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| Public Act 099-0275
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| HB2722 Enrolled | LRB099 04143 RLC 24163 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 3-6-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and Regulations for Sentence Credit.
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(a) (1) The Department of Corrections shall prescribe |
rules
and regulations for awarding and revoking sentence |
credit for persons committed to the Department which shall
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be subject to review by the Prisoner Review Board.
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(1.5) As otherwise provided by law, sentence credit may |
be awarded for the following: |
(A) successful completion of programming while in |
custody of the Department or while in custody prior to |
sentencing; |
(B) compliance with the rules and regulations of |
the Department; or |
(C) service to the institution, service to a |
community, or service to the State. |
(2) The rules and regulations on sentence credit shall |
provide, with
respect to offenses listed in clause (i), |
(ii), or (iii) of this paragraph (2) committed on or after |
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June 19, 1998 or with respect to the offense listed in |
clause (iv) of this paragraph (2) committed on or after |
June 23, 2005 (the effective date of Public Act 94-71) or |
with
respect to offense listed in clause (vi)
committed on |
or after June 1, 2008 (the effective date of Public Act |
95-625)
or with respect to the offense of being an armed |
habitual criminal committed on or after August 2, 2005 (the |
effective date of Public Act 94-398) or with respect to the |
offenses listed in clause (v) of this paragraph (2) |
committed on or after August 13, 2007 (the effective date |
of Public Act 95-134) or with respect to the offense of |
aggravated domestic battery committed on or after July 23, |
2010 (the effective date of Public Act 96-1224) or with |
respect to the offense of attempt to commit terrorism |
committed on or after January 1, 2013 (the effective date |
of Public Act 97-990), the following:
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(i) that a prisoner who is serving a term of |
imprisonment for first
degree murder or for the offense |
of terrorism shall receive no sentence
credit and shall |
serve the entire
sentence imposed by the court;
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(ii) that a prisoner serving a sentence for attempt |
to commit terrorism, attempt to commit first
degree |
murder, solicitation of murder, solicitation of murder |
for hire,
intentional homicide of an unborn child, |
predatory criminal sexual assault of a
child, |
aggravated criminal sexual assault, criminal sexual |
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assault, aggravated
kidnapping, aggravated battery |
with a firearm as described in Section 12-4.2 or |
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
Section 12-3.05, heinous battery as described in |
Section 12-4.1 or subdivision (a)(2) of Section |
12-3.05, being an armed habitual criminal, aggravated
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battery of a senior citizen as described in Section |
12-4.6 or subdivision (a)(4) of Section 12-3.05, or |
aggravated battery of a child as described in Section |
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall |
receive no
more than 4.5 days of sentence credit for |
each month of his or her sentence
of imprisonment;
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(iii) that a prisoner serving a sentence
for home |
invasion, armed robbery, aggravated vehicular |
hijacking,
aggravated discharge of a firearm, or armed |
violence with a category I weapon
or category II |
weapon, when the court
has made and entered a finding, |
pursuant to subsection (c-1) of Section 5-4-1
of this |
Code, that the conduct leading to conviction for the |
enumerated offense
resulted in great bodily harm to a |
victim, shall receive no more than 4.5 days
of sentence |
credit for each month of his or her sentence of |
imprisonment;
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(iv) that a prisoner serving a sentence for |
aggravated discharge of a firearm, whether or not the |
conduct leading to conviction for the offense resulted |
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in great bodily harm to the victim, shall receive no |
more than 4.5 days of sentence credit for each month of |
his or her sentence of imprisonment;
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(v) that a person serving a sentence for |
gunrunning, narcotics racketeering, controlled |
substance trafficking, methamphetamine trafficking, |
drug-induced homicide, aggravated |
methamphetamine-related child endangerment, money |
laundering pursuant to clause (c) (4) or (5) of Section |
