98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4726
 
Introduced , by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:





730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3

 Amends the Unified Code of Corrections. Provides that the rules and regulations on sentence credit prescribed by the Department of Corrections shall also provide for timely notification to inmates that their eligibility
for the award by the Director of Corrections of additional sentence
credit for good conduct in specific instances as the
Director deems proper is being reviewed and timely notification of the decision to
award or not award sentence credit for good conduct and the amount of credit awarded, if any.



LRB098 19186 RLC 54338 b


 
 
A BILL FOR
 


HB4726LRB098 19186 RLC 54338 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-6-3 as follows:



6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)


7 Sec. 3-6-3. Rules and Regulations for Sentence Credit. 


8  (a) (1) The Department of Corrections shall prescribe 
9 rules
and regulations for awarding and revoking sentence 
10 credit for persons committed to the Department which shall

11 be subject to review by the Prisoner Review Board.

12  (1.5) As otherwise provided by law, sentence credit may 
13 be awarded for the following: 
14   (A) successful completion of programming while in 
15 custody of the Department or while in custody prior to 
16 sentencing; 
17   (B) compliance with the rules and regulations of 
18 the Department; or 
19   (C) service to the institution, service to a 
20 community, or service to the State. 

21  (2) The rules and regulations on sentence credit shall 
22 provide, with
respect to offenses listed in clause (i), 
23 (ii), or (iii) of this paragraph (2) committed on or after 
 
 
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1 June 19, 1998 or with respect to the offense listed in 
2 clause (iv) of this paragraph (2) committed on or after 
3 June 23, 2005 (the effective date of Public Act 94-71) or 
4 with
respect to offense listed in clause (vi)
committed on 
5 or after June 1, 2008 (the effective date of Public Act 
6 95-625)
or with respect to the offense of being an armed 
7 habitual criminal committed on or after August 2, 2005 (the 
8 effective date of Public Act 94-398) or with respect to the 
9 offenses listed in clause (v) of this paragraph (2) 
10 committed on or after August 13, 2007 (the effective date 
11 of Public Act 95-134) or with respect to the offense of 
12 aggravated domestic battery committed on or after July 23, 
13 2010 (the effective date of Public Act 96-1224) or with 
14 respect to the offense of attempt to commit terrorism 
15 committed on or after January 1, 2013 (the effective date 
16 of Public Act 97-990), the following:


17   (i) that a prisoner who is serving a term of 
18 imprisonment for first
degree murder or for the offense 
19 of terrorism shall receive no sentence
credit and shall 
20 serve the entire
sentence imposed by the court;


21   (ii) that a prisoner serving a sentence for attempt 
22 to commit terrorism, attempt to commit first
degree 
23 murder, solicitation of murder, solicitation of murder 
24 for hire,
intentional homicide of an unborn child, 
25 predatory criminal sexual assault of a
child, 
26 aggravated criminal sexual assault, criminal sexual 
 
 
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1 assault, aggravated
kidnapping, aggravated battery 
2 with a firearm as described in Section 12-4.2 or 
3 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
4 Section 12-3.05, heinous battery as described in 
5 Section 12-4.1 or subdivision (a)(2) of Section 
6 12-3.05, being an armed habitual criminal, aggravated

7 battery of a senior citizen as described in Section 
8 12-4.6 or subdivision (a)(4) of Section 12-3.05, or 
9 aggravated battery of a child as described in Section 
10 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall 
11 receive no
more than 4.5 days of sentence credit for 
12 each month of his or her sentence
of imprisonment;


13   (iii) that a prisoner serving a sentence
for home 
14 invasion, armed robbery, aggravated vehicular 
15 hijacking,
aggravated discharge of a firearm, or armed 
16 violence with a category I weapon
or category II 
17 weapon, when the court
has made and entered a finding, 
18 pursuant to subsection (c-1) of Section 5-4-1
of this 
19 Code, that the conduct leading to conviction for the 
20 enumerated offense
resulted in great bodily harm to a 
21 victim, shall receive no more than 4.5 days
of sentence 
22 credit for each month of his or her sentence of 
23 imprisonment;

24   (iv) that a prisoner serving a sentence for 
25 aggravated discharge of a firearm, whether or not the 
26 conduct leading to conviction for the offense resulted 
 
