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Illinois General Assembly· SB 3333Governor Approved

CD CORR-SENTENCE CREDIT, the official text

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SB3333 Enrolled                     LRB104 20218 RLC 33669 b

1   AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4   Section 5. The Unified Code of Corrections is amended by

5 changing Section 3-6-3 as follows:

6   (730 ILCS 5/3-6-3)

7   Sec. 3-6-3. Rules and regulations for sentence credit.

8   (a)(1) The Department of Corrections shall prescribe rules

9 and regulations for awarding and revoking sentence credit for

10 persons committed to the Department of Corrections and the

11 Department of Juvenile Justice shall prescribe rules and

12 regulations for awarding and revoking sentence credit for

13 persons committed to the Department of Juvenile Justice under

14 Section 5-8-6 of the Unified Code of Corrections, which shall

15 be subject to review by the Prisoner Review Board.

16  (1.5) As otherwise provided by law, sentence credit may be

17 awarded for the following:

18  (A) successful completion of programming while in

19  custody of the Department of Corrections or the Department

20  of Juvenile Justice or while in custody prior to

21  sentencing;

22  (B) compliance with the rules and regulations of the

23  Department; or
    SB3333 Enrolled  -2-  LRB104 20218 RLC 33669 b

1   (C) service to the institution, service to a

2   community, or service to the State.

3   (2) Except as provided in paragraph (4.7) of this

4 subsection (a), the rules and regulations on sentence credit

5 shall provide, with respect to offenses listed in clause (i),

6 (ii), or (iii) of this paragraph (2) committed on or after June

7 19, 1998 or with respect to the offense listed in clause (iv)

8 of this paragraph (2) committed on or after June 23, 2005 (the

9 effective date of Public Act 94-71) or with respect to offense

10 listed in clause (vi) committed on or after June 1, 2008 (the

11 effective date of Public Act 95-625) or with respect to the

12 offense of unlawful possession of a firearm by a repeat felony

13 offender committed on or after August 2, 2005 (the effective

14 date of Public Act 94-398) or with respect to the offenses

15 listed in clause (v) of this paragraph (2) committed on or

16 after August 13, 2007 (the effective date of Public Act

17 95-134) or with respect to the offense of aggravated domestic

18 battery committed on or after July 23, 2010 (the effective

19 date of Public Act 96-1224) or with respect to the offense of

20 attempt to commit terrorism committed on or after January 1,

21 2013 (the effective date of Public Act 97-990), the following:

22  (i) that a prisoner who is serving a term of

23  imprisonment for first degree murder or for the offense of

24  terrorism shall receive no sentence credit and shall serve

25  the entire sentence imposed by the court;

26  (ii) that a prisoner serving a sentence for attempt to
    SB3333 Enrolled  -3-  LRB104 20218 RLC 33669 b

1   commit terrorism, attempt to commit first degree murder,

2   solicitation of murder, solicitation of murder for hire,

3   intentional homicide of an unborn child, predatory

4   criminal sexual assault of a child, aggravated criminal

5   sexual assault, criminal sexual assault, aggravated

6   kidnapping, aggravated battery with a firearm as described

7   in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

8   or (e)(4) of Section 12-3.05, heinous battery as described

9   in Section 12-4.1 or subdivision (a)(2) of Section

10  12-3.05, unlawful possession of a firearm by a repeat

11  felony offender, aggravated battery of a senior citizen as

12  described in Section 12-4.6 or subdivision (a)(4) of

13  Section 12-3.05, or aggravated battery of a child as

14  described in Section 12-4.3 or subdivision (b)(1) of

15  Section 12-3.05 shall receive no more than 4.5 days of

16  sentence credit for each month of his or her sentence of

17  imprisonment;

18  (iii) that a prisoner serving a sentence for home

19  invasion, armed robbery, aggravated vehicular hijacking,

20  aggravated discharge of a firearm, or armed violence with

21  a category I weapon or category II weapon, when the court

22  has made and entered a finding, pursuant to subsection

23  (c-1) of Section 5-4-1 of this Code, that the conduct

24  leading to conviction for the enumerated offense resulted

25  in great bodily harm to a victim, shall receive no more

26  than 4.5 days of sentence credit for each month of his or
    SB3333 Enrolled  -4-            LRB104 20218 RLC 33669 b

