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Public Act 103-0330
Public Act 0330 103RD GENERAL ASSEMBLY
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Public Act 103-0330
| | HB3026 Enrolled | LRB103 28518 RLC 54899 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-6-3 as follows:
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| Sec. 3-6-3. Rules and regulations for sentence credit.
| (a)(1) The Department of Corrections shall prescribe rules
| and regulations for awarding and revoking sentence credit for | persons committed to the Department of Corrections and the | Department of Juvenile Justice shall prescribe rules and | regulations for awarding and revoking sentence credit for | persons committed to the Department of Juvenile Justice under | Section 5-8-6 of the Unified Code of Corrections, which shall
| be subject to review by the Prisoner Review Board.
| (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 of Corrections or the Department | of Juvenile Justice 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) Except as provided in paragraph (4.7) of this | subsection (a), 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:
| (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;
| (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
| 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;
| (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;
|
| (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;
| (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;
| (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
| (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)
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
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.
| (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.
| (2.3) Except as provided in paragraph (4.7) of this | subsection (a), 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
| imprisonment.
| (2.4) Except as provided in paragraph (4.7) of this | subsection (a), 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
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.
| (2.5) Except as provided in paragraph (4.7) of this | subsection (a), 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.
| (2.6) Except as provided in paragraph (4.7) of this | subsection (a), 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) In addition to the sentence credits earned under | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | subsection (a), the rules and regulations shall also provide | that
the Director of Corrections or the Director of Juvenile | Justice may award up to 180 days of earned sentence
credit for | prisoners serving a sentence of incarceration of less than 5 | years, and up to 365 days of earned sentence credit for | prisoners serving a sentence of 5 years or longer. The | Director may grant this credit for good conduct in specific | instances as either
Director deems proper for eligible persons | in the custody of each Director's respective Department. 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.
| Eligible inmates for an award of earned sentence credit | under
this paragraph (3) may be selected to receive the credit | at
either Director's or his or her designee's sole discretion.
| Eligibility for the additional earned sentence credit under | this paragraph (3) may be based on, but is not limited to, | participation in programming offered by the Department as | appropriate for the prisoner based on the results of any | available risk/needs assessment or other relevant assessments | or evaluations administered by the Department using a | validated instrument, the circumstances of the crime, | demonstrated commitment to rehabilitation by a prisoner with a |
| history of conviction for a forcible felony enumerated in | Section 2-8 of the Criminal Code of 2012, the inmate's | behavior and improvements in disciplinary history while | incarcerated, and the inmate's commitment to rehabilitation, | including participation in programming offered by the | Department. | The Director of Corrections or the Director of Juvenile | Justice 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, including time served in a county jail; | except nothing in this paragraph shall be construed to permit | either Director to extend an inmate's sentence beyond that | which was imposed by the court. Prior to awarding credit under | this paragraph (3), each Director shall make a written | determination that the inmate: | (A) is eligible for the earned sentence credit; | (B) has served a minimum of 60 days, or as close to 60 | days as the sentence will allow; | (B-1) has received a risk/needs assessment or other | relevant evaluation or assessment administered by the | Department using a validated instrument; and | (C) has met the eligibility criteria established by | rule for earned sentence credit. | The Director of Corrections or the Director of Juvenile | Justice 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 earned | sentence credit no later than February 1 of each year. 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 earned sentence | credit; | (B) the average amount of earned sentence credit | awarded; | (C) the holding offenses of inmates awarded earned | sentence credit; and | (D) the number of earned sentence credit revocations. | (4)(A) Except as provided in paragraph (4.7) of this | subsection (a), the rules and regulations shall also provide | that any prisoner who is engaged full-time in substance abuse | programs, correctional
industry assignments, educational | programs, work-release programs or activities in accordance | with Article 13 of Chapter III of this Code, 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 receive | one day of sentence credit for each day in which that prisoner | is engaged in the activities described in this paragraph.