 
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1 in great bodily harm to the victim, shall receive no 
2 more than 4.5 days of sentence credit for each month of 
3 his or her sentence of imprisonment;

4   (v) that a person serving a sentence for 
5 gunrunning, narcotics racketeering, controlled 
6 substance trafficking, methamphetamine trafficking, 
7 drug-induced homicide, aggravated 
8 methamphetamine-related child endangerment, money 
9 laundering pursuant to clause (c) (4) or (5) of Section 
10 29B-1 of the Criminal Code of 1961 or the Criminal Code 
11 of 2012, or a Class X felony conviction for delivery of 
12 a controlled substance, possession of a controlled 
13 substance with intent to manufacture or deliver, 
14 calculated criminal drug conspiracy, criminal drug 
15 conspiracy, street gang criminal drug conspiracy, 
16 participation in methamphetamine manufacturing, 
17 aggravated participation in methamphetamine 
18 manufacturing, delivery of methamphetamine, possession 
19 with intent to deliver methamphetamine, aggravated 
20 delivery of methamphetamine, aggravated possession 
21 with intent to deliver methamphetamine, 
22 methamphetamine conspiracy when the substance 
23 containing the controlled substance or methamphetamine 
24 is 100 grams or more shall receive no more than 7.5 
25 days sentence credit for each month of his or her 
26 sentence of imprisonment;

 
 
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1   (vi)
that a prisoner serving a sentence for a 
2 second or subsequent offense of luring a minor shall 
3 receive no more than 4.5 days of sentence credit for 
4 each month of his or her sentence of imprisonment; and

5   (vii) that a prisoner serving a sentence for 
6 aggravated domestic battery shall receive no more than 
7 4.5 days of sentence credit for each month of his or 
8 her sentence of imprisonment. 

9  (2.1) For all offenses, other than those enumerated in 
10 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
11 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
12 after June 23, 2005 (the effective date of Public Act 
13 94-71) or subdivision (a)(2)(v) committed on or after 
14 August 13, 2007 (the effective date of Public Act 95-134)

15 or subdivision (a)(2)(vi) committed on or after June 1, 
16 2008 (the effective date of Public Act 95-625) or 
17 subdivision (a)(2)(vii) committed on or after July 23, 2010 
18 (the effective date of Public Act 96-1224), and other than 
19 the offense of aggravated driving under the influence of 
20 alcohol, other drug or drugs, or
intoxicating compound or 
21 compounds, or any combination thereof as defined in

22 subparagraph (F) of paragraph (1) of subsection (d) of 
23 Section 11-501 of the
Illinois Vehicle Code, and other than 
24 the offense of aggravated driving under the influence of 
25 alcohol,
other drug or drugs, or intoxicating compound or 
26 compounds, or any combination
thereof as defined in 
 
 
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1 subparagraph (C) of paragraph (1) of subsection (d) of

2 Section 11-501 of the Illinois Vehicle Code committed on or 
3 after January 1, 2011 (the effective date of Public Act 
4 96-1230),
the rules and regulations shall
provide that a 
5 prisoner who is serving a term of
imprisonment shall 
6 receive one day of sentence credit for each day of
his or 
7 her sentence of imprisonment or recommitment under Section 
8 3-3-9.
Each day of sentence credit shall reduce by one day 
9 the prisoner's period
of imprisonment or recommitment 
10 under Section 3-3-9.


11  (2.2) A prisoner serving a term of natural life 
12 imprisonment or a
prisoner who has been sentenced to death 
13 shall receive no sentence
credit.


14  (2.3) The rules and regulations on sentence credit 
15 shall provide that
a prisoner who is serving a sentence for 
16 aggravated driving under the influence of alcohol,
other 
17 drug or drugs, or intoxicating compound or compounds, or 
18 any combination
thereof as defined in subparagraph (F) of 
19 paragraph (1) of subsection (d) of
Section 11-501 of the 
20 Illinois Vehicle Code, shall receive no more than 4.5
days 
21 of sentence credit for each month of his or her sentence of

22 imprisonment.


