Public Act 099-0241
 
HB3884 EnrolledLRB099 04141 RLC 24161 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 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 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:

            (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) 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) 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) 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)  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

    the Director may award up to 180 days additional sentence

    credit for good conduct in specific instances as the

    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

    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

    Illinois Vehicle Code, aggravated kidnapping, kidnapping,

    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

    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

    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).

    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.


Consideration may be based on, but not limited to, any


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

    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

    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

    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.

        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

    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 
    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.

        (4.1) The rules and regulations shall also provide that 
    an additional 90 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 90 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

    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.)

  


Effective Date:  1/1/2016