CD CORR-SENTENCE CREDIT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4326

Introduced 1/14/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-3

Amends the Unified Code of Corrections. Provides that the sentence
credit for various offenses in which the prisoner could receive no more
than 7.5 days sentence credit for each month of his or her sentence of
imprisonment shall be changed to one day of sentence credit for each day of
his or her sentence of imprisonment. Provides that each day of sentence
credit shall reduce by one day the prisoner's period of imprisonment or
recommitment. Provides that the Department of Corrections and the
Department of Juvenile Justice shall recalculate the release dates for
sentences under this provision within 6 months after the effective date of
the amendatory Act.
LRB104 16997 RLC 30411 b

A BILL FOR

HB4326
LRB104 16997 RLC 30411 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

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

6

(730 ILCS 5/3-6-3)
7

Sec. 3-6-3.
Rules and regulations for sentence credit.
8

(a)(1) The Department of Corrections shall prescribe rules
9
and regulations for awarding and revoking sentence credit for
10
persons committed to the Department of Corrections and the
11
Department of Juvenile Justice shall prescribe rules and
12
regulations for awarding and revoking sentence credit for
13
persons committed to the Department of Juvenile Justice under
14
Section 5-8-6 of the Unified Code of Corrections, which shall
15
be subject to review by the Prisoner Review Board.
16

(1.5) As otherwise provided by law, sentence credit may be
17
awarded for the following:
18

(A) successful completion of programming while in
19

custody of the Department of Corrections or the Department
20

of Juvenile Justice or while in custody prior to
21

sentencing;
22

(B) compliance with the rules and regulations of the
23

Department; or

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1

(C) service to the institution, service to a
2

community, or service to the State.
3

(2) Except as provided in paragraph (4.7) of this
4
subsection (a), the rules and regulations on sentence credit
5
shall provide, with respect to offenses listed in clause (i),
6
(ii), or (iii) of this paragraph (2) committed on or after June
7
19, 1998 or with respect to the offense listed in clause (iv)
8
of this paragraph (2) committed on or after June 23, 2005 (the
9
effective date of Public Act 94-71) or with respect to offense
10
listed in clause (vi) committed on or after June 1, 2008 (the
11
effective date of Public Act 95-625) or with respect to the
12
offense of unlawful possession of a firearm by a repeat felony
13
offender committed on or after August 2, 2005 (the effective
14
date of Public Act 94-398) or with respect to the offenses
15
listed in clause (v) of this paragraph (2) committed on or
16
after August 13, 2007 (the effective date of Public Act
17
95-134) or with respect to the offense of aggravated domestic
18
battery committed on or after July 23, 2010 (the effective
19
date of Public Act 96-1224) or with respect to the offense of
20
attempt to commit terrorism committed on or after January 1,
21
2013 (the effective date of Public Act 97-990), the following:
22

(i) that a prisoner who is serving a term of
23

imprisonment for first degree murder or for the offense of
24

terrorism shall receive no sentence credit and shall serve
25

the entire sentence imposed by the court;
26

(ii) that a prisoner serving a sentence for attempt to

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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

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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

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receive
one day of sentence credit for each day

no more
2

than 7.5 days sentence credit for each month
of his or her
3

sentence of imprisonment
. Each day of sentence credit
4

shall reduce by one day the prisoner's period of
5

imprisonment or recommitment under Section 3-3-9. The
6

Department of Corrections and the Department of Juvenile
7

Justice shall recalculate the release dates for sentences
8

under this clause (v) within 6 months after the effective
9

date of this amendatory Act of the 104th General Assembly
;
10

(vi) that a prisoner serving a sentence for a second
11

or subsequent offense of luring a minor shall receive no
12

more than 4.5 days of sentence credit for each month of his
13

or her sentence of imprisonment; and
14

(vii) that a prisoner serving a sentence for
15

aggravated domestic battery shall receive no more than 4.5
16

days of sentence credit for each month of his or her
17

sentence of imprisonment.
18

(2.1) For all offenses, other than those enumerated in
19
subdivision (a)(2)(i), (ii), or (iii) committed on or after
20
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
21
June 23, 2005 (the effective date of Public Act 94-71) or
22
subdivision (a)(2)(v) committed on or after August 13, 2007
23
(the effective date of Public Act 95-134) or subdivision
24
(a)(2)(vi) committed on or after June 1, 2008 (the effective
25
date of Public Act 95-625) or subdivision (a)(2)(vii)
26
committed on or after July 23, 2010 (the effective date of