23  (2.4) The rules and regulations on sentence credit 
24 shall provide with
respect to the offenses of aggravated 
25 battery with a machine gun or a firearm
equipped with any 
26 device or attachment designed or used for silencing the

 
 
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1 report of a firearm or aggravated discharge of a machine 
2 gun or a firearm
equipped with any device or attachment 
3 designed or used for silencing the
report of a firearm, 
4 committed on or after
July 15, 1999 (the effective date of 
5 Public Act 91-121),
that a prisoner serving a sentence for 
6 any of these offenses shall receive no
more than 4.5 days 
7 of sentence credit for each month of his or her sentence
of 
8 imprisonment.


9  (2.5) The rules and regulations on sentence credit 
10 shall provide that a
prisoner who is serving a sentence for 
11 aggravated arson committed on or after
July 27, 2001 (the 
12 effective date of Public Act 92-176) shall receive no more 
13 than
4.5 days of sentence credit for each month of his or 
14 her sentence of
imprisonment.

15  (2.6) The rules and regulations on sentence credit 
16 shall provide that a
prisoner who is serving a sentence for 
17 aggravated driving under the influence of alcohol,
other 
18 drug or drugs, or intoxicating compound or compounds or any 
19 combination
thereof as defined in subparagraph (C) of 
20 paragraph (1) of subsection (d) of
Section 11-501 of the 
21 Illinois Vehicle Code committed on or after January 1, 2011 
22 (the effective date of Public Act 96-1230) shall receive no 
23 more than 4.5
days of sentence credit for each month of his 
24 or her sentence of
imprisonment.

25  (3) The rules and regulations shall also provide that

26 the Director may award up to 180 days additional sentence

 
 
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1 credit for good conduct in specific instances as the

2 Director deems proper. The good conduct may include, but is 
3 not limited to, compliance with the rules and regulations 
4 of the Department, service to the Department, service to a 
5 community, or service to the State. However, the Director 
6 shall not award more than 90 days
of sentence credit for 
7 good conduct to any prisoner who is serving a sentence for

8 conviction of first degree murder, reckless homicide while 
9 under the
influence of alcohol or any other drug,
or 
10 aggravated driving under the influence of alcohol, other 
11 drug or drugs, or
intoxicating compound or compounds, or 
12 any combination thereof as defined in
subparagraph (F) of 
13 paragraph (1) of subsection (d) of Section 11-501 of the

14 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

15 predatory criminal sexual assault of a child,
aggravated 
16 criminal sexual assault, criminal sexual assault, deviate 
17 sexual
assault, aggravated criminal sexual abuse, 
18 aggravated indecent liberties
with a child, indecent 
19 liberties with a child, child pornography, heinous
battery 
20 as described in Section 12-4.1 or subdivision (a)(2) of 
21 Section 12-3.05, aggravated battery of a spouse, 
22 aggravated battery of a spouse
with a firearm, stalking, 
23 aggravated stalking, aggravated battery of a child as 
24 described in Section 12-4.3 or subdivision (b)(1) of 
25 Section 12-3.05,
endangering the life or health of a child, 
26 or cruelty to a child. Notwithstanding the foregoing, 
 
 
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1 sentence credit for
good conduct shall not be awarded on a

2 sentence of imprisonment imposed for conviction of: (i) one 
3 of the offenses
enumerated in subdivision (a)(2)(i), (ii), 
4 or (iii) when the offense is committed on or after
June 19, 
5 1998 or subdivision (a)(2)(iv) when the offense is 
6 committed on or after June 23, 2005 (the effective date of 
7 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
8 is committed on or after August 13, 2007 (the effective 
9 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
10 the offense is committed on or after June 1, 2008 (the 
11 effective date of Public Act 95-625) or subdivision 
12 (a)(2)(vii) when the offense is committed on or after July 
13 23, 2010 (the effective date of Public Act 96-1224), (ii) 
14 aggravated driving under the influence of alcohol, other 
15 drug or drugs, or
intoxicating compound or compounds, or 
16 any combination thereof as defined in
subparagraph (F) of 
17 paragraph (1) of subsection (d) of Section 11-501 of the

18 Illinois Vehicle Code, (iii) one of the offenses enumerated 
19 in subdivision
(a)(2.4) when the offense is committed on or 
20 after
July 15, 1999 (the effective date of Public Act 
21 91-121),
(iv) aggravated arson when the offense is 
22 committed
on or after July 27, 2001 (the effective date of 
23 Public Act 92-176), (v) offenses that may subject the 
24 offender to commitment under the Sexually Violent Persons 
25 Commitment Act, or (vi) aggravated driving under the 
26 influence of alcohol,
other drug or drugs, or intoxicating 
 
 
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1 compound or compounds or any combination
thereof as defined 
2 in subparagraph (C) of paragraph (1) of subsection (d) of

3 Section 11-501 of the Illinois Vehicle Code committed on or 
4 after January 1, 2011 (the effective date of Public Act 
5 96-1230).