1   her sentence of imprisonment;

2   (iv) that a prisoner serving a sentence for aggravated

3   discharge of a firearm, whether or not the conduct leading

4   to conviction for the offense resulted in great bodily

5   harm to the victim, shall receive no more than 4.5 days of

6   sentence credit for each month of his or her sentence of

7   imprisonment;

8   (v) that a person serving a sentence for gunrunning,

9   narcotics racketeering, controlled substance trafficking,

10  methamphetamine trafficking, drug-induced homicide,

11  aggravated methamphetamine-related child endangerment,

12  money laundering pursuant to clause (c) (4) or (5) of

13  Section 29B-1 of the Criminal Code of 1961 or the Criminal

14  Code of 2012, or a Class X felony conviction for delivery

15  of a controlled substance, possession of a controlled

16  substance with intent to manufacture or deliver,

17  calculated criminal drug conspiracy, criminal drug

18  conspiracy, street gang criminal drug conspiracy,

19  participation in methamphetamine manufacturing,

20  aggravated       participation  in  methamphetamine

21  manufacturing, delivery of methamphetamine, possession

22  with intent to deliver methamphetamine, aggravated

23  delivery of methamphetamine, aggravated possession with

24  intent to deliver methamphetamine, methamphetamine

25  conspiracy when the substance containing the controlled

26  substance or methamphetamine is 100 grams or more shall
    SB3333 Enrolled  -5-       LRB104 20218 RLC 33669 b

1   receive no more than 7.5 days sentence credit for each

2   month of his or her sentence of imprisonment;

3   (vi) that a prisoner serving a sentence for a second

4   or subsequent offense of luring a minor shall receive no

5   more than 4.5 days of sentence credit for each month of his

6   or her sentence of imprisonment; and

7   (vii) that a prisoner serving a sentence for

8   aggravated domestic battery shall receive no more than 4.5

9   days of sentence credit for each month of his or her

10  sentence of imprisonment.

11  (2.1) For all offenses, other than those enumerated in

12 subdivision (a)(2)(i), (ii), or (iii) committed on or after

13 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

14 June 23, 2005 (the effective date of Public Act 94-71) or

15 subdivision (a)(2)(v) committed on or after August 13, 2007

16 (the effective date of Public Act 95-134) or subdivision

17 (a)(2)(vi) committed on or after June 1, 2008 (the effective

18 date of Public Act 95-625) or subdivision (a)(2)(vii)

19 committed on or after July 23, 2010 (the effective date of

20 Public Act 96-1224), and other than the offense of aggravated

21 driving under the influence of alcohol, other drug or drugs,

22 or intoxicating compound or compounds, or any combination

23 thereof as defined in subparagraph (F) of paragraph (1) of

24 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

25 and other than the offense of aggravated driving under the

26 influence of alcohol, other drug or drugs, or intoxicating
    SB3333 Enrolled  -6-  LRB104 20218 RLC 33669 b

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), the rules and regulations shall provide that a

6 prisoner who is serving a term of imprisonment shall receive

7 one day of sentence credit for each day of his or her sentence

8 of imprisonment or recommitment under Section 3-3-9. Each day

9 of sentence credit shall reduce by one day the prisoner's

10 period of imprisonment or recommitment under Section 3-3-9.

11  (2.2) A prisoner serving a term of natural life

12 imprisonment shall receive no sentence credit.

13  (2.3) Except as provided in paragraph (4.7) of this

14 subsection (a), 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 drug

17 or drugs, or intoxicating compound or compounds, or any

18 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 of

21 sentence credit for each month of his or her sentence of

22 imprisonment.

23  (2.4) Except as provided in paragraph (4.7) of this

24 subsection (a), the rules and regulations on sentence credit

25 shall provide with respect to the offenses of aggravated

26 battery with a machine gun or a firearm equipped with any
    SB3333 Enrolled           -7-  LRB104 20218 RLC 33669 b

1 device or attachment designed or used for silencing the report

2 of a firearm or aggravated discharge of a machine gun or a

3 firearm equipped with any device or attachment designed or

4 used for silencing the report of a firearm, committed on or

5 after July 15, 1999 (the effective date of Public Act 91-121),

6 that a prisoner serving a sentence for any of these offenses

7 shall receive no more than 4.5 days of sentence credit for each

8 month of his or her sentence of imprisonment.