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1
Public Act 96-1224), and other than the offense of aggravated
2
driving under the influence of alcohol, other drug or drugs,
3
or intoxicating compound or compounds, or any combination
4
thereof as defined in subparagraph (F) of paragraph (1) of
5
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
6
and other than the offense of aggravated driving under the
7
influence of alcohol, other drug or drugs, or intoxicating
8
compound or compounds, or any combination thereof as defined
9
in subparagraph (C) of paragraph (1) of subsection (d) of
10
Section 11-501 of the Illinois Vehicle Code committed on or
11
after January 1, 2011 (the effective date of Public Act
12
96-1230), the rules and regulations shall provide that a
13
prisoner who is serving a term of imprisonment shall receive
14
one day of sentence credit for each day of his or her sentence
15
of imprisonment or recommitment under Section 3-3-9. Each day
16
of sentence credit shall reduce by one day the prisoner's
17
period of imprisonment or recommitment under Section 3-3-9.
18

(2.2) A prisoner serving a term of natural life
19
imprisonment shall receive no sentence credit.
20

(2.3) Except as provided in paragraph (4.7) of this
21
subsection (a), the rules and regulations on sentence credit
22
shall provide that a prisoner who is serving a sentence for
23
aggravated driving under the influence of alcohol, other drug
24
or drugs, or intoxicating compound or compounds, or any
25
combination thereof as defined in subparagraph (F) of
26
paragraph (1) of subsection (d) of Section 11-501 of the

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1
Illinois Vehicle Code, shall receive no more than 4.5 days of
2
sentence credit for each month of his or her sentence of
3
imprisonment.
4

(2.4) Except as provided in paragraph (4.7) of this
5
subsection (a), the rules and regulations on sentence credit
6
shall provide with respect to the offenses of aggravated
7
battery with a machine gun or a firearm equipped with any
8
device or attachment designed or used for silencing the report
9
of a firearm or aggravated discharge of a machine gun or a
10
firearm equipped with any device or attachment designed or
11
used for silencing the report of a firearm, committed on or
12
after July 15, 1999 (the effective date of Public Act 91-121),
13
that a prisoner serving a sentence for any of these offenses
14
shall receive no more than 4.5 days of sentence credit for each
15
month of his or her sentence of imprisonment.
16

(2.5) Except as provided in paragraph (4.7) of this
17
subsection (a), the rules and regulations on sentence credit
18
shall provide that a prisoner who is serving a sentence for
19
aggravated arson committed on or after July 27, 2001 (the
20
effective date of Public Act 92-176) shall receive no more
21
than 4.5 days of sentence credit for each month of his or her
22
sentence of imprisonment.
23

(2.6) Except as provided in paragraph (4.7) of this
24
subsection (a), the rules and regulations on sentence credit
25
shall provide that a prisoner who is serving a sentence for
26
aggravated driving under the influence of alcohol, other drug

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LRB104 16997 RLC 30411 b
1
or drugs, or intoxicating compound or compounds or any
2
combination thereof as defined in subparagraph (C) of
3
paragraph (1) of subsection (d) of Section 11-501 of the
4
Illinois Vehicle Code committed on or after January 1, 2011
5
(the effective date of Public Act 96-1230) shall receive no
6
more than 4.5 days of sentence credit for each month of his or
7
her sentence of imprisonment.
8

(3) In addition to the sentence credits earned under
9
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
10
subsection (a), the rules and regulations shall also provide
11
that the Director of Corrections or the Director of Juvenile
12
Justice may award up to 180 days of earned sentence credit for
13
prisoners serving a sentence of incarceration of less than 5
14
years, and up to 365 days of earned sentence credit for
15
prisoners serving a sentence of 5 years or longer. The
16
Director may grant this credit for good conduct in specific
17
instances as either Director deems proper for eligible persons
18
in the custody of each Director's respective Department. The
19
good conduct may include, but is not limited to, compliance
20
with the rules and regulations of the Department, service to
21
the Department, service to a community, or service to the
22
State.
23