6  Eligible inmates for an award of sentence credit under

7 this paragraph (3) may be selected to receive the credit at

8 the Director's or his or her designee's sole discretion.

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

10 available risk assessment analysis on the inmate, any 
11 history of conviction for violent crimes as defined by the 
12 Rights of Crime Victims and Witnesses Act, facts and 
13 circumstances of the inmate's holding offense or offenses, 
14 and the potential for rehabilitation. 
15  The Director shall not award sentence credit under this 
16 paragraph (3) to an inmate unless the inmate has served a 
17 minimum of 60 days of the sentence; except nothing in this 
18 paragraph shall be construed to permit the Director to 
19 extend an inmate's sentence beyond that which was imposed 
20 by the court. Prior to awarding credit under this paragraph 
21 (3), the Director shall make a written determination that 
22 the inmate:
23   (A) is eligible for the sentence credit;
24   (B) has served a minimum of 60 days, or as close to 
25 60 days as the sentence will allow; and
26   (C) has met the eligibility criteria established 
 
 
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1 by rule.
2  The Director shall determine the form and content of 
3 the written determination required in this subsection.
4  The rules and regulations shall also provide for timely 
5 notification to inmates that their eligibility
for 
6 sentence credit under this paragraph (3) is being reviewed 
7 and timely notification of the decision to
award or not 
8 award sentence credit under this paragraph (3) and the 
9 amount of credit awarded, if any. 
10  (3.5) The Department shall provide annual written 
11 reports to the Governor and the General Assembly on the 
12 award of sentence credit for good conduct, with the first 
13 report due January 1, 2014. The Department must publish 
14 both reports on its website within 48 hours of transmitting 
15 the reports to the Governor and the General Assembly. The 
16 reports must include:
17   (A) the number of inmates awarded sentence credit 
18 for good conduct;
19   (B) the average amount of sentence credit for good 
20 conduct awarded;
21   (C) the holding offenses of inmates awarded 
22 sentence credit for good conduct; and
23   (D) the number of sentence credit for good conduct 
24 revocations. 

25  (4) The rules and regulations shall also provide that 
26 the sentence
credit accumulated and retained under 
 
 
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1 paragraph (2.1) of subsection (a) of
this Section by any 
2 inmate during specific periods of time in which such
inmate 
3 is engaged full-time in substance abuse programs, 
4 correctional
industry assignments, educational programs, 
5 behavior modification programs, life skills courses, or 
6 re-entry planning provided by the Department
under this 
7 paragraph (4) and satisfactorily completes the assigned 
8 program as
determined by the standards of the Department, 
9 shall be multiplied by a factor
of 1.25 for program 
10 participation before August 11, 1993
and 1.50 for program 
11 participation on or after that date.
The rules and 
12 regulations shall also provide that sentence credit, 
13 subject to the same offense limits and multiplier provided 
14 in this paragraph, may be provided to an inmate who was 
15 held in pre-trial detention prior to his or her current 
16 commitment to the Department of Corrections and 
17 successfully completed a full-time, 60-day or longer 
18 substance abuse program, educational program, behavior 
19 modification program, life skills course, or re-entry 
20 planning provided by the county department of corrections 
21 or county jail. Calculation of this county program credit 
22 shall be done at sentencing as provided in Section 
23 5-4.5-100 of this Code and shall be included in the 
24 sentencing order. However, no inmate shall be eligible for 
25 the additional sentence credit
under this paragraph (4) or 
26 (4.1) of this subsection (a) while assigned to a boot camp

 
 