9   (2.5) Except as provided in paragraph (4.7) of this

10 subsection (a), the rules and regulations on sentence credit

11 shall provide that a prisoner who is serving a sentence for

12 aggravated arson committed on or after July 27, 2001 (the

13 effective date of Public Act 92-176) shall receive no more

14 than 4.5 days of sentence credit for each month of his or her

15 sentence of imprisonment.

16  (2.6) Except as provided in paragraph (4.7) of this

17 subsection (a), the rules and regulations on sentence credit

18 shall provide that a prisoner who is serving a sentence for

19 aggravated driving under the influence of alcohol, other drug

20 or drugs, or intoxicating compound or compounds or any

21 combination thereof as defined in subparagraph (C) of

22 paragraph (1) of subsection (d) of Section 11-501 of the

23 Illinois Vehicle Code committed on or after January 1, 2011

24 (the effective date of Public Act 96-1230) shall receive no

25 more than 4.5 days of sentence credit for each month of his or

26 her sentence of imprisonment.
    SB3333 Enrolled  -8-  LRB104 20218 RLC 33669 b

1   (3) In addition to the sentence credits earned under

2 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

3 subsection (a), the rules and regulations shall also provide

4 that the Director of Corrections or the Director of Juvenile

5 Justice may award up to 180 days of earned sentence credit for

6 prisoners serving a sentence of incarceration of less than 5

7 years, and up to 365 days of earned sentence credit for

8 prisoners serving a sentence of 5 years or longer. The

9 Director may grant this credit for good conduct in specific

10 instances as either Director deems proper for eligible persons

11 in the custody of each Director's respective Department. The

12 good conduct may include, but is not limited to, compliance

13 with the rules and regulations of the Department, service to

14 the Department, service to a community, or service to the

15 State.

16  Eligible inmates for an award of earned sentence credit

17 under this paragraph (3) may be selected to receive the credit

18 at either Director's or his or her designee's sole discretion.

19 Eligibility for the additional earned sentence credit under

20 this paragraph (3) may be based on, but is not limited to,

21 participation in programming offered by the Department as

22 appropriate for the prisoner based on the results of any

23 available risk/needs assessment or other relevant assessments

24 or evaluations administered by the Department using a

25 validated instrument, the circumstances of the crime,

26 demonstrated commitment to rehabilitation by a prisoner with a
    SB3333 Enrolled  -9-              LRB104 20218 RLC 33669 b

1 history of conviction for a forcible felony enumerated in

2 Section 2-8 of the Criminal Code of 2012, the inmate's

3 behavior and improvements in disciplinary history while

4 incarcerated, and the inmate's commitment to rehabilitation,

5 including participation in programming offered by the

6 Department.

7   The Director of Corrections or the Director of Juvenile

8 Justice shall not award sentence credit under this paragraph

9 (3) to an inmate unless the inmate has served a minimum of 60

10 days of the sentence, including time served in a county jail;

11 except nothing in this paragraph shall be construed to permit

12 either Director to extend an inmate's sentence beyond that

13 which was imposed by the court. Prior to awarding credit under

14 this paragraph (3), each Director shall make a written

15 determination that the inmate:

16  (A) is eligible for the earned sentence credit;

17  (B) has served a minimum of 60 days, or as close to 60

18  days as the sentence will allow;

19  (B-1) has received a risk/needs assessment or other

20  relevant evaluation or assessment administered by the

21  Department using a validated instrument; and

22  (C) has met the eligibility criteria established by

23  rule for earned sentence credit.

24  The Director of Corrections or the Director of Juvenile

25 Justice shall determine the form and content of the written

26 determination required in this subsection.
    SB3333 Enrolled       - 10 - LRB104 20218 RLC 33669 b

1   (3.5) The Department shall provide annual written reports

2 to the Governor and the General Assembly on the award of earned

3 sentence credit no later than February 1 of each year. The

4 Department must publish both reports on its website within 48

5 hours of transmitting the reports to the Governor and the

6 General Assembly. The reports must include:

7   (A) the number of inmates awarded earned sentence

8   credit;

9   (B) the average amount of earned sentence credit

10  awarded;

11  (C) the holding offenses of inmates awarded earned

12  sentence credit; and

13  (D) the number of earned sentence credit revocations.

