SB 3333

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Full Text of SB3333
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	SB3333 - 104th General Assembly
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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,
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)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department of Corrections and the
11Department of Juvenile Justice shall prescribe rules and
12regulations for awarding and revoking sentence credit for
13persons committed to the Department of Juvenile Justice under
14Section 5-8-6 of the Unified Code of Corrections, which shall
15be subject to review by the Prisoner Review Board.
16    (1.5) As otherwise provided by law, sentence credit may be
17awarded 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
4subsection (a), the rules and regulations on sentence credit
5shall provide, with respect to offenses listed in clause (i),
6(ii), or (iii) of this paragraph (2) committed on or after June
719, 1998 or with respect to the offense listed in clause (iv)
8of this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of unlawful possession of a firearm by a repeat felony
13offender committed on or after August 2, 2005 (the effective
14date of Public Act 94-398) or with respect to the offenses
15listed in clause (v) of this paragraph (2) committed on or
16after August 13, 2007 (the effective date of Public Act
1795-134) or with respect to the offense of aggravated domestic
18battery committed on or after July 23, 2010 (the effective
19date of Public Act 96-1224) or with respect to the offense of
20attempt to commit terrorism committed on or after January 1,
212013 (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
12subdivision (a)(2)(i), (ii), or (iii) committed on or after
13June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14June 23, 2005 (the effective date of Public Act 94-71) or
15subdivision (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
18date of Public Act 95-625) or subdivision (a)(2)(vii)
19committed on or after July 23, 2010 (the effective date of
20Public Act 96-1224), and other than the offense of aggravated
21driving under the influence of alcohol, other drug or drugs,
22or intoxicating compound or compounds, or any combination
23thereof as defined in subparagraph (F) of paragraph (1) of
24subsection (d) of Section 11-501 of the Illinois Vehicle Code,
25and other than the offense of aggravated driving under the
26influence of alcohol, other drug or drugs, or intoxicating
		SB3333 Enrolled	- 6 -	LRB104 20218 RLC 33669 b
1compound or compounds, or any combination thereof as defined
2in subparagraph (C) of paragraph (1) of subsection (d) of
3Section 11-501 of the Illinois Vehicle Code committed on or
4after January 1, 2011 (the effective date of Public Act
596-1230), the rules and regulations shall provide that a
6prisoner who is serving a term of imprisonment shall receive
7one day of sentence credit for each day of his or her sentence
8of imprisonment or recommitment under Section 3-3-9. Each day
9of sentence credit shall reduce by one day the prisoner's
10period of imprisonment or recommitment under Section 3-3-9.
11    (2.2) A prisoner serving a term of natural life
12imprisonment shall receive no sentence credit.
13    (2.3) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of
19paragraph (1) of subsection (d) of Section 11-501 of the
20Illinois Vehicle Code, shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (2.4) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide with respect to the offenses of aggravated
26battery with a machine gun or a firearm equipped with any
		SB3333 Enrolled	- 7 -	LRB104 20218 RLC 33669 b
1device or attachment designed or used for silencing the report
2of a firearm or aggravated discharge of a machine gun or a
3firearm equipped with any device or attachment designed or
4used for silencing the report of a firearm, committed on or
5after July 15, 1999 (the effective date of Public Act 91-121),
6that a prisoner serving a sentence for any of these offenses
7shall receive no more than 4.5 days of sentence credit for each
8month of his or her sentence of imprisonment.
9    (2.5) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide that a prisoner who is serving a sentence for
12aggravated arson committed on or after July 27, 2001 (the
13effective date of Public Act 92-176) shall receive no more
14than 4.5 days of sentence credit for each month of his or her
15sentence of imprisonment.
16    (2.6) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds or any
21combination thereof as defined in subparagraph (C) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code committed on or after January 1, 2011
24(the effective date of Public Act 96-1230) shall receive no
25more than 4.5 days of sentence credit for each month of his or
26her sentence of imprisonment.
		SB3333 Enrolled	- 8 -	LRB104 20218 RLC 33669 b
1    (3) In addition to the sentence credits earned under
2paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that the Director of Corrections or the Director of Juvenile
5Justice may award up to 180 days of earned sentence credit for
6prisoners serving a sentence of incarceration of less than 5
7years, and up to 365 days of earned sentence credit for
8prisoners serving a sentence of 5 years or longer. The
9Director may grant this credit for good conduct in specific
10instances as either Director deems proper for eligible persons
11in the custody of each Director's respective Department. The
12good conduct may include, but is not limited to, compliance
13with the rules and regulations of the Department, service to
14the Department, service to a community, or service to the
15State.
