CD CORR-SENTENCE CREDITS

Illinois General Assembly - Full Text of HB4559

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HB4559 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4559

Introduced 1/30/2026, by Rep. Norma Hernandez

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-3

Amends the Unified Code of Corrections. Provides that the rules and
regulations of the Department of Corrections shall provide that sentence
credit 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 substance abuse program (rather than a full-time,
60-day or longer substance abuse program), county jail or detention
facility work assignments, parenting program, or re-entry planning
facilitated (rather than provided) by the county department of corrections
or county jail or other provider. Provides that the rules and regulations
shall also provide that sentence credit may be provided to a committed
person who participated in supervised community work or activities prior
to his or her commitment to the Department of Corrections. Provides that
the rules and regulations shall also provide that any inmate who was held
in pre-trial detention prior to his or her confinement to the Department of
Corrections, engaged in self-improvement programs, volunteer work, or work
assignments that are not otherwise eligible activities shall receive up to
0.5 days of sentence credit for each day in which the inmate is engaged in
these activities.
LRB104 17574 RLC 31002 b

A BILL FOR

HB4559
LRB104 17574 RLC 31002 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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(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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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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1

receive no more than 7.5 days sentence credit for each
2

month of his or her sentence of imprisonment;
3

(vi) that a prisoner serving a sentence for a second
4

or subsequent offense of luring a minor shall receive no
5

more than 4.5 days of sentence credit for each month of his
6

or her sentence of imprisonment; and
7

(vii) that a prisoner serving a sentence for
8

aggravated domestic battery shall receive no more than 4.5
9

days of sentence credit for each month of his or her
10

sentence of imprisonment.
11

(2.1) For all offenses, other than those enumerated in
12
subdivision (a)(2)(i), (ii), or (iii) committed on or after
13
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14
June 23, 2005 (the effective date of Public Act 94-71) or
15
subdivision (a)(2)(v) committed on or after August 13, 2007
16
(the effective date of Public Act 95-134) or subdivision
17
(a)(2)(vi) committed on or after June 1, 2008 (the effective
18
date of Public Act 95-625) or subdivision (a)(2)(vii)
19
committed on or after July 23, 2010 (the effective date of
20
Public Act 96-1224), and other than the offense of aggravated
21
driving under the influence of alcohol, other drug or drugs,
22
or intoxicating compound or compounds, or any combination
23
thereof as defined in subparagraph (F) of paragraph (1) of
24
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
25
and other than the offense of aggravated driving under the
26
influence of alcohol, other drug or drugs, or intoxicating

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

(2.2) A prisoner serving a term of natural life
12
imprisonment shall receive no sentence credit.
13

(2.3) Except as provided in paragraph (4.7) of this
14
subsection (a), the rules and regulations on sentence credit
15
shall provide that a prisoner who is serving a sentence for
16
aggravated driving under the influence of alcohol, other drug
17
or drugs, or intoxicating compound or compounds, or any
18
combination thereof as defined in subparagraph (F) of
19
paragraph (1) of subsection (d) of Section 11-501 of the
20
Illinois Vehicle Code, shall receive no more than 4.5 days of
21
sentence credit for each month of his or her sentence of
22
imprisonment.
23

(2.4) Except as provided in paragraph (4.7) of this
24
subsection (a), the rules and regulations on sentence credit
25
shall provide with respect to the offenses of aggravated
26
battery with a machine gun or a firearm equipped with any

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1
device or attachment designed or used for silencing the report
2
of a firearm or aggravated discharge of a machine gun or a
3
firearm equipped with any device or attachment designed or
4
used for silencing the report of a firearm, committed on or
5
after July 15, 1999 (the effective date of Public Act 91-121),
6
that a prisoner serving a sentence for any of these offenses
7
shall receive no more than 4.5 days of sentence credit for each
8
month of his or her sentence of imprisonment.
9

(2.5) Except as provided in paragraph (4.7) of this
10
subsection (a), the rules and regulations on sentence credit
11
shall provide that a prisoner who is serving a sentence for
12
aggravated arson committed on or after July 27, 2001 (the
13
effective date of Public Act 92-176) shall receive no more
14
than 4.5 days of sentence credit for each month of his or her
15
sentence of imprisonment.
16

(2.6) Except as provided in paragraph (4.7) of this
17
subsection (a), the rules and regulations on sentence credit
18
shall provide that a prisoner who is serving a sentence for
19
aggravated driving under the influence of alcohol, other drug
20
or drugs, or intoxicating compound or compounds or any
21
combination thereof as defined in subparagraph (C) of
22
paragraph (1) of subsection (d) of Section 11-501 of the
23
Illinois Vehicle Code committed on or after January 1, 2011
24
(the effective date of Public Act 96-1230) shall receive no
25
more than 4.5 days of sentence credit for each month of his or
26
her sentence of imprisonment.