Eligible inmates for an award of earned sentence credit
24
under this paragraph (3) may be selected to receive the credit
25
at either Director's or his or her designee's sole discretion.
26
Eligibility for the additional earned sentence credit under

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1
this paragraph (3) may be based on, but is not limited to,
2
participation in programming offered by the Department as
3
appropriate for the prisoner based on the results of any
4
available risk/needs assessment or other relevant assessments
5
or evaluations administered by the Department using a
6
validated instrument, the circumstances of the crime,
7
demonstrated commitment to rehabilitation by a prisoner with a
8
history of conviction for a forcible felony enumerated in
9
Section 2-8 of the Criminal Code of 2012, the inmate's
10
behavior and improvements in disciplinary history while
11
incarcerated, and the inmate's commitment to rehabilitation,
12
including participation in programming offered by the
13
Department.
14

The Director of Corrections or the Director of Juvenile
15
Justice shall not award sentence credit under this paragraph
16
(3) to an inmate unless the inmate has served a minimum of 60
17
days of the sentence, including time served in a county jail;
18
except nothing in this paragraph shall be construed to permit
19
either Director to extend an inmate's sentence beyond that
20
which was imposed by the court. Prior to awarding credit under
21
this paragraph (3), each Director shall make a written
22
determination that the inmate:
23

(A) is eligible for the earned sentence credit;
24

(B) has served a minimum of 60 days, or as close to 60
25

days as the sentence will allow;
26

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

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1

relevant evaluation or assessment administered by the
2

Department using a validated instrument; and
3

(C) has met the eligibility criteria established by
4

rule for earned sentence credit.
5

The Director of Corrections or the Director of Juvenile
6
Justice shall determine the form and content of the written
7
determination required in this subsection.
8

(3.5) The Department shall provide annual written reports
9
to the Governor and the General Assembly on the award of earned
10
sentence credit no later than February 1 of each year. The
11
Department must publish both reports on its website within 48
12
hours of transmitting the reports to the Governor and the
13
General Assembly. The reports must include:
14

(A) the number of inmates awarded earned sentence
15

credit;
16

(B) the average amount of earned sentence credit
17

awarded;
18

(C) the holding offenses of inmates awarded earned
19

sentence credit; and
20

(D) the number of earned sentence credit revocations.
21

(4)(A) Except as provided in paragraph (4.7) of this
22
subsection (a), the rules and regulations shall also provide
23
that any prisoner who is engaged full-time in substance abuse
24
programs, correctional industry assignments, educational
25
programs, work-release programs or activities in accordance
26
with Article 13 of Chapter III of this Code, behavior

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1
modification programs, life skills courses, or re-entry
2
planning provided by the Department under this paragraph (4)
3
and satisfactorily completes the assigned program as
4
determined by the standards of the Department, shall receive
5
one day of sentence credit for each day in which that prisoner
6
is engaged in the activities described in this paragraph. The
7
rules and regulations shall also provide that sentence credit
8
may be provided to an inmate who was held in pre-trial
9
detention prior to his or her current commitment to the
10
Department of Corrections and successfully completed a
11
full-time, 60-day or longer substance abuse program,
12
educational program, behavior modification program, life
13
skills course, or re-entry planning provided by the county
14
department of corrections or county jail. Calculation of this
15
county program credit shall be done at sentencing as provided
16
in Section 5-4.5-100 of this Code and shall be included in the
17
sentencing order. The rules and regulations shall also provide
18
that sentence credit may be provided to an inmate who is in
19
compliance with programming requirements in an adult
20
transition center.
21

(B) The Department shall award sentence credit under this
22
paragraph (4) accumulated prior to January 1, 2020 (the
23
effective date of Public Act 101-440) in an amount specified
24
in subparagraph (C) of this paragraph (4) to an inmate serving
25
a sentence for an offense committed prior to June 19, 1998, if
26
the Department determines that the inmate is entitled to this

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1
sentence credit, based upon:
2