16    Eligible inmates for an award of earned sentence credit
17under this paragraph (3) may be selected to receive the credit
18at either Director's or his or her designee's sole discretion.
19Eligibility for the additional earned sentence credit under
20this paragraph (3) may be based on, but is not limited to,
21participation in programming offered by the Department as
22appropriate for the prisoner based on the results of any
23available risk/needs assessment or other relevant assessments
24or evaluations administered by the Department using a
25validated instrument, the circumstances of the crime,
26demonstrated commitment to rehabilitation by a prisoner with a
		SB3333 Enrolled	- 9 -	LRB104 20218 RLC 33669 b
1history of conviction for a forcible felony enumerated in
2Section 2-8 of the Criminal Code of 2012, the inmate's
3behavior and improvements in disciplinary history while
4incarcerated, and the inmate's commitment to rehabilitation,
5including participation in programming offered by the
6Department.
7    The Director of Corrections or the Director of Juvenile
8Justice shall not award sentence credit under this paragraph
9(3) to an inmate unless the inmate has served a minimum of 60
10days of the sentence, including time served in a county jail;
11except nothing in this paragraph shall be construed to permit
12either Director to extend an inmate's sentence beyond that
13which was imposed by the court. Prior to awarding credit under
14this paragraph (3), each Director shall make a written
15determination 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
25Justice shall determine the form and content of the written
26determination required in this subsection.
		SB3333 Enrolled	- 10 -	LRB104 20218 RLC 33669 b
1    (3.5) The Department shall provide annual written reports
2to the Governor and the General Assembly on the award of earned
3sentence credit no later than February 1 of each year. The
4Department must publish both reports on its website within 48
5hours of transmitting the reports to the Governor and the
6General 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
15subsection (a), the rules and regulations shall also provide
16that any prisoner who is engaged full-time in substance abuse
17programs, correctional industry assignments, educational
18programs, work-release programs or activities in accordance
19with Article 13 of Chapter III of this Code, behavior
20modification programs, life skills courses, or re-entry
21planning provided by the Department under this paragraph (4)
22and satisfactorily completes the assigned program as
23determined by the standards of the Department, shall receive
24one day of sentence credit for each day in which that prisoner
25is engaged in the activities described in this paragraph. The
26rules and regulations shall also provide that sentence credit
		SB3333 Enrolled	- 11 -	LRB104 20218 RLC 33669 b
1may be provided to an inmate who was held in pre-trial
2detention prior to his or her current commitment to the
3Department of Corrections and successfully completed a
4[full-time, 60-day or longer] substance abuse program, county 
5jail or detention facility work assignments, educational
6program, behavior modification program, life skills course,
7parenting program, or re-entry planning facilitated [provided]
8by the county department of corrections, [or] county jail, or 
9other provider. Calculation of this county program credit
10shall be done at sentencing as provided in Section 5-4.5-100
11of this Code and shall be included in the sentencing order. The
12rules and regulations shall also provide that sentence credit
13may be provided to an inmate who is in compliance with
14programming requirements in an adult transition center.
15    (B) The Department shall award sentence credit under this
16paragraph (4) accumulated prior to January 1, 2020 (the
17effective date of Public Act 101-440) in an amount specified
18in subparagraph (C) of this paragraph (4) to an inmate serving
19a sentence for an offense committed prior to June 19, 1998, if
20the Department determines that the inmate is entitled to this
21sentence 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
16is entitled to sentence credit under subparagraph (B) in
17excess of 45 days of participation in those programs, the
18inmate shall receive 90 days of sentence credit. If the inmate
19cannot provide documentation of more than 45 days of
20participation in those programs, the inmate shall receive 45
21days of sentence credit. In the event of a disagreement
22between the Department and the inmate as to the amount of
23credit accumulated under subparagraph (B), if the Department
24provides documented proof of a lesser amount of days of
25participation in those programs, that proof shall control. If
26the Department provides no documentary proof, the inmate's
		SB3333 Enrolled	- 13 -	LRB104 20218 RLC 33669 b
1proof as set forth in clause (ii) of subparagraph (B) shall
2control as to the amount of sentence credit provided.
3    (D) If the inmate has been convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act,
5sentencing credits under subparagraph (B) of this paragraph
6(4) shall be awarded by the Department only if the conditions
7set forth in paragraph (4.6) of subsection (a) are satisfied.