14  (4)(A) Except as provided in paragraph (4.7) of this

15 subsection (a), the rules and regulations shall also provide

16 that any prisoner who is engaged full-time in substance abuse

17 programs, correctional industry assignments, educational

18 programs, work-release programs or activities in accordance

19 with Article 13 of Chapter III of this Code, behavior

20 modification programs, life skills courses, or re-entry

21 planning provided by the Department under this paragraph (4)

22 and satisfactorily completes the assigned program as

23 determined by the standards of the Department, shall receive

24 one day of sentence credit for each day in which that prisoner

25 is engaged in the activities described in this paragraph. The

26 rules and regulations shall also provide that sentence credit
    SB3333 Enrolled              - 11 - LRB104 20218 RLC 33669 b

1 may be provided to an inmate who was held in pre-trial

2 detention prior to his or her current commitment to the

3 Department of Corrections and successfully completed a

4 full-time, 60-day or longer substance abuse program, county

5 jail or detention facility work assignments, educational

6 program, behavior modification program, life skills course,

7 parenting program, or re-entry planning facilitated provided

8 by the county department of corrections, or county jail, or

9 other provider. Calculation of this county program credit

10 shall be done at sentencing as provided in Section 5-4.5-100

11 of this Code and shall be included in the sentencing order. The

12 rules and regulations shall also provide that sentence credit

13 may be provided to an inmate who is in compliance with

14 programming requirements in an adult transition center.

15  (B) The Department shall award sentence credit under this

16 paragraph (4) accumulated prior to January 1, 2020 (the

17 effective date of Public Act 101-440) in an amount specified

18 in subparagraph (C) of this paragraph (4) to an inmate serving

19 a sentence for an offense committed prior to June 19, 1998, if

20 the Department determines that the inmate is entitled to this

21 sentence credit, based upon:

22  (i) documentation provided by the Department that the

23  inmate engaged in any full-time substance abuse programs,

24  correctional industry assignments, educational programs,

25  behavior modification programs, life skills courses, or

26  re-entry planning provided by the Department under this
    SB3333 Enrolled         - 12 - LRB104 20218 RLC 33669 b

1   paragraph (4) and satisfactorily completed the assigned

2   program as determined by the standards of the Department

3   during the inmate's current term of incarceration; or

4   (ii) the inmate's own testimony in the form of an

5   affidavit or documentation, or a third party's

6   documentation or testimony in the form of an affidavit

7   that the inmate likely engaged in any full-time substance

8   abuse programs, correctional industry assignments,

9   educational programs, behavior modification programs, life

10  skills courses, or re-entry planning provided by the

11  Department under paragraph (4) and satisfactorily

12  completed the assigned program as determined by the

13  standards of the Department during the inmate's current

14  term of incarceration.

15  (C) If the inmate can provide documentation that he or she

16 is entitled to sentence credit under subparagraph (B) in

17 excess of 45 days of participation in those programs, the

18 inmate shall receive 90 days of sentence credit. If the inmate

19 cannot provide documentation of more than 45 days of

20 participation in those programs, the inmate shall receive 45

21 days of sentence credit. In the event of a disagreement

22 between the Department and the inmate as to the amount of

23 credit accumulated under subparagraph (B), if the Department

24 provides documented proof of a lesser amount of days of

25 participation in those programs, that proof shall control. If

26 the Department provides no documentary proof, the inmate's
    SB3333 Enrolled       - 13 - LRB104 20218 RLC 33669 b

1 proof as set forth in clause (ii) of subparagraph (B) shall

2 control as to the amount of sentence credit provided.

3   (D) If the inmate has been convicted of a sex offense as

4 defined in Section 2 of the Sex Offender Registration Act,

5 sentencing credits under subparagraph (B) of this paragraph

6 (4) shall be awarded by the Department only if the conditions

7 set forth in paragraph (4.6) of subsection (a) are satisfied.

8 No inmate serving a term of natural life imprisonment shall

9 receive sentence credit under subparagraph (B) of this

10 paragraph (4).