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1 or electronic detention, or if convicted of an offense 
2 enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this 
3 Section that is committed on or after June 19,
1998 or 
4 subdivision (a)(2)(iv) of this Section that is committed on 
5 or after June 23, 2005 (the effective date of Public Act 
6 94-71) or subdivision (a)(2)(v) of this Section that is 
7 committed on or after August 13, 2007 (the effective date 
8 of Public Act 95-134)
or subdivision (a)(2)(vi) when the 
9 offense is committed on or after June 1, 2008 (the 
10 effective date of Public Act 95-625) or subdivision 
11 (a)(2)(vii) when the offense is committed on or after July 
12 23, 2010 (the effective date of Public Act 96-1224), or if 
13 convicted of aggravated driving under the influence of 
14 alcohol, other drug or drugs, or
intoxicating compound or 
15 compounds or any combination thereof as defined in

16 subparagraph (F) of paragraph (1) of subsection (d) of 
17 Section 11-501 of the
Illinois Vehicle Code, or if 
18 convicted of aggravated driving under the influence of 
19 alcohol,
other drug or drugs, or intoxicating compound or 
20 compounds or any combination
thereof as defined in 
21 subparagraph (C) of paragraph (1) of subsection (d) of

22 Section 11-501 of the Illinois Vehicle Code committed on or 
23 after January 1, 2011 (the effective date of Public Act 
24 96-1230), or if convicted of an offense enumerated in 
25 paragraph
(a)(2.4) of this Section that is committed on or 
26 after
July 15, 1999 (the effective date of Public Act 
 
 
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1 91-121),
or first degree murder, a Class X felony, criminal 
2 sexual
assault, felony criminal sexual abuse, aggravated 
3 criminal sexual abuse,
aggravated battery with a firearm as 
4 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
5 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
6 successor offenses
with the same or substantially the same 
7 elements, or any inchoate offenses
relating to the 
8 foregoing offenses. No inmate shall be eligible for the

9 additional good conduct credit under this paragraph (4) who 
10 (i) has previously
received increased good conduct credit 
11 under this paragraph (4) and has
subsequently been 
12 convicted of a
felony, or (ii) has previously served more 
13 than one prior sentence of
imprisonment for a felony in an 
14 adult correctional facility.


15  Educational, vocational, substance abuse, behavior 
16 modification programs, life skills courses, re-entry 
17 planning, and correctional
industry programs under which 
18 sentence credit may be increased under
this paragraph (4) 
19 and paragraph (4.1) of this subsection (a) shall be 
20 evaluated by the Department on the basis of
documented 
21 standards. The Department shall report the results of these

22 evaluations to the Governor and the General Assembly by 
23 September 30th of each
year. The reports shall include data 
24 relating to the recidivism rate among
program 
25 participants.


26  Availability of these programs shall be subject to the

 
 
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1 limits of fiscal resources appropriated by the General 
2 Assembly for these
purposes. Eligible inmates who are 
3 denied immediate admission shall be
placed on a waiting 
4 list under criteria established by the Department.
The 
5 inability of any inmate to become engaged in any such 
6 programs
by reason of insufficient program resources or for 
7 any other reason
established under the rules and 
8 regulations of the Department shall not be
deemed a cause 
9 of action under which the Department or any employee or

10 agent of the Department shall be liable for damages to the 
11 inmate.

12  (4.1) The rules and regulations shall also provide that 
13 an additional 60 days of sentence credit shall be awarded 
14 to any prisoner who passes the high school level Test of 
15 General Educational Development (GED) while the prisoner 
16 is committed to the Department of Corrections. The sentence 
17 credit awarded under this paragraph (4.1) shall be in 
18 addition to, and shall not affect, the award of sentence 
19 credit under any other paragraph of this Section, but shall 
20 also be pursuant to the guidelines and restrictions set 
21 forth in paragraph (4) of subsection (a) of this Section.

22 The sentence credit provided for in this paragraph shall be 
23 available only to those prisoners who have not previously 
24 earned a high school diploma or a GED. If, after an award 
25 of the GED sentence credit has been made and the Department 
26 determines that the prisoner was not eligible, then the 
 
 
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1 award shall be revoked.
The Department may also award 60 
2 days of sentence credit to any committed person who passed 
3 the high school level Test of General Educational 
4 Development (GED) while he or she was held in pre-trial 
5 detention prior to the current commitment to the Department 
6 of Corrections. 