(i) documentation provided by the Department that the
3

inmate engaged in any full-time substance abuse programs,
4

correctional industry assignments, educational programs,
5

behavior modification programs, life skills courses, or
6

re-entry planning provided by the Department under this
7

paragraph (4) and satisfactorily completed the assigned
8

program as determined by the standards of the Department
9

during the inmate's current term of incarceration; or
10

(ii) the inmate's own testimony in the form of an
11

affidavit or documentation, or a third party's
12

documentation or testimony in the form of an affidavit
13

that the inmate likely engaged in any full-time substance
14

abuse programs, correctional industry assignments,
15

educational programs, behavior modification programs, life
16

skills courses, or re-entry planning provided by the
17

Department under paragraph (4) and satisfactorily
18

completed the assigned program as determined by the
19

standards of the Department during the inmate's current
20

term of incarceration.
21

(C) If the inmate can provide documentation that he or she
22
is entitled to sentence credit under subparagraph (B) in
23
excess of 45 days of participation in those programs, the
24
inmate shall receive 90 days of sentence credit. If the inmate
25
cannot provide documentation of more than 45 days of
26
participation in those programs, the inmate shall receive 45

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1
days of sentence credit. In the event of a disagreement
2
between the Department and the inmate as to the amount of
3
credit accumulated under subparagraph (B), if the Department
4
provides documented proof of a lesser amount of days of
5
participation in those programs, that proof shall control. If
6
the Department provides no documentary proof, the inmate's
7
proof as set forth in clause (ii) of subparagraph (B) shall
8
control as to the amount of sentence credit provided.
9

(D) If the inmate has been convicted of a sex offense as
10
defined in Section 2 of the Sex Offender Registration Act,
11
sentencing credits under subparagraph (B) of this paragraph
12
(4) shall be awarded by the Department only if the conditions
13
set forth in paragraph (4.6) of subsection (a) are satisfied.
14
No inmate serving a term of natural life imprisonment shall
15
receive sentence credit under subparagraph (B) of this
16
paragraph (4).
17

(E) The rules and regulations shall provide for the
18
recalculation of program credits awarded pursuant to this
19
paragraph (4) prior to July 1, 2021 (the effective date of
20
Public Act 101-652) at the rate set for such credits on and
21
after July 1, 2021.
22

Educational, vocational, substance abuse, behavior
23
modification programs, life skills courses, re-entry planning,
24
and correctional industry programs under which sentence credit
25
may be earned under this paragraph (4) and paragraph (4.1) of
26
this subsection (a) shall be evaluated by the Department on

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1
the basis of documented standards. The Department shall report
2
the results of these evaluations to the Governor and the
3
General Assembly by September 30th of each year. The reports
4
shall include data relating to the recidivism rate among
5
program participants.
6

Availability of these programs shall be subject to the
7
limits of fiscal resources appropriated by the General
8
Assembly for these purposes. Eligible inmates who are denied
9
immediate admission shall be placed on a waiting list under
10
criteria established by the Department. The rules and
11
regulations shall provide that a prisoner who has been placed
12
on a waiting list but is transferred for non-disciplinary
13
reasons before beginning a program shall receive priority
14
placement on the waitlist for appropriate programs at the new
15
facility. The inability of any inmate to become engaged in any
16
such programs by reason of insufficient program resources or
17
for any other reason established under the rules and
18
regulations of the Department shall not be deemed a cause of
19
action under which the Department or any employee or agent of
20
the Department shall be liable for damages to the inmate. The
21
rules and regulations shall provide that a prisoner who begins
22
an educational, vocational, substance abuse, work-release
23
programs or activities in accordance with Article 13 of
24
Chapter III of this Code, behavior modification program, life
25
skills course, re-entry planning, or correctional industry
26
programs but is unable to complete the program due to illness,

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1
disability, transfer, lockdown, or another reason outside of
2
the prisoner's control shall receive prorated sentence credits
3
for the days in which the prisoner did participate.
4

