragraph shall be available only to | ||
those prisoners who have not previously earned a high | ||
school diploma or a high school equivalency certificate. | ||
If, after an award of the high school equivalency testing | ||
sentence credit has been made, the Department determines | ||
that the prisoner was not eligible, then the award shall be | ||
revoked.
The Department may also award 60 days of sentence | ||
credit to any committed person who passed high school | ||
equivalency testing while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department | ||
of Corrections. | ||
(4.5) The rules and regulations on sentence credit | ||
shall also provide that
when the court's sentencing order | ||
recommends a prisoner for substance abuse treatment and the
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crime was committed on or after September 1, 2003 (the | ||
effective date of
Public Act 93-354), the prisoner shall | ||
receive no sentence credit awarded under clause (3) of this | ||
subsection (a) unless he or she participates in and
| ||
completes a substance abuse treatment program. The | ||
Director may waive the requirement to participate in or | ||
complete a substance abuse treatment program and award the | ||
sentence credit in specific instances if the prisoner is | ||
not a good candidate for a substance abuse treatment | ||
program for medical, programming, or operational reasons. | ||
Availability of
substance abuse treatment shall be subject | ||
to the limits of fiscal resources
appropriated by the | ||
General Assembly for these purposes. If treatment is not
| ||
available and the requirement to participate and complete | ||
the treatment has not been waived by the Director, the | ||
prisoner shall be placed on a waiting list under criteria
| ||
established by the Department. The Director may allow a | ||
prisoner placed on
a waiting list to participate in and | ||
complete a substance abuse education class or attend | ||
substance
abuse self-help meetings in lieu of a substance | ||
abuse treatment program. A prisoner on a waiting list who | ||
is not placed in a substance abuse program prior to release | ||
may be eligible for a waiver and receive sentence credit | ||
under clause (3) of this subsection (a) at the discretion | ||
of the Director.
| ||
(4.6) The rules and regulations on sentence credit | ||
shall also provide that a prisoner who has been convicted | ||
of a sex offense as defined in Section 2 of the Sex | ||
Offender Registration Act shall receive no sentence credit | ||
unless he or she either has successfully completed or is | ||
participating in sex offender treatment as defined by the | ||
Sex Offender Management Board. However, prisoners who are | ||
waiting to receive treatment, but who are unable to do so | ||
due solely to the lack of resources on the part of the | ||
Department, may, at the Director's sole discretion, be | ||
awarded sentence credit at a rate as the Director shall | ||
determine. | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of | ||
sentence credit for good conduct under paragraph (3) of | ||
subsection (a) of this Section given at any time during the | ||
term, the Department shall give
reasonable notice of the | ||
impending release not less than 14 days prior to the date | ||
of the release to the State's
Attorney of the county where | ||
the prosecution of the inmate took place, and if | ||
applicable, the State's Attorney of the county into which | ||
the inmate will be released. The Department must also make | ||
identification information and a recent photo of the inmate | ||
being released accessible on the Internet by means of a | ||
hyperlink labeled "Community Notification of Inmate Early | ||
Release" on the Department's World Wide Web homepage.
The | ||
identification information shall include the inmate's: | ||
name, any known alias, date of birth, physical | ||
characteristics, residence address, commitment offense and | ||
county where conviction was imposed. The identification | ||
information shall be placed on the website within 3 days of | ||
the inmate's release and the information may not be removed | ||
until either: completion of the first year of mandatory | ||
supervised release or return of the inmate to custody of | ||
the Department.
| ||
(b) Whenever a person is or has been committed under
| ||
several convictions, with separate sentences, the sentences
| ||
shall be construed under Section 5-8-4 in granting and
| ||
forfeiting of sentence credit.
| ||
(c) The Department shall prescribe rules and regulations
| ||
for revoking sentence credit, including revoking sentence | ||
credit awarded for good conduct under paragraph (3) of | ||
subsection (a) of this Section. The Department shall prescribe | ||
rules and regulations for suspending or reducing
the rate of | ||
accumulation of sentence credit for specific
rule violations, | ||
during imprisonment. These rules and regulations
shall provide | ||
that no inmate may be penalized more than one
year of sentence | ||
credit for any one infraction.
| ||
When the Department seeks to revoke, suspend or reduce
the | ||
rate of accumulation of any sentence credits for
an alleged | ||
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
sentence | ||
credits before the Prisoner Review Board as
provided in | ||
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||
amount of credit at issue exceeds 30 days or
when during any 12 | ||
month period, the cumulative amount of
credit revoked exceeds | ||
30 days except where the infraction is committed
or discovered | ||
within 60 days of scheduled release. In those cases,
the | ||
Department of Corrections may revoke up to 30 days of sentence | ||
credit.
The Board may subsequently approve the revocation of | ||
additional sentence credit, if the Department seeks to revoke | ||
sentence credit in
excess of 30 days. However, the Board shall | ||
not be empowered to review the
Department's decision with | ||
respect to the loss of 30 days of sentence
credit within any | ||
calendar year for any prisoner or to increase any penalty
| ||
beyond the length requested by the Department.
| ||
The Director of the Department of Corrections, in | ||
appropriate cases, may
restore up to 30 days of sentence | ||
credits which have been revoked, suspended
or reduced. Any | ||
restoration of sentence credits in excess of 30 days shall
be | ||
subject to review by the Prisoner Review Board. However, the | ||
Board may not
restore sentence credit in excess of the amount | ||
requested by the Director.
| ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board
from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||
sentence imposed by the court that was not served due to the
| ||
accumulation of sentence credit.
| ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court
against the State, the Department of Corrections, | ||
or the Prisoner Review Board,
or against any of
their officers | ||
or employees, and the court makes a specific finding that a
| ||
pleading, motion, or other paper filed by the prisoner is | ||
frivolous, the
Department of Corrections shall conduct a | ||
hearing to revoke up to
180 days of sentence credit by bringing | ||
charges against the prisoner
sought to be deprived of the | ||
sentence credits before the Prisoner Review
Board as provided | ||
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||
prisoner has not accumulated 180 days of sentence credit at the
| ||
time of the finding, then the Prisoner Review Board may revoke | ||
all
sentence credit accumulated by the prisoner.
| ||
For purposes of this subsection (d):
| ||
(1) "Frivolous" means that a pleading, motion, or other | ||
filing which
purports to be a legal document filed by a | ||
prisoner in his or her lawsuit meets
any or all of the | ||
following criteria:
| ||
(A) it lacks an arguable basis either in law or in | ||
fact;
| ||
(B) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or | ||
needless increase in the cost of litigation;
| ||
(C) the claims, defenses, and other legal | ||
contentions therein are not
warranted by existing law | ||
or by a nonfrivolous argument for the extension,
| ||
modification, or reversal of existing law or the | ||
establishment of new law;
| ||
(D) the allegations and other factual contentions | ||
do not have
evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further | ||
investigation or discovery;
or
| ||
(E) the denials of factual contentions are not | ||
warranted on the
evidence, or if specifically so | ||
identified, are not reasonably based on a lack
of | ||
information or belief.
| ||
(2) "Lawsuit" means a motion pursuant to Section
116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under
Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254),
a petition for claim | ||
under the Court of Claims Act, an action under the
federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure.
| ||
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404.
| ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it
otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; | ||
97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||
1-1-15.)
| ||