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LRB104 17574 RLC 31002 b
1

(3) In addition to the sentence credits earned under
2
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
3
subsection (a), the rules and regulations shall also provide
4
that the Director of Corrections or the Director of Juvenile
5
Justice may award up to 180 days of earned sentence credit for
6
prisoners serving a sentence of incarceration of less than 5
7
years, and up to 365 days of earned sentence credit for
8
prisoners serving a sentence of 5 years or longer. The
9
Director may grant this credit for good conduct in specific
10
instances as either Director deems proper for eligible persons
11
in the custody of each Director's respective Department. The
12
good conduct may include, but is not limited to, compliance
13
with the rules and regulations of the Department, service to
14
the Department, service to a community, or service to the
15
State.
16

Eligible inmates for an award of earned sentence credit
17
under this paragraph (3) may be selected to receive the credit
18
at either Director's or his or her designee's sole discretion.
19
Eligibility for the additional earned sentence credit under
20
this paragraph (3) may be based on, but is not limited to,
21
participation in programming offered by the Department as
22
appropriate for the prisoner based on the results of any
23
available risk/needs assessment or other relevant assessments
24
or evaluations administered by the Department using a
25
validated instrument, the circumstances of the crime,
26
demonstrated commitment to rehabilitation by a prisoner with a

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LRB104 17574 RLC 31002 b
1
history of conviction for a forcible felony enumerated in
2
Section 2-8 of the Criminal Code of 2012, the inmate's
3
behavior and improvements in disciplinary history while
4
incarcerated, and the inmate's commitment to rehabilitation,
5
including participation in programming offered by the
6
Department.
7

The Director of Corrections or the Director of Juvenile
8
Justice shall not award sentence credit under this paragraph
9
(3) to an inmate unless the inmate has served a minimum of 60
10
days of the sentence, including time served in a county jail;
11
except nothing in this paragraph shall be construed to permit
12
either Director to extend an inmate's sentence beyond that
13
which was imposed by the court. Prior to awarding credit under
14
this paragraph (3), each Director shall make a written
15
determination that the inmate:
16

(A) is eligible for the earned sentence credit;
17

(B) has served a minimum of 60 days, or as close to 60
18

days as the sentence will allow;
19

(B-1) has received a risk/needs assessment or other
20

relevant evaluation or assessment administered by the
21

Department using a validated instrument; and
22

(C) has met the eligibility criteria established by
23

rule for earned sentence credit.
24

The Director of Corrections or the Director of Juvenile
25
Justice shall determine the form and content of the written
26
determination required in this subsection.

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LRB104 17574 RLC 31002 b
1

(3.5) The Department shall provide annual written reports
2
to the Governor and the General Assembly on the award of earned
3
sentence credit no later than February 1 of each year. The
4
Department must publish both reports on its website within 48
5
hours of transmitting the reports to the Governor and the
6
General Assembly. The reports must include:
7

(A) the number of inmates awarded earned sentence
8

credit;
9

(B) the average amount of earned sentence credit
10

awarded;
11

(C) the holding offenses of inmates awarded earned
12

sentence credit; and
13

(D) the number of earned sentence credit revocations.
14

(4)(A) Except as provided in paragraph (4.7) of this
15
subsection (a), the rules and regulations shall also provide
16
that any prisoner who is engaged full-time in substance abuse
17
programs, correctional industry assignments, educational
18
programs, work-release programs or activities in accordance
19
with Article 13 of Chapter III of this Code, behavior
20
modification programs, life skills courses, or re-entry
21
planning provided by the Department under this paragraph (4)
22
and satisfactorily completes the assigned program as
23
determined by the standards of the Department, shall receive
24
one day of sentence credit for each day in which that prisoner
25
is engaged in the activities described in this paragraph. The
26
rules and regulations shall also provide that sentence credit