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

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1
any prisoner who obtains an associate degree while the
2
prisoner is committed to the Department of Corrections,
3
regardless of the date that the associate degree was obtained,
4
including if prior to July 1, 2021 (the effective date of
5
Public Act 101-652). The sentence credit awarded under this
6
paragraph (4.1) shall be in addition to, and shall not affect,
7
the award of sentence credit under any other paragraph of this
8
Section, but shall also be under the guidelines and
9
restrictions set forth in paragraph (4) of subsection (a) of
10
this Section. The sentence credit provided for in this
11
paragraph (4.1) shall be available only to those prisoners who
12
have not previously earned an associate degree prior to the
13
current commitment to the Department of Corrections. If, after
14
an award of the associate degree sentence credit has been made
15
and the Department determines that the prisoner was not
16
eligible, then the award shall be revoked. The Department may
17
also award 120 days of sentence credit to any committed person
18
who earned an associate degree while he or she was held in
19
pre-trial detention prior to the current commitment to the
20
Department of Corrections.
21

Except as provided in paragraph (4.7) of this subsection
22
(a), the rules and regulations shall provide that an
23
additional 180 days of sentence credit shall be awarded to any
24
prisoner who obtains a bachelor's degree while the prisoner is
25
committed to the Department of Corrections. The sentence
26
credit awarded under this paragraph (4.1) shall be in addition

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1
to, and shall not affect, the award of sentence credit under
2
any other paragraph of this Section, but shall also be under
3
the guidelines and restrictions set forth in paragraph (4) of
4
this subsection (a). The sentence credit provided for in this
5
paragraph shall be available only to those prisoners who have
6
not earned a bachelor's degree prior to the current commitment
7
to the Department of Corrections. If, after an award of the
8
bachelor's degree sentence credit has been made, the
9
Department determines that the prisoner was not eligible, then
10
the award shall be revoked. The Department may also award 180
11
days of sentence credit to any committed person who earned a
12
bachelor's degree while he or she was held in pre-trial
13
detention prior to the current commitment to the Department of
14
Corrections.
15

Except as provided in paragraph (4.7) of this subsection
16
(a), the rules and regulations shall provide that an
17
additional 180 days of sentence credit shall be awarded to any
18
prisoner who obtains a master's or professional degree while
19
the prisoner is committed to the Department of Corrections.
20
The sentence credit awarded under this paragraph (4.1) shall
21
be in addition to, and shall not affect, the award of sentence
22
credit under any other paragraph of this Section, but shall
23
also be under the guidelines and restrictions set forth in
24
paragraph (4) of this subsection (a). The sentence credit
25
provided for in this paragraph shall be available only to
26
those prisoners who have not previously earned a master's or

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1
professional degree prior to the current commitment to the
2
Department of Corrections. If, after an award of the master's
3
or professional degree sentence credit has been made, the
4
Department determines that the prisoner was not eligible, then
5
the award shall be revoked. The Department may also award 180
6
days of sentence credit to any committed person who earned a
7
master's or professional degree while he or she was held in
8
pre-trial detention prior to the current commitment to the
9
Department of Corrections.
10

(4.2)(A) The rules and regulations shall also provide that
11
any prisoner engaged in self-improvement programs, volunteer
12
work, or work assignments that are not otherwise eligible
13
activities under paragraph (4), shall receive up to 0.5 days
14
of sentence credit for each day in which the prisoner is
15
engaged in activities described in this paragraph.
16

(B) The rules and regulations shall provide for the award
17
of sentence credit under this paragraph (4.2) for qualifying
18
days of engagement in eligible activities occurring prior to
19
July 1, 2021 (the effective date of Public Act 101-652).
20

(4.5) The rules and regulations on sentence credit shall
21
also provide that when the court's sentencing order recommends
22
a prisoner for substance abuse treatment and the crime was
23
committed on or after September 1, 2003 (the effective date of
24
Public Act 93-354), the prisoner shall receive no sentence
25
credit awarded under clause (3) of this subsection (a) unless
26
he or she participates in and completes a substance abuse