The | rules and regulations shall also provide that sentence credit |
| 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. The rules and regulations shall also provide | that sentence credit may be provided to an inmate who is in | compliance with programming requirements in an adult | transition center.
| (B) The Department shall award sentence credit under this | paragraph (4) accumulated prior to January 1, 2020 (the | effective date of Public Act 101-440) in an amount specified | in subparagraph (C) of this paragraph (4) to an inmate serving | a sentence for an offense committed prior to June 19, 1998, if | the Department determines that the inmate is entitled to this | sentence credit, based upon: | (i) documentation provided by the Department that the | inmate 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 under this | paragraph (4) and satisfactorily completed the assigned |
| program as determined by the standards of the Department | during the inmate's current term of incarceration; or | (ii) the inmate'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 inmate 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 under paragraph (4) and satisfactorily | completed the assigned program as determined by the | standards of the Department during the inmate's current | term of incarceration. | (C) If the inmate can provide documentation that he or she | is entitled to sentence credit under subparagraph (B) in | excess of 45 days of participation in those programs, the | inmate shall receive 90 days of sentence credit. If the inmate | cannot provide documentation of more than 45 days of | participation in those programs, the inmate shall receive 45 | days of sentence credit. In the event of a disagreement | between the Department and the inmate as to the amount of | credit accumulated under subparagraph (B), if the Department | provides documented proof of a lesser amount of days of | participation in those programs, that proof shall control. If | the Department provides no documentary proof, the inmate's | proof as set forth in clause (ii) of subparagraph (B) shall |
| control as to the amount of sentence credit provided. | (D) If the inmate has been convicted of a sex offense as | defined in Section 2 of the Sex Offender Registration Act, | sentencing credits under subparagraph (B) of this paragraph | (4) shall be awarded by the Department only if the conditions | set forth in paragraph (4.6) of subsection (a) are satisfied. | No inmate serving a term of natural life imprisonment shall | receive sentence credit under subparagraph (B) of this | paragraph (4). | (E) The rules and regulations shall provide for the | recalculation of program credits awarded pursuant to this | paragraph (4) prior to July 1, 2021 (the effective date of | Public Act 101-652) at the rate set for such credits on and | after July 1, 2021. | Educational, vocational, substance abuse, behavior | modification programs, life skills courses, re-entry planning, | and correctional
industry programs under which sentence credit | may be earned 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
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.
| Availability of these programs shall be subject to the
| 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 rules and | regulations shall provide that a prisoner who has been placed | on a waiting list but is transferred for non-disciplinary | reasons before beginning a program shall receive priority | placement on the waitlist for appropriate programs at the new | facility.
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. The | rules and regulations shall provide that a prisoner who begins | an educational, vocational, substance abuse, work-release | programs or activities in accordance with Article 13 of | Chapter III of this Code, behavior modification program, life | skills course, re-entry planning, or correctional industry | programs but is unable to complete the program due to illness, | disability, transfer, lockdown, or another reason outside of | the prisoner's control shall receive prorated sentence credits | for the days in which the prisoner did participate.