29B-1 of the Criminal Code of 1961 or the Criminal Code |
of 2012, or a Class X felony conviction for delivery of |
a controlled substance, possession of a controlled |
substance with intent to manufacture or deliver, |
calculated criminal drug conspiracy, criminal drug |
conspiracy, street gang criminal drug conspiracy, |
participation in methamphetamine manufacturing, |
aggravated participation in methamphetamine |
manufacturing, delivery of methamphetamine, possession |
with intent to deliver methamphetamine, aggravated |
delivery of methamphetamine, aggravated possession |
with intent to deliver methamphetamine, |
methamphetamine conspiracy when the substance |
containing the controlled substance or methamphetamine |
is 100 grams or more shall receive no more than 7.5 |
days sentence credit for each month of his or her |
sentence of imprisonment;
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(vi)
that a prisoner serving a sentence for a |
second or subsequent offense of luring a minor shall |
receive no more than 4.5 days of sentence credit for |
each month of his or her sentence of imprisonment; and
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(vii) that a prisoner serving a sentence for |
aggravated domestic battery shall receive no more than |
4.5 days of sentence credit for each month of his or |
her sentence of imprisonment. |
(2.1) For all offenses, other than those enumerated in |
subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
June 19, 1998 or subdivision (a)(2)(iv) committed on or |
after June 23, 2005 (the effective date of Public Act |
94-71) or subdivision (a)(2)(v) committed on or after |
August 13, 2007 (the effective date of Public Act 95-134)
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or subdivision (a)(2)(vi) committed on or after June 1, |
2008 (the effective date of Public Act 95-625) or |
subdivision (a)(2)(vii) committed on or after July 23, 2010 |
(the effective date of Public Act 96-1224), and other than |
the offense of aggravated driving under the influence of |
alcohol, other drug or drugs, or
intoxicating compound or |
compounds, or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of the
Illinois Vehicle Code, and other than |
the offense of aggravated driving under the influence of |
alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof as defined in |
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subparagraph (C) of paragraph (1) of subsection (d) of
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Section 11-501 of the Illinois Vehicle Code committed on or |
after January 1, 2011 (the effective date of Public Act |
96-1230),
the rules and regulations shall
provide that a |
prisoner who is serving a term of
imprisonment shall |
receive one day of sentence credit for each day of
his or |
her sentence of imprisonment or recommitment under Section |
3-3-9.
Each day of sentence credit shall reduce by one day |
the prisoner's period
of imprisonment or recommitment |
under Section 3-3-9.
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(2.2) A prisoner serving a term of natural life |
imprisonment or a
prisoner who has been sentenced to death |
shall receive no sentence
credit.
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(2.3) The rules and regulations on sentence credit |
shall provide that
a prisoner who is serving a sentence for |
aggravated driving under the influence of alcohol,
other |
drug or drugs, or intoxicating compound or compounds, or |
any combination
thereof as defined in subparagraph (F) of |
paragraph (1) of subsection (d) of
Section 11-501 of the |
Illinois Vehicle Code, shall receive no more than 4.5
days |
of sentence credit for each month of his or her sentence of
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imprisonment.
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(2.4) The rules and regulations on sentence credit |
shall provide with
respect to the offenses of aggravated |
battery with a machine gun or a firearm
equipped with any |
device or attachment designed or used for silencing the
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report of a firearm or aggravated discharge of a machine |
gun or a firearm
equipped with any device or attachment |
designed or used for silencing the
report of a firearm, |
committed on or after
July 15, 1999 (the effective date of |
Public Act 91-121),
that a prisoner serving a sentence for |
any of these offenses shall receive no
more than 4.5 days |
of sentence credit for each month of his or her sentence
of |
imprisonment.
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(2.5) The rules and regulations on sentence credit |
shall provide that a
prisoner who is serving a sentence for |
aggravated arson committed on or after
July 27, 2001 (the |
effective date of Public Act 92-176) shall receive no more |
than
4.5 days of sentence credit for each month of his or |
her sentence of
imprisonment.