7  (4.5) The rules and regulations on sentence credit 
8 shall also provide that
when the court's sentencing order 
9 recommends a prisoner for substance abuse treatment and the

10 crime was committed on or after September 1, 2003 (the 
11 effective date of
Public Act 93-354), the prisoner shall 
12 receive no sentence credit awarded under clause (3) of this 
13 subsection (a) unless he or she participates in and

14 completes a substance abuse treatment program. The 
15 Director may waive the requirement to participate in or 
16 complete a substance abuse treatment program and award the 
17 sentence credit in specific instances if the prisoner is 
18 not a good candidate for a substance abuse treatment 
19 program for medical, programming, or operational reasons. 
20 Availability of
substance abuse treatment shall be subject 
21 to the limits of fiscal resources
appropriated by the 
22 General Assembly for these purposes. If treatment is not

23 available and the requirement to participate and complete 
24 the treatment has not been waived by the Director, the 
25 prisoner shall be placed on a waiting list under criteria

26 established by the Department. The Director may allow a 
 
 
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1 prisoner placed on
a waiting list to participate in and 
2 complete a substance abuse education class or attend 
3 substance
abuse self-help meetings in lieu of a substance 
4 abuse treatment program. A prisoner on a waiting list who 
5 is not placed in a substance abuse program prior to release 
6 may be eligible for a waiver and receive sentence credit 
7 under clause (3) of this subsection (a) at the discretion 
8 of the Director.

9  (4.6) The rules and regulations on sentence credit 
10 shall also provide that a prisoner who has been convicted 
11 of a sex offense as defined in Section 2 of the Sex 
12 Offender Registration Act shall receive no sentence credit 
13 unless he or she either has successfully completed or is 
14 participating in sex offender treatment as defined by the 
15 Sex Offender Management Board. However, prisoners who are 
16 waiting to receive treatment, but who are unable to do so 
17 due solely to the lack of resources on the part of the 
18 Department, may, at the Director's sole discretion, be 
19 awarded sentence credit at a rate as the Director shall 
20 determine.

21  (5) Whenever the Department is to release any inmate 
22 earlier than it
otherwise would because of a grant of 
23 sentence credit for good conduct under paragraph (3) of 
24 subsection (a) of this Section given at any time during the 
25 term, the Department shall give
reasonable notice of the 
26 impending release not less than 14 days prior to the date 
 
 
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1 of the release to the State's
Attorney of the county where 
2 the prosecution of the inmate took place, and if 
3 applicable, the State's Attorney of the county into which 
4 the inmate will be released. The Department must also make 
5 identification information and a recent photo of the inmate 
6 being released accessible on the Internet by means of a 
7 hyperlink labeled "Community Notification of Inmate Early 
8 Release" on the Department's World Wide Web homepage.
The 
9 identification information shall include the inmate's: 
10 name, any known alias, date of birth, physical 
11 characteristics, residence address, commitment offense and 
12 county where conviction was imposed. The identification 
13 information shall be placed on the website within 3 days of 
14 the inmate's release and the information may not be removed 
15 until either: completion of the first year of mandatory 
16 supervised release or return of the inmate to custody of 
17 the Department.

18 (b) Whenever a person is or has been committed under

19several convictions, with separate sentences, the sentences

20shall be construed under Section 5-8-4 in granting and

21forfeiting of sentence credit.

22 (c) The Department shall prescribe rules and regulations

23for revoking sentence credit, including revoking sentence 
24credit awarded for good conduct under paragraph (3) of 
25subsection (a) of this Section. The Department shall prescribe 
26rules and regulations for suspending or reducing
the rate of 
 
 
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1accumulation of sentence credit for specific
rule violations, 
2during imprisonment. These rules and regulations
shall provide 
3that no inmate may be penalized more than one
year of sentence 
4credit for any one infraction.

