|
(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.
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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
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accumulation of sentence credit.
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(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.
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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.
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For purposes of this subsection (d):
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(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:
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(A) it lacks an arguable basis either in law or in |
fact;
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(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;
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(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;
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(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
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(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.
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(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 |
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subsequent petition for relief from judgment under Section |
2-1401 of the Code of Civil Procedure.
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(e) Nothing in Public Act 90-592 or 90-593 affects the |
validity of Public Act 89-404.
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(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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