8No inmate serving a term of natural life imprisonment shall
9receive sentence credit under subparagraph (B) of this
10paragraph (4).
11    (E) The rules and regulations shall provide for the
12recalculation of program credits awarded pursuant to this
13paragraph (4) prior to July 1, 2021 (the effective date of
14Public Act 101-652) at the rate set for such credits on and
15after July 1, 2021.
16    Educational, vocational, substance abuse, behavior
17modification programs, life skills courses, re-entry planning,
18and correctional industry programs under which sentence credit
19may be earned under this paragraph (4) and paragraph (4.1) of
20this subsection (a) shall be evaluated by the Department on
21the basis of documented standards. The Department shall report
22the results of these evaluations to the Governor and the
23General Assembly by September 30th of each year. The reports
24shall include data relating to the recidivism rate among
25program participants.
26    Availability of these programs shall be subject to the
		SB3333 Enrolled	- 14 -	LRB104 20218 RLC 33669 b
1limits of fiscal resources appropriated by the General
2Assembly for these purposes. Eligible inmates who are denied
3immediate admission shall be placed on a waiting list under
4criteria established by the Department. The rules and
5regulations shall provide that a prisoner who has been placed
6on a waiting list but is transferred for non-disciplinary
7reasons before beginning a program shall receive priority
8placement on the waitlist for appropriate programs at the new
9facility. The inability of any inmate to become engaged in any
10such programs by reason of insufficient program resources or
11for any other reason established under the rules and
12regulations of the Department shall not be deemed a cause of
13action under which the Department or any employee or agent of
14the Department shall be liable for damages to the inmate. The
15rules and regulations shall provide that a prisoner who begins
16an educational, vocational, substance abuse, work-release
17programs or activities in accordance with Article 13 of
18Chapter III of this Code, behavior modification program, life
19skills course, re-entry planning, or correctional industry
20programs but is unable to complete the program due to illness,
21disability, transfer, lockdown, or another reason outside of
22the prisoner's control shall receive prorated sentence credits
23for the days in which the prisoner did participate.
24    (4.1) Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations shall also provide
26that an additional 90 days of sentence credit shall be awarded
		SB3333 Enrolled	- 15 -	LRB104 20218 RLC 33669 b
1to any prisoner who passes high school equivalency testing
2while the prisoner is committed to the Department of
3Corrections. The sentence credit awarded under this paragraph
4(4.1) shall be in addition to, and shall not affect, the award
5of sentence credit under any other paragraph of this Section,
6but shall also be pursuant to the guidelines and restrictions
7set forth in paragraph (4) of subsection (a) of this Section.
8The sentence credit provided for in this paragraph shall be
9available only to those prisoners who have not previously
10earned a high school diploma or a State of Illinois High School
11Diploma. If, after an award of the high school equivalency
12testing sentence credit has been made, the Department
13determines that the prisoner was not eligible, then the award
14shall be revoked. The Department may also award 90 days of
15sentence credit to any committed person who passed high school
16equivalency testing while he or she was held in pre-trial
17detention prior to the current commitment to the Department of
18Corrections. Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations shall provide that
20an additional 120 days of sentence credit shall be awarded to
21any prisoner who obtains an associate degree while the
22prisoner is committed to the Department of Corrections,
23regardless of the date that the associate degree was obtained,
24including if prior to July 1, 2021 (the effective date of
25Public Act 101-652). The sentence credit awarded under this
26paragraph (4.1) shall be in addition to, and shall not affect,
		SB3333 Enrolled	- 16 -	LRB104 20218 RLC 33669 b
1the award of sentence credit under any other paragraph of this
2Section, but shall also be under the guidelines and
3restrictions set forth in paragraph (4) of subsection (a) of
4this Section. The sentence credit provided for in this
5paragraph (4.1) shall be available only to those prisoners who
6have not previously earned an associate degree prior to the
7current commitment to the Department of Corrections. If, after
8an award of the associate degree sentence credit has been made
9and the Department determines that the prisoner was not
10eligible, then the award shall be revoked. The Department may
11also award 120 days of sentence credit to any committed person
12who earned an associate degree while he or she was held in
13pre-trial detention prior to the current commitment to the
14Department of Corrections.