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(2.6) The rules and regulations on sentence credit |
shall provide that a
prisoner who is serving a sentence for |
aggravated driving under the influence of alcohol,
other |
drug or drugs, or intoxicating compound or compounds or any |
combination
thereof as defined in subparagraph (C) of |
paragraph (1) of subsection (d) of
Section 11-501 of the |
Illinois Vehicle Code committed on or after January 1, 2011 |
(the effective date of Public Act 96-1230) shall receive no |
more than 4.5
days of sentence credit for each month of his |
or her sentence of
imprisonment. |
(3) The rules and regulations shall also provide that
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the Director may award up to 180 days additional sentence
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credit for good conduct in specific instances as the
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Director deems proper. The good conduct may include, but is |
not limited to, compliance with the rules and regulations |
of the Department, service to the Department, service to a |
community, or service to the State. However, the Director |
shall not award more than 90 days
of sentence credit for |
good conduct to any prisoner who is serving a sentence for
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conviction of first degree murder, reckless homicide while |
under the
influence of alcohol or any other drug,
or |
aggravated driving under the influence of alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or |
any combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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predatory criminal sexual assault of a child,
aggravated |
criminal sexual assault, criminal sexual assault, deviate |
sexual
assault, aggravated criminal sexual abuse, |
aggravated indecent liberties
with a child, indecent |
liberties with a child, child pornography, heinous
battery |
as described in Section 12-4.1 or subdivision (a)(2) of |
Section 12-3.05, aggravated battery of a spouse, |
aggravated battery of a spouse
with a firearm, stalking, |
aggravated stalking, aggravated battery of a child as |
described in Section 12-4.3 or subdivision (b)(1) of |
Section 12-3.05,
endangering the life or health of a child, |
or cruelty to a child. Notwithstanding the foregoing, |
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sentence credit for
good conduct shall not be awarded on a
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sentence of imprisonment imposed for conviction of: (i) one |
of the offenses
enumerated in subdivision (a)(2)(i), (ii), |
or (iii) when the offense is committed on or after
June 19, |
1998 or subdivision (a)(2)(iv) when the offense is |
committed on or after June 23, 2005 (the effective date of |
Public Act 94-71) or subdivision (a)(2)(v) when the offense |
is committed on or after August 13, 2007 (the effective |
date of Public Act 95-134)
or subdivision (a)(2)(vi) when |
the offense is committed on or after June 1, 2008 (the |
effective date of Public Act 95-625) or subdivision |
(a)(2)(vii) when the offense is committed on or after July |
23, 2010 (the effective date of Public Act 96-1224), (ii) |
aggravated driving under the influence of alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or |
any combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, (iii) one of the offenses enumerated |
in subdivision
(a)(2.4) when the offense is committed on or |
after
July 15, 1999 (the effective date of Public Act |
91-121),
(iv) aggravated arson when the offense is |
committed
on or after July 27, 2001 (the effective date of |
Public Act 92-176), (v) offenses that may subject the |
offender to commitment under the Sexually Violent Persons |
Commitment Act, or (vi) aggravated driving under the |
influence of alcohol,
other drug or drugs, or intoxicating |
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compound or compounds or any combination
thereof as defined |
in subparagraph (C) of paragraph (1) of subsection (d) of
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Section 11-501 of the Illinois Vehicle Code committed on or |
after January 1, 2011 (the effective date of Public Act |
96-1230).
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Eligible inmates for an award of sentence credit under
this |
paragraph (3) may be selected to receive the credit at
the |
Director's or his or her designee's sole discretion.
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Consideration may be based on, but not limited to, any
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available risk assessment analysis on the inmate, any history |
of conviction for violent crimes as defined by the Rights of |
Crime Victims and Witnesses Act, facts and circumstances of the |
inmate's holding offense or offenses, and the potential for |
rehabilitation. |
The Director shall not award sentence credit under this |
paragraph (3) to an inmate unless the inmate has served a |
minimum of 60 days of the sentence; except nothing in this |
paragraph shall be construed to permit the Director to extend |
an inmate's sentence beyond that which was imposed by the |
court. Prior to awarding credit under this paragraph (3), the |
Director shall make a written determination that the inmate: |
(A) is eligible for the sentence credit; |
(B) has served a minimum of 60 days, or as close to |
60 days as the sentence will allow; and |
(C) has met the eligibility criteria established |
by rule. |
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The Director shall determine the form and content of |
the written determination required in this subsection. |
(3.5) The Department shall provide annual written |
reports to the Governor and the General Assembly on the |
award of sentence credit for good conduct, with the first |
report due January 1, 2014. The Department must publish |
both reports on its website within 48 hours of transmitting |
the reports to the Governor and the General Assembly. The |
reports must include: |
(A) the number of inmates awarded sentence credit |
for good conduct; |
(B) the average amount of sentence credit for good |
conduct awarded; |
(C) the holding offenses of inmates awarded |
sentence credit for good conduct; and |
(D) the number of sentence credit for good conduct |
revocations. |
(4) The rules and regulations shall also provide that |
the sentence
credit accumulated and retained under |
paragraph (2.1) of subsection (a) of
this Section by any |
inmate during specific periods of time in which such
inmate |
is engaged full-time in substance abuse programs, |
correctional
industry assignments, educational programs, |
behavior modification programs, life skills courses, or |
re-entry planning provided by the Department
under this |
paragraph (4) and satisfactorily completes the assigned |
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program as
determined by the standards of the Department, |
shall be multiplied by a factor
of 1.25 for program |
participation before August 11, 1993
and 1.50 for program |
participation on or after that date.