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1
treatment program. The Director of Corrections may waive the
2
requirement to participate in or complete a substance abuse
3
treatment program in specific instances if the prisoner is not
4
a good candidate for a substance abuse treatment program for
5
medical, programming, or operational reasons. Availability of
6
substance abuse treatment shall be subject to the limits of
7
fiscal resources appropriated by the General Assembly for
8
these purposes. If treatment is not available and the
9
requirement to participate and complete the treatment has not
10
been waived by the Director, the prisoner shall be placed on a
11
waiting list under criteria established by the Department. The
12
Director may allow a prisoner placed on a waiting list to
13
participate in and complete a substance abuse education class
14
or attend substance abuse self-help meetings in lieu of a
15
substance abuse treatment program. A prisoner on a waiting
16
list who is not placed in a substance abuse program prior to
17
release may be eligible for a waiver and receive sentence
18
credit under clause (3) of this subsection (a) at the
19
discretion of the Director.
20

(4.6) The rules and regulations on sentence credit shall
21
also provide that a prisoner who has been convicted of a sex
22
offense as defined in Section 2 of the Sex Offender
23
Registration Act shall receive no sentence credit unless he or
24
she either has successfully completed or is participating in
25
sex offender treatment as defined by the Sex Offender
26
Management Board. However, prisoners who are waiting to

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receive treatment, but who are unable to do so due solely to
2
the lack of resources on the part of the Department, may, at
3
either Director's sole discretion, be awarded sentence credit
4
at a rate as the Director shall determine.
5

(4.7) On or after January 1, 2018 (the effective date of
6
Public Act 100-3), sentence credit under paragraph (3), (4),
7
or (4.1) of this subsection (a) may be awarded to a prisoner
8
who is serving a sentence for an offense described in
9
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
10
on or after January 1, 2018 (the effective date of Public Act
11
100-3); provided, the award of the credits under this
12
paragraph (4.7) shall not reduce the sentence of the prisoner
13
to less than the following amounts:
14

(i) 85% of his or her sentence if the prisoner is
15

required to serve 85% of his or her sentence; or
16

(ii) 60% of his or her sentence if the prisoner is
17

required to serve 75% of his or her sentence, except if the
18

prisoner is serving a sentence for gunrunning his or her
19

sentence shall not be reduced to less than 75%.
20

(iii) 100% of his or her sentence if the prisoner is
21

required to serve 100% of his or her sentence.
22

(5) Whenever the Department is to release any inmate
23
earlier than it otherwise would because of a grant of earned
24
sentence credit under paragraph (3) of subsection (a) of this
25
Section given at any time during the term, the Department
26
shall give reasonable notice of the impending release not less

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1
than 14 days prior to the date of the release to the State's
2
Attorney of the county where the prosecution of the inmate
3
took place, and if applicable, the State's Attorney of the
4
county into which the inmate will be released. The Department
5
must also make identification information and a recent photo
6
of the inmate being released accessible on the Internet by
7
means of a hyperlink labeled "Community Notification of Inmate
8
Early Release" on the Department's World Wide Web homepage.
9
The identification information shall include the inmate's:
10
name, any known alias, date of birth, physical
11
characteristics, commitment offense, and county where
12
conviction was imposed. The identification information shall
13
be placed on the website within 3 days of the inmate's release
14
and the information may not be removed until either:
15
completion of the first year of mandatory supervised release
16
or return of the inmate to custody of the Department.
17

(b) Whenever a person is or has been committed under
18
several convictions, with separate sentences, the sentences
19
shall be construed under Section 5-8-4 in granting and
20
forfeiting of sentence credit.
21

(c) (1) The Department shall prescribe rules and
22
regulations for revoking sentence credit, including revoking
23
sentence credit awarded under paragraph (3) of subsection (a)
24
of this Section. The Department shall prescribe rules and
25
regulations establishing and requiring the use of a sanctions
26
matrix for revoking sentence credit. The Department shall

HB4326
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1
prescribe rules and regulations for suspending or reducing the
2
rate of accumulation of sentence credit for specific rule
3
violations, during imprisonment. These rules and regulations
4
shall provide that no inmate may be penalized more than one
5
year of sentence credit for any one infraction.
6