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LRB104 17574 RLC 31002 b
1
may be provided to an inmate who was held in pre-trial
2
detention prior to his or her current commitment to the
3
Department of Corrections and successfully completed a
4
full-time, 60-day or longer
substance abuse program,
county
5
jail or detention facility work assignments,
educational
6
program, behavior modification program, life skills course,
7
parenting program,
or re-entry planning
facilitated

provided

8
by the county department of corrections or county jail
or
9
other provider. The rules and regulations shall also provide
10
that sentence credit may be provided to a committed person who
11
participated in supervised community work or activities in
12
accordance with Section 5-5-9 prior to his or her commitment
13
to the Department of Corrections
. Calculation of this county
14
program credit shall be done at sentencing as provided in
15
Section 5-4.5-100 of this Code and shall be included in the
16
sentencing order. The rules and regulations shall also provide
17
that sentence credit may be provided to an inmate who is in
18
compliance with programming requirements in an adult
19
transition center.
20

(B) The Department shall award sentence credit under this
21
paragraph (4) accumulated prior to January 1, 2020 (the
22
effective date of Public Act 101-440) in an amount specified
23
in subparagraph (C) of this paragraph (4) to an inmate serving
24
a sentence for an offense committed prior to June 19, 1998, if
25
the Department determines that the inmate is entitled to this
26
sentence credit, based upon:

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1

(i) documentation provided by the Department that the
2

inmate engaged in any full-time substance abuse programs,
3

correctional industry assignments, educational programs,
4

behavior modification programs, life skills courses, or
5

re-entry planning provided by the Department under this
6

paragraph (4) and satisfactorily completed the assigned
7

program as determined by the standards of the Department
8

during the inmate's current term of incarceration; or
9

(ii) the inmate's own testimony in the form of an
10

affidavit or documentation, or a third party's
11

documentation or testimony in the form of an affidavit
12

that the inmate likely engaged in any full-time substance
13

abuse programs, correctional industry assignments,
14

educational programs, behavior modification programs, life
15

skills courses, or re-entry planning provided by the
16

Department under paragraph (4) and satisfactorily
17

completed the assigned program as determined by the
18

standards of the Department during the inmate's current
19

term of incarceration.
20

(C) If the inmate can provide documentation that he or she
21
is entitled to sentence credit under subparagraph (B) in
22
excess of 45 days of participation in those programs, the
23
inmate shall receive 90 days of sentence credit. If the inmate
24
cannot provide documentation of more than 45 days of
25
participation in those programs, the inmate shall receive 45
26
days of sentence credit. In the event of a disagreement

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

(D) If the inmate has been convicted of a sex offense as
9
defined in Section 2 of the Sex Offender Registration Act,
10
sentencing credits under subparagraph (B) of this paragraph
11
(4) shall be awarded by the Department only if the conditions
12
set forth in paragraph (4.6) of subsection (a) are satisfied.
13
No inmate serving a term of natural life imprisonment shall
14
receive sentence credit under subparagraph (B) of this
15
paragraph (4).
16

(E) The rules and regulations shall provide for the
17
recalculation of program credits awarded pursuant to this
18
paragraph (4) prior to July 1, 2021 (the effective date of
19
Public Act 101-652) at the rate set for such credits on and
20
after July 1, 2021.
21

Educational, vocational, substance abuse, behavior
22
modification programs, life skills courses, re-entry planning,
23
and correctional industry programs under which sentence credit
24
may be earned under this paragraph (4) and paragraph (4.1) of
25
this subsection (a) shall be evaluated by the Department on
26
the basis of documented standards. The Department shall report

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

Availability of these programs shall be subject to the
6
limits of fiscal resources appropriated by the General
7
Assembly for these purposes. Eligible inmates who are denied
8
immediate admission shall be placed on a waiting list under
9
criteria established by the Department. The rules and
10
regulations shall provide that a prisoner who has been placed
11
on a waiting list but is transferred for non-disciplinary
12
reasons before beginning a program shall receive priority
13
placement on the waitlist for appropriate programs at the new
14
facility. The inability of any inmate to become engaged in any
15
such programs by reason of insufficient program resources or
16
for any other reason established under the rules and
17
regulations of the Department shall not be deemed a cause of
18
action under which the Department or any employee or agent of
19
the Department shall be liable for damages to the inmate. The
20
rules and regulations shall provide that a prisoner who begins
21
an educational, vocational, substance abuse, work-release
22
programs or activities in accordance with Article 13 of
23
Chapter III of this Code, behavior modification program, life
24
skills course, re-entry planning, or correctional industry
25
programs but is unable to complete the program due to illness,
26
disability, transfer, lockdown, or another reason outside of

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1
the prisoner's control shall receive prorated sentence credits
2
for the days in which the prisoner did participate.
3