| (4.1) Except as provided in paragraph (4.7) of this | subsection (a), the rules and regulations shall also provide | that an additional 90 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 State of Illinois High School | Diploma. 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 90 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. Except as provided in paragraph (4.7) of this | subsection (a), the rules and regulations shall provide that | an additional 120 days of sentence credit shall be awarded to | any prisoner who obtains an associate degree while the | prisoner is committed to the Department of Corrections, | regardless of the date that the associate degree was obtained, | including if prior to July 1, 2021 (the effective date of | Public Act 101-652). 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 under the guidelines and | restrictions set forth in paragraph (4) of subsection (a) of | this Section. The sentence credit provided for in this | paragraph (4.1) shall be available only to those prisoners who | have not previously earned an associate degree prior to the | current commitment to the Department of Corrections. If, after | an award of the associate degree sentence credit has been made | and the Department determines that the prisoner was not | eligible, then the award shall be revoked. The Department may | also award 120 days of sentence credit to any committed person | who earned an associate degree while he or she was held in | pre-trial detention prior to the current commitment to the | Department of Corrections. | Except as provided in paragraph (4.7) of this subsection | (a), the rules and regulations shall provide that an | additional 180 days of sentence credit shall be awarded to any | prisoner who obtains a bachelor's degree 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 under | the guidelines and restrictions set forth in paragraph (4) of | this subsection (a). The sentence credit provided for in this | paragraph shall be available only to those prisoners who have | not earned a bachelor's degree prior to the current commitment | to the Department of Corrections. If, after an award of the |
| bachelor's degree 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 180 | days of sentence credit to any committed person who earned a | bachelor's degree while he or she was held in pre-trial | detention prior to the current commitment to the Department of | Corrections. | Except as provided in paragraph (4.7) of this subsection | (a), the rules and regulations shall provide that an | additional 180 days of sentence credit shall be awarded to any | prisoner who obtains a master's or professional degree 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 under the guidelines and restrictions set forth in | paragraph (4) of this subsection (a). The sentence credit | provided for in this paragraph shall be available only to | those prisoners who have not previously earned a master's or | professional degree prior to the current commitment to the | Department of Corrections. If, after an award of the master's | or professional degree 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 180 | days of sentence credit to any committed person who earned a | master's or professional degree while he or she was held in |
| pre-trial detention prior to the current commitment to the | Department of Corrections. | (4.2)(A) The rules and regulations shall also provide that | any prisoner engaged in self-improvement programs, volunteer | work, or work assignments that are not otherwise eligible | activities under paragraph (4), shall receive up to 0.5 days | of sentence credit for each day in which the prisoner is | engaged in activities described in this paragraph. | (B) The rules and regulations shall provide for the award | of sentence credit under this paragraph (4.2) for qualifying | days of engagement in eligible activities occurring prior to | July 1, 2021 (the effective date of Public Act 101-652). | (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
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 of Corrections may waive the | requirement to participate in or complete a substance abuse | treatment program 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 | either Director's sole discretion, be awarded sentence credit | at a rate as the Director shall determine. | (4.7) On or after January 1, 2018 (the effective date of | Public Act 100-3), sentence credit under paragraph (3), (4), | or (4.1) of this subsection (a) may be awarded to a prisoner |
| who is serving a sentence for an offense described in | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | on or after January 1, 2018 (the effective date of Public Act | 100-3); provided, the award of the credits under this | paragraph (4.7) shall not reduce the sentence of the prisoner | to less than the following amounts: | (i) 85% of his or her sentence if the prisoner is | required to serve 85% of his or her sentence; or | (ii) 60% of his or her sentence if the prisoner is | required to serve 75% of his or her sentence, except if the | prisoner is serving a sentence for gunrunning his or her | sentence shall not be reduced to less than 75%. | (iii) 100% of his or her sentence if the prisoner is | required to serve 100% of his or her sentence. | (5) Whenever the Department is to release any inmate | earlier than it
otherwise would because of a grant of earned | sentence credit 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, 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) (1) The Department shall prescribe rules and | regulations
for revoking sentence credit, including revoking | sentence credit awarded under paragraph (3) of subsection (a) | of this Section. The Department shall prescribe rules and | regulations establishing and requiring the use of a sanctions | matrix for revoking sentence credit. 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.
| (2) 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, whether from one | infraction or cumulatively from multiple infractions arising | out of a single event, 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.
| (3) The Director of Corrections or the Director of | Juvenile Justice, in appropriate cases, may
restore sentence | credits which have been revoked, suspended,
or reduced. The | Department shall prescribe rules and regulations governing the | restoration of sentence credits. These rules and regulations | shall provide for the automatic restoration of sentence | credits following a period in which the prisoner maintains a | record without a disciplinary violation.
|
| 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. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | 5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
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Effective Date: 1/1/2024
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