The rules and |
regulations shall also provide that sentence credit, |
subject to the same offense limits and multiplier provided |
in this paragraph, may be provided to an inmate who was |
held in pre-trial detention prior to his or her current |
commitment to the Department of Corrections and |
successfully completed a full-time, 60-day or longer |
substance abuse program, educational program, behavior |
modification program, life skills course, or re-entry |
planning provided by the county department of corrections |
or county jail. Calculation of this county program credit |
shall be done at sentencing as provided in Section |
5-4.5-100 of this Code and shall be included in the |
sentencing order. However, no inmate shall be eligible for |
the additional sentence credit
under this paragraph (4) or |
(4.1) of this subsection (a) while assigned to a boot camp
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or electronic detention, or if convicted of an offense |
enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this |
Section that is committed on or after June 19,
1998 or |
subdivision (a)(2)(iv) of this Section that is committed on |
or after June 23, 2005 (the effective date of Public Act |
94-71) or subdivision (a)(2)(v) of this Section that is |
committed on or after August 13, 2007 (the effective date |
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of Public Act 95-134)
or subdivision (a)(2)(vi) when the |
offense is committed on or after June 1, 2008 (the |
effective date of Public Act 95-625) or subdivision |
(a)(2)(vii) when the offense is committed on or after July |
23, 2010 (the effective date of Public Act 96-1224), or if |
convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or
intoxicating compound or |
compounds or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of the
Illinois Vehicle Code, or if |
convicted of aggravated driving under the influence of |
alcohol,
other drug or drugs, or intoxicating compound or |
compounds or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
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Section 11-501 of the Illinois Vehicle Code committed on or |
after January 1, 2011 (the effective date of Public Act |
96-1230), or if convicted of an offense enumerated in |
paragraph
(a)(2.4) of this Section that is committed on or |
after
July 15, 1999 (the effective date of Public Act |
91-121),
or first degree murder, a Class X felony, criminal |
sexual
assault, felony criminal sexual abuse, aggravated |
criminal sexual abuse,
aggravated battery with a firearm as |
described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or |
successor offenses
with the same or substantially the same |
elements, or any inchoate offenses
relating to the |
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foregoing offenses. No inmate shall be eligible for the
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additional good conduct credit under this paragraph (4) who |
(i) has previously
received increased good conduct credit |
under this paragraph (4) and has
subsequently been |
convicted of a
felony, or (ii) has previously served more |
than one prior sentence of
imprisonment for a felony in an |
adult correctional facility.
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Educational, vocational, substance abuse, behavior |
modification programs, life skills courses, re-entry |
planning, and correctional
industry programs under which |
sentence credit may be increased under
this paragraph (4) |
and paragraph (4.1) of this subsection (a) shall be |
evaluated by the Department on the basis of
documented |
standards. The Department shall report the results of these
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evaluations to the Governor and the General Assembly by |
September 30th of each
year. The reports shall include data |
relating to the recidivism rate among
program |
participants.
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Availability of these programs shall be subject to the
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limits of fiscal resources appropriated by the General |
Assembly for these
purposes. Eligible inmates who are |
denied immediate admission shall be
placed on a waiting |
list under criteria established by the Department.
The |
inability of any inmate to become engaged in any such |
programs
by reason of insufficient program resources or for |
any other reason
established under the rules and |
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regulations of the Department shall not be
deemed a cause |
of action under which the Department or any employee or
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agent of the Department shall be liable for damages to the |
inmate.