11  (E) The rules and regulations shall provide for the

12 recalculation of program credits awarded pursuant to this

13 paragraph (4) prior to July 1, 2021 (the effective date of

14 Public Act 101-652) at the rate set for such credits on and

15 after July 1, 2021.

16  Educational, vocational, substance abuse, behavior

17 modification programs, life skills courses, re-entry planning,

18 and correctional industry programs under which sentence credit

19 may be earned under this paragraph (4) and paragraph (4.1) of

20 this subsection (a) shall be evaluated by the Department on

21 the basis of documented standards. The Department shall report

22 the results of these evaluations to the Governor and the

23 General Assembly by September 30th of each year. The reports

24 shall include data relating to the recidivism rate among

25 program participants.

26  Availability of these programs shall be subject to the
    SB3333 Enrolled  - 14 - LRB104 20218 RLC 33669 b

1 limits of fiscal resources appropriated by the General

2 Assembly for these purposes. Eligible inmates who are denied

3 immediate admission shall be placed on a waiting list under

4 criteria established by the Department. The rules and

5 regulations shall provide that a prisoner who has been placed

6 on a waiting list but is transferred for non-disciplinary

7 reasons before beginning a program shall receive priority

8 placement on the waitlist for appropriate programs at the new

9 facility. The inability of any inmate to become engaged in any

10 such programs by reason of insufficient program resources or

11 for any other reason established under the rules and

12 regulations of the Department shall not be deemed a cause of

13 action under which the Department or any employee or agent of

14 the Department shall be liable for damages to the inmate. The

15 rules and regulations shall provide that a prisoner who begins

16 an educational, vocational, substance abuse, work-release

17 programs or activities in accordance with Article 13 of

18 Chapter III of this Code, behavior modification program, life

19 skills course, re-entry planning, or correctional industry

20 programs but is unable to complete the program due to illness,

21 disability, transfer, lockdown, or another reason outside of

22 the prisoner's control shall receive prorated sentence credits

23 for the days in which the prisoner did participate.

24  (4.1) Except as provided in paragraph (4.7) of this

25 subsection (a), the rules and regulations shall also provide

26 that an additional 90 days of sentence credit shall be awarded
SB3333 Enrolled  - 15 - LRB104 20218 RLC 33669 b

 1 to any prisoner who passes high school equivalency testing
 2 while the prisoner is committed to the Department of
 3 Corrections. The sentence credit awarded under this paragraph
 4 (4.1) shall be in addition to, and shall not affect, the award
 5 of sentence credit under any other paragraph of this Section,
 6 but shall also be pursuant to the guidelines and restrictions
 7 set forth in paragraph (4) of subsection (a) of this Section.
 8 The sentence credit provided for in this paragraph shall be
 9 available only to those prisoners who have not previously
10 earned a high school diploma or a State of Illinois High School
11 Diploma. If, after an award of the high school equivalency
12 testing sentence credit has been made, the Department
13 determines that the prisoner was not eligible, then the award
14 shall be revoked. The Department may also award 90 days of
15 sentence credit to any committed person who passed high school
16 equivalency testing while he or she was held in pre-trial
17 detention prior to the current commitment to the Department of
18 Corrections. Except as provided in paragraph (4.7) of this
19 subsection (a), the rules and regulations shall provide that
20 an additional 120 days of sentence credit shall be awarded to
21 any prisoner who obtains an associate degree while the
22 prisoner is committed to the Department of Corrections,
23 regardless of the date that the associate degree was obtained,
24 including if prior to July 1, 2021 (the effective date of
25 Public Act 101-652). The sentence credit awarded under this
26 paragraph (4.1) shall be in addition to, and shall not affect,
    SB3333 Enrolled            - 16 - LRB104 20218 RLC 33669 b