5 When the Department seeks to revoke, suspend or reduce
the 
6rate of accumulation of any sentence credits for
an alleged 
7infraction of its rules, it shall bring charges
therefor 
8against the prisoner sought to be so deprived of
sentence 
9credits before the Prisoner Review Board as
provided in 
10subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
11amount of credit at issue exceeds 30 days or
when during any 12 
12month period, the cumulative amount of
credit revoked exceeds 
1330 days except where the infraction is committed
or discovered 
14within 60 days of scheduled release. In those cases,
the 
15Department of Corrections may revoke up to 30 days of sentence 
16credit.
The Board may subsequently approve the revocation of 
17additional sentence credit, if the Department seeks to revoke 
18sentence credit in
excess of 30 days. However, the Board shall 
19not be empowered to review the
Department's decision with 
20respect to the loss of 30 days of sentence
credit within any 
21calendar year for any prisoner or to increase any penalty

22beyond the length requested by the Department.

23 The Director of the Department of Corrections, in 
24appropriate cases, may
restore up to 30 days of sentence 
25credits which have been revoked, suspended
or reduced. Any 
26restoration of sentence credits in excess of 30 days shall
be 
 
 
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1subject to review by the Prisoner Review Board. However, the 
2Board may not
restore sentence credit in excess of the amount 
3requested by the Director.

4 Nothing contained in this Section shall prohibit the 
5Prisoner Review Board
from ordering, pursuant to Section 
63-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
7sentence imposed by the court that was not served due to the

8accumulation of sentence credit.

9 (d) If a lawsuit is filed by a prisoner in an Illinois or 
10federal court
against the State, the Department of Corrections, 
11or the Prisoner Review Board,
or against any of
their officers 
12or employees, and the court makes a specific finding that a

13pleading, motion, or other paper filed by the prisoner is 
14frivolous, the
Department of Corrections shall conduct a 
15hearing to revoke up to
180 days of sentence credit by bringing 
16charges against the prisoner
sought to be deprived of the 
17sentence credits before the Prisoner Review
Board as provided 
18in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
19prisoner has not accumulated 180 days of sentence credit at the

20time of the finding, then the Prisoner Review Board may revoke 
21all
sentence credit accumulated by the prisoner.

22 For purposes of this subsection (d):


23  (1) "Frivolous" means that a pleading, motion, or other 
24 filing which
purports to be a legal document filed by a 
25 prisoner in his or her lawsuit meets
any or all of the 
26 following criteria:


 
 
HB4726- 21 -LRB098 19186 RLC 54338 b


1   (A) it lacks an arguable basis either in law or in 
2 fact;


3   (B) it is being presented for any improper purpose, 
4 such as to harass or
to cause unnecessary delay or 
5 needless increase in the cost of litigation;


6   (C) the claims, defenses, and other legal 
7 contentions therein are not
warranted by existing law 
8 or by a nonfrivolous argument for the extension,

9 modification, or reversal of existing law or the 
10 establishment of new law;


11   (D) the allegations and other factual contentions 
12 do not have
evidentiary
support or, if specifically so 
13 identified, are not likely to have evidentiary
support 
14 after a reasonable opportunity for further 
15 investigation or discovery;
or


16   (E) the denials of factual contentions are not 
17 warranted on the
evidence, or if specifically so 
18 identified, are not reasonably based on a lack
of 
19 information or belief.


20  (2) "Lawsuit" means a motion pursuant to Section
116-3 
21 of the Code of Criminal Procedure of 1963, a habeas corpus 
22 action under
Article X of the Code of Civil Procedure or 
23 under federal law (28 U.S.C. 2254),
a petition for claim 
24 under the Court of Claims Act, an action under the
federal 
25 Civil Rights Act (42 U.S.C. 1983), or a second or 
26 subsequent petition for post-conviction relief under 
 
 
HB4726- 22 -LRB098 19186 RLC 54338 b


1 Article 122 of the Code of Criminal Procedure of 1963 
2 whether filed with or without leave of court or a second or 
3 subsequent petition for relief from judgment under Section 
4 2-1401 of the Code of Civil Procedure.

5 (e) Nothing in Public Act 90-592 or 90-593 affects the 
6validity of Public Act 89-404.

7 (f) Whenever the Department is to release any inmate who 
8has been convicted of a violation of an order of protection 
9under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
10the Criminal Code of 2012, earlier than it
otherwise would 
11because of a grant of sentence credit, the Department, as a 
12condition of release, shall require that the person, upon 
13release, be placed under electronic surveillance as provided in 
14Section 5-8A-7 of this Code. 
15(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; 
1696-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. 
177-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, 
18eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; 
1997-1150, eff. 1-25-13.)