(2) When the Department seeks to revoke, suspend, or
7
reduce the rate of accumulation of any sentence credits for an
8
alleged infraction of its rules, it shall bring charges
9
therefor against the prisoner sought to be so deprived of
10
sentence credits before the Prisoner Review Board as provided
11
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12
amount of credit at issue exceeds 30 days, whether from one
13
infraction or cumulatively from multiple infractions arising
14
out of a single event, or when, during any 12-month period, the
15
cumulative amount of credit revoked exceeds 30 days except
16
where the infraction is committed or discovered within 60 days
17
of scheduled release. In those cases, the Department of
18
Corrections may revoke up to 30 days of sentence credit. The
19
Board may subsequently approve the revocation of additional
20
sentence credit, if the Department seeks to revoke sentence
21
credit in excess of 30 days. However, the Board shall not be
22
empowered to review the Department's decision with respect to
23
the loss of 30 days of sentence credit within any calendar year
24
for any prisoner or to increase any penalty beyond the length
25
requested by the Department.
26

(3) The Director of Corrections or the Director of

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1
Juvenile Justice, in appropriate cases, may restore sentence
2
credits which have been revoked, suspended, or reduced. The
3
Department shall prescribe rules and regulations governing the
4
restoration of sentence credits. These rules and regulations
5
shall provide for the automatic restoration of sentence
6
credits following a period in which the prisoner maintains a
7
record without a disciplinary violation.
8

Nothing contained in this Section shall prohibit the
9
Prisoner Review Board from ordering, pursuant to Section
10
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
11
sentence imposed by the court that was not served due to the
12
accumulation of sentence credit.
13

(d) If a lawsuit is filed by a prisoner in an Illinois or
14
federal court against the State, the Department of
15
Corrections, or the Prisoner Review Board, or against any of
16
their officers or employees, and the court makes a specific
17
finding that a pleading, motion, or other paper filed by the
18
prisoner is frivolous, the Department of Corrections shall
19
conduct a hearing to revoke up to 180 days of sentence credit
20
by bringing charges against the prisoner sought to be deprived
21
of the sentence credits before the Prisoner Review Board as
22
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
23
If the prisoner has not accumulated 180 days of sentence
24
credit at the time of the finding, then the Prisoner Review
25
Board may revoke all sentence credit accumulated by the
26
prisoner.

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1

For purposes of this subsection (d):
2

(1) "Frivolous" means that a pleading, motion, or
3

other filing which purports to be a legal document filed
4

by a prisoner in his or her lawsuit meets any or all of the
5

following criteria:
6

(A) it lacks an arguable basis either in law or in
7

fact;
8

(B) it is being presented for any improper
9

purpose, such as to harass or to cause unnecessary
10

delay or needless increase in the cost of litigation;
11

(C) the claims, defenses, and other legal
12

contentions therein are not warranted by existing law
13

or by a nonfrivolous argument for the extension,
14

modification, or reversal of existing law or the
15

establishment of new law;
16

(D) the allegations and other factual contentions
17

do not have evidentiary support or, if specifically so
18

identified, are not likely to have evidentiary support
19

after a reasonable opportunity for further
20

investigation or discovery; or
21

(E) the denials of factual contentions are not
22

warranted on the evidence, or if specifically so
23

identified, are not reasonably based on a lack of
24

information or belief.
25

(2) "Lawsuit" means a motion pursuant to Section 116-3
26

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

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1

action under Article X of the Code of Civil Procedure or
2

under federal law (28 U.S.C. 2254), a petition for claim
3

under the Court of Claims Act, an action under the federal
4

Civil Rights Act (42 U.S.C. 1983), or a second or
5

subsequent petition for post-conviction relief under
6

Article 122 of the Code of Criminal Procedure of 1963
7

whether filed with or without leave of court or a second or
8

subsequent petition for relief from judgment under Section
9

2-1401 of the Code of Civil Procedure.
10

(e) Nothing in Public Act 90-592 or 90-593 affects the
11
validity of Public Act 89-404.
12

(f) Whenever the Department is to release any inmate who
13
has been convicted of a violation of an order of protection
14
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
15
the Criminal Code of 2012, earlier than it otherwise would
16
because of a grant of sentence credit, the Department, as a
17
condition of release, shall require that the person, upon
18
release, be placed under electronic surveillance as provided
19
in Section 5-8A-7 of this Code.
20
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
21
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
22
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
23
eff. 7-1-24; 103-822, eff. 1-1-25
.)

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