1 the award of sentence credit under any other paragraph of this

2 Section, but shall also be under the guidelines and

3 restrictions set forth in paragraph (4) of subsection (a) of

4 this Section. The sentence credit provided for in this

5 paragraph (4.1) shall be available only to those prisoners who

6 have not previously earned an associate degree prior to the

7 current commitment to the Department of Corrections. If, after

8 an award of the associate degree sentence credit has been made

9 and the Department determines that the prisoner was not

10 eligible, then the award shall be revoked. The Department may

11 also award 120 days of sentence credit to any committed person

12 who earned an associate degree while he or she was held in

13 pre-trial detention prior to the current commitment to the

14 Department of Corrections.

15  Except as provided in paragraph (4.7) of this subsection

16 (a), the rules and regulations shall provide that an

17 additional 180 days of sentence credit shall be awarded to any

18 prisoner who obtains a bachelor's degree while the prisoner is

19 committed to the Department of Corrections. The sentence

20 credit awarded under this paragraph (4.1) shall be in addition

21 to, and shall not affect, the award of sentence credit under

22 any other paragraph of this Section, but shall also be under

23 the guidelines and restrictions set forth in paragraph (4) of

24 this subsection (a). The sentence credit provided for in this

25 paragraph shall be available only to those prisoners who have

26 not earned a bachelor's degree prior to the current commitment
   SB3333 Enrolled  - 17 - LRB104 20218 RLC 33669 b

1 to the Department of Corrections. If, after an award of the

2 bachelor's degree sentence credit has been made, the

3 Department determines that the prisoner was not eligible, then

4 the award shall be revoked. The Department may also award 180

5 days of sentence credit to any committed person who earned a

6 bachelor's degree while he or she was held in pre-trial

7 detention prior to the current commitment to the Department of

8 Corrections.

9  Except as provided in paragraph (4.7) of this subsection

10 (a), the rules and regulations shall provide that an

11 additional 180 days of sentence credit shall be awarded to any

12 prisoner who obtains a master's or professional degree while

13 the prisoner is committed to the Department of Corrections.

14 The sentence credit awarded under this paragraph (4.1) shall

15 be in addition to, and shall not affect, the award of sentence

16 credit under any other paragraph of this Section, but shall

17 also be under the guidelines and restrictions set forth in

18 paragraph (4) of this subsection (a). The sentence credit

19 provided for in this paragraph shall be available only to

20 those prisoners who have not previously earned a master's or

21 professional degree prior to the current commitment to the

22 Department of Corrections. If, after an award of the master's

23 or professional degree sentence credit has been made, the

24 Department determines that the prisoner was not eligible, then

25 the award shall be revoked. The Department may also award 180

26 days of sentence credit to any committed person who earned a
    SB3333 Enrolled           - 18 - LRB104 20218 RLC 33669 b

1 master's or professional degree while he or she was held in

2 pre-trial detention prior to the current commitment to the

3 Department of Corrections.

4   (4.2)(A) The rules and regulations shall also provide that

5 any prisoner or inmate who was held in pretrial detention

6 prior to his or her confinement to the Department of

7 Corrections, engaged in self-improvement programs, volunteer

8 work, or work assignments that are not otherwise eligible

9 activities under paragraph (4), shall receive up to 0.5 days

10 of sentence credit for each day in which the prisoner or inmate

11 is engaged in activities described in this paragraph.

12  (B) The rules and regulations shall provide for the award

13 of sentence credit under this paragraph (4.2) for qualifying

14 days of engagement in eligible activities occurring prior to

15 July 1, 2021 (the effective date of Public Act 101-652).

16  (4.5) The rules and regulations on sentence credit shall

17 also provide that when the court's sentencing order recommends

18 a prisoner for substance abuse treatment and the crime was

19 committed on or after September 1, 2003 (the effective date of

20 Public Act 93-354), the prisoner shall receive no sentence

21 credit awarded under clause (3) of this subsection (a) unless

22 he or she participates in and completes a substance abuse

23 treatment program. The Director of Corrections may waive the

24 requirement to participate in or complete a substance abuse

25 treatment program in specific instances if the prisoner is not

26 a good candidate for a substance abuse treatment program for
    SB3333 Enrolled             - 19 - LRB104 20218 RLC 33669 b

1 medical, programming, or operational reasons. Availability of

2 substance abuse treatment shall be subject to the limits of

3 fiscal resources appropriated by the General Assembly for

4 these purposes. If treatment is not available and the

5 requirement to participate and complete the treatment has not

6 been waived by the Director, the prisoner shall be placed on a

7 waiting list under criteria established by the Department. The

8 Director may allow a prisoner placed on a waiting list to

9 participate in and complete a substance abuse education class

10 or attend substance abuse self-help meetings in lieu of a

11 substance abuse treatment program. A prisoner on a waiting

12 list who is not placed in a substance abuse program prior to

13 release may be eligible for a waiver and receive sentence

14 credit under clause (3) of this subsection (a) at the

15 discretion of the Director.