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(4.1) The rules and regulations shall also provide that |
an additional 60 days of sentence credit shall be awarded |
to any prisoner who passes high school equivalency testing |
while the prisoner is committed to the Department of |
Corrections. The sentence credit awarded under this |
paragraph (4.1) shall be in addition to, and shall not |
affect, the award of sentence credit under any other |
paragraph of this Section, but shall also be pursuant to |
the guidelines and restrictions set forth in paragraph (4) |
of subsection (a) of this Section.
The sentence credit |
provided for in this paragraph shall be available only to |
those prisoners who have not previously earned a high |
school diploma or a high school equivalency certificate. |
If, after an award of the high school equivalency testing |
sentence credit has been made, the Department determines |
that the prisoner was not eligible, then the award shall be |
revoked.
The Department may also award 60 days of sentence |
credit to any committed person who passed high school |
equivalency testing while he or she was held in pre-trial |
detention prior to the current commitment to the Department |
of Corrections. |
(4.5) The rules and regulations on sentence credit |
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shall also provide that
when the court's sentencing order |
recommends a prisoner for substance abuse treatment and the
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crime was committed on or after September 1, 2003 (the |
effective date of
Public Act 93-354), the prisoner shall |
receive no sentence credit awarded under clause (3) of this |
subsection (a) unless he or she participates in and
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completes a substance abuse treatment program. The |
Director may waive the requirement to participate in or |
complete a substance abuse treatment program and award the |
sentence credit in specific instances if the prisoner is |
not a good candidate for a substance abuse treatment |
program for medical, programming, or operational reasons. |
Availability of
substance abuse treatment shall be subject |
to the limits of fiscal resources
appropriated by the |
General Assembly for these purposes. If treatment is not
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available and the requirement to participate and complete |
the treatment has not been waived by the Director, the |
prisoner shall be placed on a waiting list under criteria
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established by the Department. The Director may allow a |
prisoner placed on
a waiting list to participate in and |
complete a substance abuse education class or attend |
substance
abuse self-help meetings in lieu of a substance |
abuse treatment program. A prisoner on a waiting list who |
is not placed in a substance abuse program prior to release |
may be eligible for a waiver and receive sentence credit |
under clause (3) of this subsection (a) at the discretion |
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of the Director.
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(4.6) The rules and regulations on sentence credit |
shall also provide that a prisoner who has been convicted |
of a sex offense as defined in Section 2 of the Sex |
Offender Registration Act shall receive no sentence credit |
unless he or she either has successfully completed or is |
participating in sex offender treatment as defined by the |
Sex Offender Management Board. However, prisoners who are |
waiting to receive treatment, but who are unable to do so |
due solely to the lack of resources on the part of the |
Department, may, at the Director's sole discretion, be |
awarded sentence credit at a rate as the Director shall |
determine. |
(5) Whenever the Department is to release any inmate |
earlier than it
otherwise would because of a grant of |
sentence credit for good conduct under paragraph (3) of |
subsection (a) of this Section given at any time during the |
term, the Department shall give
reasonable notice of the |
impending release not less than 14 days prior to the date |
of the release to the State's
Attorney of the county where |
the prosecution of the inmate took place, and if |
applicable, the State's Attorney of the county into which |
the inmate will be released. The Department must also make |
identification information and a recent photo of the inmate |
being released accessible on the Internet by means of a |
hyperlink labeled "Community Notification of Inmate Early |
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Release" on the Department's World Wide Web homepage.
The |
identification information shall include the inmate's: |
name, any known alias, date of birth, physical |
characteristics, residence address, commitment offense and |
county where conviction was imposed. The identification |
information shall be placed on the website within 3 days of |
the inmate's release and the information may not be removed |
until either: completion of the first year of mandatory |
supervised release or return of the inmate to custody of |
the Department.
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(b) Whenever a person is or has been committed under
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several convictions, with separate sentences, the sentences
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shall be construed under Section 5-8-4 in granting and
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forfeiting of sentence credit.
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(c) The Department shall prescribe rules and regulations
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for revoking sentence credit, including revoking sentence |
credit awarded for good conduct under paragraph (3) of |
subsection (a) of this Section. The Department shall prescribe |
rules and regulations for suspending or reducing
the rate of |
accumulation of sentence credit for specific
rule violations, |
during imprisonment. These rules and regulations
shall provide |
that no inmate may be penalized more than one
year of sentence |
credit for any one infraction.