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

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LRB104 17574 RLC 31002 b
1
prisoner is committed to the Department of Corrections,
2
regardless of the date that the associate degree was obtained,
3
including if prior to July 1, 2021 (the effective date of
4
Public Act 101-652). The sentence credit awarded under this
5
paragraph (4.1) shall be in addition to, and shall not affect,
6
the award of sentence credit under any other paragraph of this
7
Section, but shall also be under the guidelines and
8
restrictions set forth in paragraph (4) of subsection (a) of
9
this Section. The sentence credit provided for in this
10
paragraph (4.1) shall be available only to those prisoners who
11
have not previously earned an associate degree prior to the
12
current commitment to the Department of Corrections. If, after
13
an award of the associate degree sentence credit has been made
14
and the Department determines that the prisoner was not
15
eligible, then the award shall be revoked. The Department may
16
also award 120 days of sentence credit to any committed person
17
who earned an associate degree while he or she was held in
18
pre-trial detention prior to the current commitment to the
19
Department of Corrections.
20

Except as provided in paragraph (4.7) of this subsection
21
(a), the rules and regulations shall provide that an
22
additional 180 days of sentence credit shall be awarded to any
23
prisoner who obtains a bachelor's degree while the prisoner is
24
committed to the Department of Corrections. The sentence
25
credit awarded under this paragraph (4.1) shall be in addition
26
to, and shall not affect, the award of sentence credit under

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

Except as provided in paragraph (4.7) of this subsection
15
(a), the rules and regulations shall provide that an
16
additional 180 days of sentence credit shall be awarded to any
17
prisoner who obtains a master's or professional degree while
18
the prisoner is committed to the Department of Corrections.
19
The sentence credit awarded under this paragraph (4.1) shall
20
be in addition to, and shall not affect, the award of sentence
21
credit under any other paragraph of this Section, but shall
22
also be under the guidelines and restrictions set forth in
23
paragraph (4) of this subsection (a). The sentence credit
24
provided for in this paragraph shall be available only to
25
those prisoners who have not previously earned a master's or
26
professional degree prior to the current commitment to the

HB4559
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1
Department of Corrections. If, after an award of the master's
2
or professional degree sentence credit has been made, the
3
Department determines that the prisoner was not eligible, then
4
the award shall be revoked. The Department may also award 180
5
days of sentence credit to any committed person who earned a
6
master's or professional degree while he or she was held in
7
pre-trial detention prior to the current commitment to the
8
Department of Corrections.
9

(4.2)(A) The rules and regulations shall also provide that
10
any prisoner
or inmate who was held in pre-trial detention
11
prior to his or her confinement to the Department of
12
Corrections,
engaged in self-improvement programs, volunteer
13
work, or work assignments that are not otherwise eligible
14
activities under paragraph (4), shall receive up to 0.5 days
15
of sentence credit for each day in which the prisoner
or inmate

16
is engaged in activities described in this paragraph.
17

(B) The rules and regulations shall provide for the award
18
of sentence credit under this paragraph (4.2) for qualifying
19
days of engagement in eligible activities occurring prior to
20
July 1, 2021 (the effective date of Public Act 101-652).
21

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

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1
he or she participates in and completes a substance abuse
2
treatment program. The Director of Corrections may waive the
3
requirement to participate in or complete a substance abuse
4
treatment program in specific instances if the prisoner is not
5
a good candidate for a substance abuse treatment program for
6
medical, programming, or operational reasons. Availability of
7
substance abuse treatment shall be subject to the limits of
8
fiscal resources appropriated by the General Assembly for
9
these purposes. If treatment is not available and the
10
requirement to participate and complete the treatment has not
11
been waived by the Director, the prisoner shall be placed on a
12
waiting list under criteria established by the Department. The
13
Director may allow a prisoner placed on a waiting list to
14
participate in and complete a substance abuse education class
15
or attend substance abuse self-help meetings in lieu of a
16
substance abuse treatment program. A prisoner on a waiting
17
list who is not placed in a substance abuse program prior to
18
release may be eligible for a waiver and receive sentence
19
credit under clause (3) of this subsection (a) at the
20
discretion of the Director.
21

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

HB4559
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1
Management Board. However, prisoners who are waiting to
2
receive treatment, but who are unable to do so due solely to
3
the lack of resources on the part of the Department, may, at
4
either Director's sole discretion, be awarded sentence credit
5
at a rate as the Director shall determine.
6

(4.7) On or after January 1, 2018 (the effective date of
7
Public Act 100-3), sentence credit under paragraph (3), (4),
8
or (4.1) of this subsection (a) may be awarded to a prisoner
9
who is serving a sentence for an offense described in
10
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
11
on or after January 1, 2018 (the effective date of Public Act
12
100-3); provided, the award of the credits under this
13
paragraph (4.7) shall not reduce the sentence of the prisoner
14
to less than the following amounts:
15