16  (4.6) The rules and regulations on sentence credit shall

17 also provide that a prisoner who has been convicted of a sex

18 offense as defined in Section 2 of the Sex Offender

19 Registration Act shall receive no sentence credit unless he or

20 she either has successfully completed or is participating in

21 sex offender treatment as defined by the Sex Offender

22 Management Board. However, prisoners who are waiting to

23 receive treatment, but who are unable to do so due solely to

24 the lack of resources on the part of the Department, may, at

25 either Director's sole discretion, be awarded sentence credit

26 at a rate as the Director shall determine.
    SB3333 Enrolled  - 20 - LRB104 20218 RLC 33669 b

1   (4.7) On or after January 1, 2018 (the effective date of

2 Public Act 100-3), sentence credit under paragraph (3), (4),

3 or (4.1) of this subsection (a) may be awarded to a prisoner

4 who is serving a sentence for an offense described in

5 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

6 on or after January 1, 2018 (the effective date of Public Act

7 100-3); provided, the award of the credits under this

8 paragraph (4.7) shall not reduce the sentence of the prisoner

9 to less than the following amounts:

10  (i) 85% of his or her sentence if the prisoner is

11  required to serve 85% of his or her sentence; or

12  (ii) 60% of his or her sentence if the prisoner is

13  required to serve 75% of his or her sentence, except if the

14  prisoner is serving a sentence for gunrunning his or her

15  sentence shall not be reduced to less than 75%.

16  (iii) 100% of his or her sentence if the prisoner is

17  required to serve 100% of his or her sentence.

18  (5) Whenever the Department is to release any inmate

19 earlier than it otherwise would because of a grant of earned

20 sentence credit under paragraph (3) of subsection (a) of this

21 Section given at any time during the term, the Department

22 shall give reasonable notice of the impending release not less

23 than 14 days prior to the date of the release to the State's

24 Attorney of the county where the prosecution of the inmate

25 took place, and if applicable, the State's Attorney of the

26 county into which the inmate will be released. The Department
    SB3333 Enrolled  - 21 - LRB104 20218 RLC 33669 b

1 must also make identification information and a recent photo

2 of the inmate being released accessible on the Internet by

3 means of a hyperlink labeled "Community Notification of Inmate

4 Early Release" on the Department's World Wide Web homepage.

5 The identification information shall include the inmate's:

6 name, any known alias, date of birth, physical

7 characteristics, commitment offense, and county where

8 conviction was imposed. The identification information shall

9 be placed on the website within 3 days of the inmate's release

10 and the information may not be removed until either:

11 completion of the first year of mandatory supervised release

12 or return of the inmate to custody of the Department.

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

14 several convictions, with separate sentences, the sentences

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

16 forfeiting of sentence credit.

17  (c) (1) The Department shall prescribe rules and

18 regulations for revoking sentence credit, including revoking

19 sentence credit awarded under paragraph (3) of subsection (a)

20 of this Section. The Department shall prescribe rules and

21 regulations establishing and requiring the use of a sanctions

22 matrix for revoking sentence credit. The Department shall

23 prescribe rules and regulations for suspending or reducing the

24 rate of accumulation of sentence credit for specific rule

25 violations, during imprisonment. These rules and regulations

26 shall provide that no inmate may be penalized more than one
    SB3333 Enrolled              - 22 - LRB104 20218 RLC 33669 b

1 year of sentence credit for any one infraction.

2   (2) When the Department seeks to revoke, suspend, or

3 reduce the rate of accumulation of any sentence credits for an

4 alleged infraction of its rules, it shall bring charges

5 therefor against the prisoner sought to be so deprived of

6 sentence credits before the Prisoner Review Board as provided

7 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

8 amount of credit at issue exceeds 30 days, whether from one

9 infraction or cumulatively from multiple infractions arising

10 out of a single event, or when, during any 12-month period, the

11 cumulative amount of credit revoked exceeds 30 days except

12 where the infraction is committed or discovered within 60 days

13 of scheduled release. In those cases, the Department of

14 Corrections may revoke up to 30 days of sentence credit. The

15 Board may subsequently approve the revocation of additional

16 sentence credit, if the Department seeks to revoke sentence

17 credit in excess of 30 days. However, the Board shall not be

18 empowered to review the Department's decision with respect to

19 the loss of 30 days of sentence credit within any calendar year

20 for any prisoner or to increase any penalty beyond the length

21 requested by the Department.

