Bill Text: IL HB4746 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the early release of prisoners from a facility of the Department of Corrections on account of good conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-11 - Referred to Rules Committee [HB4746 Detail]

Download: Illinois-2009-HB4746-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4746 Introduced 1/11/2010, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the early release of prisoners from a facility of the Department of Corrections on account of good conduct.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for the early release release on
account of good conduct of persons committed to the
Department which shall be subject to review by the Prisoner
Review Board.
(2) The rules and regulations on early release shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the

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offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no good conduct credit and
shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit first degree murder, solicitation of murder,
solicitation of murder for hire, intentional homicide
of an unborn child, predatory criminal sexual assault
of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated kidnapping,
aggravated battery with a firearm, heinous battery,
being an armed habitual criminal, aggravated battery
of a senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the

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enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961, or 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

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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 good conduct credit for each
month of his or her sentence of imprisonment; and
(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 good conduct credit
for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625), and other
than the offense of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of 1961
committed on or after January 1, 1999, 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
Illinois Vehicle Code, the rules and regulations shall

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provide that a prisoner who is serving a term of
imprisonment shall receive one day of good conduct credit
for each day of his or her sentence of imprisonment or
recommitment under Section 3-3-9. Each day of good conduct
credit shall reduce by one day the prisoner's period of
imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no good conduct credit.
(2.3) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 committed on or after
January 1, 1999, 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 Illinois Vehicle Code, shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.4) The rules and regulations on early release shall
provide with respect to the offenses of aggravated battery
with a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or

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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 good
conduct credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on early release 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 good conduct credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional good
conduct credit for meritorious service in specific
instances as the Director deems proper; except that no more
than 90 days of good conduct credit for meritorious service
shall be awarded to any prisoner who is serving a sentence
for 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
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated

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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, aggravated battery of a spouse, aggravated
battery of a spouse with a firearm, stalking, aggravated
stalking, aggravated battery of a child, endangering the
life or health of a child, or cruelty to a child.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a 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), (ii) reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 when the offense is committed on or
after January 1, 1999, 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

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(d) of Section 11-501 of the 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), or (iv) aggravated
arson when the offense is committed on or after July 27,
2001 (the effective date of Public Act 92-176).
(4) The rules and regulations shall also provide that
the good conduct 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, or educational programs
provided by the Department under this paragraph (4) and
satisfactorily completes the assigned 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. However, no inmate shall be eligible
for the additional good conduct credit under this paragraph
(4) or (4.1) of this subsection (a) while assigned to a
boot camp 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

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that 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 if
convicted of reckless homicide as defined in subsection (e)
of Section 9-3 of the Criminal Code of 1961 if the offense
is committed on or after January 1, 1999, 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
Illinois Vehicle Code, 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, or any predecessor or successor
offenses with the same or substantially the same elements,
or any inchoate offenses relating to the foregoing
offenses. No inmate shall be eligible for the 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

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correctional facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
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 evaluations to
the Governor and the General Assembly by September 30th of
each year. The reports shall include data relating to the
recidivism rate among program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of good conduct credit shall be
awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the

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prisoner is incarcerated. The good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of good conduct 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 good conduct credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a GED. If, after an award of the GED good
conduct credit has been made and the Department determines
that the prisoner was not eligible, then the award shall be
revoked.
(4.5) The rules and regulations on early release shall
also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no good conduct credit awarded under clause (3) of
this subsection (a) unless he or she participates in and
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
good conduct 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

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to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who
is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive good conduct
credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on early release 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 good conduct 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 such 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 good conduct credit at such rate as the Director
shall determine.

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(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of good
conduct credit for meritorious service given at any time
during the term, the Department shall give reasonable
advance notice of the impending release to the State's
Attorney of the county where the prosecution of the inmate
took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
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

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within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct 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
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
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
accumulation of good conduct credit.
(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 good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct 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 good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
For purposes of this subsection (d):
(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:
(A) it lacks an arguable basis either in law or in
fact;
(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;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions

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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
(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 12-30 of the Criminal Code of 1961, earlier than
it otherwise would because of a grant of good conduct credit,
the Department, as a condition of such early release, shall

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require that the person, upon release, be placed under
electronic surveillance as provided in Section 5-8A-7 of this
Code.
(Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08.)