(i) 85% of his or her sentence if the prisoner is
16

required to serve 85% of his or her sentence; or
17

(ii) 60% of his or her sentence if the prisoner is
18

required to serve 75% of his or her sentence, except if the
19

prisoner is serving a sentence for gunrunning his or her
20

sentence shall not be reduced to less than 75%.
21

(iii) 100% of his or her sentence if the prisoner is
22

required to serve 100% of his or her sentence.
23

(5) Whenever the Department is to release any inmate
24
earlier than it otherwise would because of a grant of earned
25
sentence credit under paragraph (3) of subsection (a) of this
26
Section given at any time during the term, the Department

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1
shall give reasonable notice of the impending release not less
2
than 14 days prior to the date of the release to the State's
3
Attorney of the county where the prosecution of the inmate
4
took place, and if applicable, the State's Attorney of the
5
county into which the inmate will be released. The Department
6
must also make identification information and a recent photo
7
of the inmate being released accessible on the Internet by
8
means of a hyperlink labeled "Community Notification of Inmate
9
Early Release" on the Department's World Wide Web homepage.
10
The identification information shall include the inmate's:
11
name, any known alias, date of birth, physical
12
characteristics, commitment offense, and county where
13
conviction was imposed. The identification information shall
14
be placed on the website within 3 days of the inmate's release
15
and the information may not be removed until either:
16
completion of the first year of mandatory supervised release
17
or return of the inmate to custody of the Department.
18

(b) Whenever a person is or has been committed under
19
several convictions, with separate sentences, the sentences
20
shall be construed under Section 5-8-4 in granting and
21
forfeiting of sentence credit.
22

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

HB4559
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LRB104 17574 RLC 31002 b
1
matrix for revoking sentence credit. The Department shall
2
prescribe rules and regulations for suspending or reducing the
3
rate of accumulation of sentence credit for specific rule
4
violations, during imprisonment. These rules and regulations
5
shall provide that no inmate may be penalized more than one
6
year of sentence credit for any one infraction.
7

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

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1

(3) The Director of Corrections or the Director of
2
Juvenile Justice, in appropriate cases, may restore sentence
3
credits which have been revoked, suspended, or reduced. The
4
Department shall prescribe rules and regulations governing the
5
restoration of sentence credits. These rules and regulations
6
shall provide for the automatic restoration of sentence
7
credits following a period in which the prisoner maintains a
8
record without a disciplinary violation.
9

Nothing contained in this Section shall prohibit the
10
Prisoner Review Board from ordering, pursuant to Section
11
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12
sentence imposed by the court that was not served due to the
13
accumulation of sentence credit.
14

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

HB4559
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LRB104 17574 RLC 31002 b
1
prisoner.
2

For purposes of this subsection (d):
3

(1) "Frivolous" means that a pleading, motion, or
4

other filing which purports to be a legal document filed
5

by a prisoner in his or her lawsuit meets any or all of the
6

following criteria:
7

(A) it lacks an arguable basis either in law or in
8

fact;
9

(B) it is being presented for any improper
10

purpose, such as to harass or to cause unnecessary
11

delay or needless increase in the cost of litigation;
12

(C) the claims, defenses, and other legal
13

contentions therein are not warranted by existing law
14

or by a nonfrivolous argument for the extension,
15

modification, or reversal of existing law or the
16

establishment of new law;
17

(D) the allegations and other factual contentions
18

do not have evidentiary support or, if specifically so
19

identified, are not likely to have evidentiary support
20

after a reasonable opportunity for further
21

investigation or discovery; or
22

(E) the denials of factual contentions are not
23

warranted on the evidence, or if specifically so
24

identified, are not reasonably based on a lack of
25

information or belief.
26

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

HB4559
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LRB104 17574 RLC 31002 b
1

of the Code of Criminal Procedure of 1963, a habeas corpus
2

action under Article X of the Code of Civil Procedure or
3

under federal law (28 U.S.C. 2254), a petition for claim
4

under the Court of Claims Act, an action under the federal
5

Civil Rights Act (42 U.S.C. 1983), or a second or
6

subsequent petition for post-conviction relief under
7

Article 122 of the Code of Criminal Procedure of 1963
8

whether filed with or without leave of court or a second or
9

subsequent petition for relief from judgment under Section
10

2-1401 of the Code of Civil Procedure.
11

(e) Nothing in Public Act 90-592 or 90-593 affects the
12
validity of Public Act 89-404.
13

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

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