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When the Department seeks to revoke, suspend or reduce
the |
rate of accumulation of any sentence credits for
an alleged |
infraction of its rules, it shall bring charges
therefor |
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against the prisoner sought to be so deprived of
sentence |
credits before the Prisoner Review Board as
provided in |
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
amount of credit at issue exceeds 30 days or
when during any 12 |
month period, the cumulative amount of
credit revoked exceeds |
30 days except where the infraction is committed
or discovered |
within 60 days of scheduled release. In those cases,
the |
Department of Corrections may revoke up to 30 days of sentence |
credit.
The Board may subsequently approve the revocation of |
additional sentence credit, if the Department seeks to revoke |
sentence credit in
excess of 30 days. However, the Board shall |
not be empowered to review the
Department's decision with |
respect to the loss of 30 days of sentence
credit within any |
calendar year for any prisoner or to increase any penalty
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beyond the length requested by the Department.
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The Director of the Department of Corrections, in |
appropriate cases, may
restore up to 30 days of sentence |
credits which have been revoked, suspended
or reduced. Any |
restoration of sentence credits in excess of 30 days shall
be |
subject to review by the Prisoner Review Board. However, the |
Board may not
restore sentence credit in excess of the amount |
requested by the Director.
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Nothing contained in this Section shall prohibit the |
Prisoner Review Board
from ordering, pursuant to Section |
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
sentence imposed by the court that was not served due to the
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accumulation of sentence credit.
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(d) If a lawsuit is filed by a prisoner in an Illinois or |
federal court
against the State, the Department of Corrections, |
or the Prisoner Review Board,
or against any of
their officers |
or employees, and the court makes a specific finding that a
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pleading, motion, or other paper filed by the prisoner is |
frivolous, the
Department of Corrections shall conduct a |
hearing to revoke up to
180 days of sentence credit by bringing |
charges against the prisoner
sought to be deprived of the |
sentence credits before the Prisoner Review
Board as provided |
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
prisoner has not accumulated 180 days of sentence credit at the
|
time of the finding, then the Prisoner Review Board may revoke |
all
sentence credit accumulated by the prisoner.
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For purposes of this subsection (d):
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(1) "Frivolous" means that a pleading, motion, or other |
filing which
purports to be a legal document filed by a |
prisoner in his or her lawsuit meets
any or all of the |
following criteria:
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(A) it lacks an arguable basis either in law or in |
fact;
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(B) it is being presented for any improper purpose, |
such as to harass or
to cause unnecessary delay or |
needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal |
contentions therein are not
warranted by existing law |
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or by a nonfrivolous argument for the extension,
|
modification, or reversal of existing law or the |
establishment of new law;
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(D) the allegations and other factual contentions |
do not have
evidentiary
support or, if specifically so |
identified, are not likely to have evidentiary
support |
after a reasonable opportunity for further |
investigation or discovery;
or
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(E) the denials of factual contentions are not |
warranted on the
evidence, or if specifically so |
identified, are not reasonably based on a lack
of |
information or belief.
|
(2) "Lawsuit" means a motion pursuant to Section
116-3 |
of the Code of Criminal Procedure of 1963, a habeas corpus |
action under
Article X of the Code of Civil Procedure or |
under federal law (28 U.S.C. 2254),
a petition for claim |
under the Court of Claims Act, an action under the
federal |
Civil Rights Act (42 U.S.C. 1983), or a second or |
subsequent petition for post-conviction relief under |
Article 122 of the Code of Criminal Procedure of 1963 |
whether filed with or without leave of court or a second or |
subsequent petition for relief from judgment under Section |
2-1401 of the Code of Civil Procedure.
|
(e) Nothing in Public Act 90-592 or 90-593 affects the |
validity of Public Act 89-404.
|
(f) Whenever the Department is to release any inmate who |
|
has been convicted of a violation of an order of protection |
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
the Criminal Code of 2012, earlier than it
otherwise would |
because of a grant of sentence credit, the Department, as a |
condition of release, shall require that the person, upon |
release, be placed under electronic surveillance as provided in |
Section 5-8A-7 of this Code. |
(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; |
97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. |
1-1-15.)
|