15    Except as provided in paragraph (4.7) of this subsection
16(a), the rules and regulations shall provide that an
17additional 180 days of sentence credit shall be awarded to any
18prisoner who obtains a bachelor's degree while the prisoner is
19committed to the Department of Corrections. The sentence
20credit awarded under this paragraph (4.1) shall be in addition
21to, and shall not affect, the award of sentence credit under
22any other paragraph of this Section, but shall also be under
23the guidelines and restrictions set forth in paragraph (4) of
24this subsection (a). The sentence credit provided for in this
25paragraph shall be available only to those prisoners who have
26not earned a bachelor's degree prior to the current commitment
		SB3333 Enrolled	- 17 -	LRB104 20218 RLC 33669 b
1to the Department of Corrections. If, after an award of the
2bachelor's degree sentence credit has been made, the
3Department determines that the prisoner was not eligible, then
4the award shall be revoked. The Department may also award 180
5days of sentence credit to any committed person who earned a
6bachelor's degree while he or she was held in pre-trial
7detention prior to the current commitment to the Department of
8Corrections.
9    Except as provided in paragraph (4.7) of this subsection
10(a), the rules and regulations shall provide that an
11additional 180 days of sentence credit shall be awarded to any
12prisoner who obtains a master's or professional degree while
13the prisoner is committed to the Department of Corrections.
14The sentence credit awarded under this paragraph (4.1) shall
15be in addition to, and shall not affect, the award of sentence
16credit under any other paragraph of this Section, but shall
17also be under the guidelines and restrictions set forth in
18paragraph (4) of this subsection (a). The sentence credit
19provided for in this paragraph shall be available only to
20those prisoners who have not previously earned a master's or
21professional degree prior to the current commitment to the
22Department of Corrections. If, after an award of the master's
23or professional degree sentence credit has been made, the
24Department determines that the prisoner was not eligible, then
25the award shall be revoked. The Department may also award 180
26days of sentence credit to any committed person who earned a
		SB3333 Enrolled	- 18 -	LRB104 20218 RLC 33669 b
1master's or professional degree while he or she was held in
2pre-trial detention prior to the current commitment to the
3Department of Corrections.
4    (4.2)(A) The rules and regulations shall also provide that
5any prisoner or inmate who was held in pretrial detention 
6prior to his or her confinement to the Department of 
7Corrections, engaged in self-improvement programs, volunteer
8work, or work assignments that are not otherwise eligible
9activities under paragraph (4), shall receive up to 0.5 days
10of sentence credit for each day in which the prisoner or inmate
11is engaged in activities described in this paragraph.
12    (B) The rules and regulations shall provide for the award
13of sentence credit under this paragraph (4.2) for qualifying
14days of engagement in eligible activities occurring prior to
15July 1, 2021 (the effective date of Public Act 101-652).
16    (4.5) The rules and regulations on sentence credit shall
17also provide that when the court's sentencing order recommends
18a prisoner for substance abuse treatment and the crime was
19committed on or after September 1, 2003 (the effective date of
20Public Act 93-354), the prisoner shall receive no sentence
21credit awarded under clause (3) of this subsection (a) unless
22he or she participates in and completes a substance abuse
23treatment program. The Director of Corrections may waive the
24requirement to participate in or complete a substance abuse
25treatment program in specific instances if the prisoner is not
26a good candidate for a substance abuse treatment program for
		SB3333 Enrolled	- 19 -	LRB104 20218 RLC 33669 b
1medical, programming, or operational reasons. Availability of
2substance abuse treatment shall be subject to the limits of
3fiscal resources appropriated by the General Assembly for
4these purposes. If treatment is not available and the
5requirement to participate and complete the treatment has not
6been waived by the Director, the prisoner shall be placed on a
7waiting list under criteria established by the Department. The
8Director may allow a prisoner placed on a waiting list to
9participate in and complete a substance abuse education class
10or attend substance abuse self-help meetings in lieu of a
11substance abuse treatment program. A prisoner on a waiting
12list who is not placed in a substance abuse program prior to
13release may be eligible for a waiver and receive sentence
14credit under clause (3) of this subsection (a) at the
15discretion of the Director.
16    (4.6) The rules and regulations on sentence credit shall
17also provide that a prisoner who has been convicted of a sex
18offense as defined in Section 2 of the Sex Offender
19Registration Act shall receive no sentence credit unless he or
20she either has successfully completed or is participating in
21sex offender treatment as defined by the Sex Offender
22Management Board. However, prisoners who are waiting to
23receive treatment, but who are unable to do so due solely to
24the lack of resources on the part of the Department, may, at
25either Director's sole discretion, be awarded sentence credit
26at a rate as the Director shall determine.