22  (3) The Director of Corrections or the Director of

23 Juvenile Justice, in appropriate cases, may restore sentence

24 credits which have been revoked, suspended, or reduced. The

25 Department shall prescribe rules and regulations governing the

26 restoration of sentence credits. These rules and regulations
    SB3333 Enrolled  - 23 - LRB104 20218 RLC 33669 b

1 shall provide for the automatic restoration of sentence

2 credits following a period in which the prisoner maintains a

3 record without a disciplinary violation.

4   Nothing contained in this Section shall prohibit the

5 Prisoner Review Board from ordering, pursuant to Section

6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

7 sentence imposed by the court that was not served due to the

8 accumulation of sentence credit.

9   (d) If a lawsuit is filed by a prisoner in an Illinois or

10 federal court against the State, the Department of

11 Corrections, or the Prisoner Review Board, or against any of

12 their officers or employees, and the court makes a specific

13 finding that a pleading, motion, or other paper filed by the

14 prisoner is frivolous, the Department of Corrections shall

15 conduct a hearing to revoke up to 180 days of sentence credit

16 by bringing charges against the prisoner sought to be deprived

17 of the sentence credits before the Prisoner Review Board as

18 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

19 If the prisoner has not accumulated 180 days of sentence

20 credit at the time of the finding, then the Prisoner Review

21 Board may revoke all sentence credit accumulated by the

22 prisoner.

23  For purposes of this subsection (d):

24  (1) "Frivolous" means that a pleading, motion, or

25  other filing which purports to be a legal document filed

26  by a prisoner in his or her lawsuit meets any or all of the
    SB3333 Enrolled      - 24 - LRB104 20218 RLC 33669 b

1   following criteria:

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

3   fact;

4   (B) it is being presented for any improper

5   purpose, such as to harass or to cause unnecessary

6   delay or needless increase in the cost of litigation;

7   (C) the claims, defenses, and other legal

8   contentions therein are not warranted by existing law

9   or by a nonfrivolous argument for the extension,

10  modification, or reversal of existing law or the

11  establishment of new law;

12  (D) the allegations and other factual contentions

13  do not have evidentiary support or, if specifically so

14  identified, are not likely to have evidentiary support

15  after a reasonable opportunity for further

16  investigation or discovery; or

17  (E) the denials of factual contentions are not

18  warranted on the evidence, or if specifically so

19  identified, are not reasonably based on a lack of

20  information or belief.

21  (2) "Lawsuit" means a motion pursuant to Section 116-3

22  of the Code of Criminal Procedure of 1963, a habeas corpus

23  action under Article X of the Code of Civil Procedure or

24  under federal law (28 U.S.C. 2254), a petition for claim

25  under the Court of Claims Act, an action under the federal

26  Civil Rights Act (42 U.S.C. 1983), or a second or
   SB3333 Enrolled  - 25 - LRB104 20218 RLC 33669 b

1  subsequent petition for post-conviction relief under

2  Article 122 of the Code of Criminal Procedure of 1963

3  whether filed with or without leave of court or a second or

4  subsequent petition for relief from judgment under Section

5  2-1401 of the Code of Civil Procedure.

6  (e) Nothing in Public Act 90-592 or 90-593 affects the

7 validity of Public Act 89-404.

8  (f) Whenever the Department is to release any inmate who

9 has been convicted of a violation of an order of protection

10 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

11 the Criminal Code of 2012, earlier than it otherwise would

12 because of a grant of sentence credit, the Department, as a

13 condition of release, shall require that the person, upon

14 release, be placed under electronic surveillance as provided

15 in Section 5-8A-7 of this Code.

16 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

17 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.

18 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,

19 eff. 7-1-24; 103-822, eff. 1-1-25.)
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