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1    (4.7) On or after January 1, 2018 (the effective date of
2Public Act 100-3), sentence credit under paragraph (3), (4),
3or (4.1) of this subsection (a) may be awarded to a prisoner
4who is serving a sentence for an offense described in
5paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
6on or after January 1, 2018 (the effective date of Public Act
7100-3); provided, the award of the credits under this
8paragraph (4.7) shall not reduce the sentence of the prisoner
9to 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
19earlier than it otherwise would because of a grant of earned
20sentence credit under paragraph (3) of subsection (a) of this
21Section given at any time during the term, the Department
22shall give reasonable notice of the impending release not less
23than 14 days prior to the date of the release to the State's
24Attorney of the county where the prosecution of the inmate
25took place, and if applicable, the State's Attorney of the
26county into which the inmate will be released. The Department
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1must also make identification information and a recent photo
2of the inmate being released accessible on the Internet by
3means of a hyperlink labeled "Community Notification of Inmate
4Early Release" on the Department's World Wide Web homepage.
5The identification information shall include the inmate's:
6name, any known alias, date of birth, physical
7characteristics, commitment offense, and county where
8conviction was imposed. The identification information shall
9be placed on the website within 3 days of the inmate's release
10and the information may not be removed until either:
11completion of the first year of mandatory supervised release
12or return of the inmate to custody of the Department.
13    (b) Whenever a person is or has been committed under
14several convictions, with separate sentences, the sentences
15shall be construed under Section 5-8-4 in granting and
16forfeiting of sentence credit.
17    (c) (1) The Department shall prescribe rules and
18regulations for revoking sentence credit, including revoking
19sentence credit awarded under paragraph (3) of subsection (a)
20of this Section. The Department shall prescribe rules and
21regulations establishing and requiring the use of a sanctions
22matrix for revoking sentence credit. The Department shall
23prescribe rules and regulations for suspending or reducing the
24rate of accumulation of sentence credit for specific rule
25violations, during imprisonment. These rules and regulations
26shall provide that no inmate may be penalized more than one
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1year of sentence credit for any one infraction.
2    (2) When the Department seeks to revoke, suspend, or
3reduce the rate of accumulation of any sentence credits for an
4alleged infraction of its rules, it shall bring charges
5therefor against the prisoner sought to be so deprived of
6sentence credits before the Prisoner Review Board as provided
7in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8amount of credit at issue exceeds 30 days, whether from one
9infraction or cumulatively from multiple infractions arising
10out of a single event, or when, during any 12-month period, the
11cumulative amount of credit revoked exceeds 30 days except
12where the infraction is committed or discovered within 60 days
13of scheduled release. In those cases, the Department of
14Corrections may revoke up to 30 days of sentence credit. The
15Board may subsequently approve the revocation of additional
16sentence credit, if the Department seeks to revoke sentence
17credit in excess of 30 days. However, the Board shall not be
18empowered to review the Department's decision with respect to
19the loss of 30 days of sentence credit within any calendar year
20for any prisoner or to increase any penalty beyond the length
21requested by the Department.
22    (3) The Director of Corrections or the Director of
23Juvenile Justice, in appropriate cases, may restore sentence
24credits which have been revoked, suspended, or reduced. The
25Department shall prescribe rules and regulations governing the
26restoration of sentence credits. These rules and regulations
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1shall provide for the automatic restoration of sentence
2credits following a period in which the prisoner maintains a
3record without a disciplinary violation.
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
11Corrections, or the Prisoner Review Board, or against any of
12their officers or employees, and the court makes a specific
13finding that a pleading, motion, or other paper filed by the
14prisoner is frivolous, the Department of Corrections shall
15conduct a hearing to revoke up to 180 days of sentence credit
16by bringing charges against the prisoner sought to be deprived
17of the sentence credits before the Prisoner Review Board as
18provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
19If the prisoner has not accumulated 180 days of sentence
20credit at the time of the finding, then the Prisoner Review
21Board may revoke all sentence credit accumulated by the
22prisoner.
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
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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
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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
7validity of Public Act 89-404.
8    (f) Whenever the Department is to release any inmate who
9has been convicted of a violation of an order of protection
10under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11the Criminal Code of 2012, earlier than it otherwise would
12because of a grant of sentence credit, the Department, as a
13condition of release, shall require that the person, upon
14release, be placed under electronic surveillance as provided
15in Section 5-8A-7 of this Code.
16(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
17102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
181-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
19eff. 7-1-24; 103-822, eff. 1-1-25.)