CD CORR-SENTENCE CREDIT

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SB3333 - 104th General Assembly

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SB3333 Enrolled
LRB104 20218 RLC 33669 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
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

SB3333 Enrolled
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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

SB3333 Enrolled
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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

SB3333 Enrolled
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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

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
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.

SB3333 Enrolled
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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

SB3333 Enrolled
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LRB104 20218 RLC 33669 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.

SB3333 Enrolled
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LRB104 20218 RLC 33669 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

SB3333 Enrolled
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LRB104 20218 RLC 33669 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
. Calculation of this county program credit
10
shall be done at sentencing as provided in Section 5-4.5-100
11
of this Code and shall be included in the sentencing order. The
12
rules and regulations shall also provide that sentence credit
13
may be provided to an inmate who is in compliance with
14
programming requirements in an adult transition center.
15

(B) The Department shall award sentence credit under this
16
paragraph (4) accumulated prior to January 1, 2020 (the
17
effective date of Public Act 101-440) in an amount specified
18
in subparagraph (C) of this paragraph (4) to an inmate serving
19
a sentence for an offense committed prior to June 19, 1998, if
20
the Department determines that the inmate is entitled to this
21
sentence credit, based upon:
22

(i) documentation provided by the Department that the
23

inmate engaged in any full-time substance abuse programs,
24

correctional industry assignments, educational programs,
25

behavior modification programs, life skills courses, or
26

re-entry planning provided by the Department under this

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
1

paragraph (4) and satisfactorily completed the assigned
2

program as determined by the standards of the Department
3

during the inmate's current term of incarceration; or
4

(ii) the inmate's own testimony in the form of an
5

affidavit or documentation, or a third party's
6

documentation or testimony in the form of an affidavit
7

that the inmate likely engaged in any full-time substance
8

abuse programs, correctional industry assignments,
9

educational programs, behavior modification programs, life
10

skills courses, or re-entry planning provided by the
11

Department under paragraph (4) and satisfactorily
12

completed the assigned program as determined by the
13

standards of the Department during the inmate's current
14

term of incarceration.
15

(C) If the inmate can provide documentation that he or she
16
is entitled to sentence credit under subparagraph (B) in
17
excess of 45 days of participation in those programs, the
18
inmate shall receive 90 days of sentence credit. If the inmate
19
cannot provide documentation of more than 45 days of
20
participation in those programs, the inmate shall receive 45
21
days of sentence credit. In the event of a disagreement
22
between the Department and the inmate as to the amount of
23
credit accumulated under subparagraph (B), if the Department
24
provides documented proof of a lesser amount of days of
25
participation in those programs, that proof shall control. If
26
the Department provides no documentary proof, the inmate's

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
1
proof as set forth in clause (ii) of subparagraph (B) shall
2
control as to the amount of sentence credit provided.
3

(D) If the inmate has been convicted of a sex offense as
4
defined in Section 2 of the Sex Offender Registration Act,
5
sentencing credits under subparagraph (B) of this paragraph
6
(4) shall be awarded by the Department only if the conditions
7
set forth in paragraph (4.6) of subsection (a) are satisfied.
8
No inmate serving a term of natural life imprisonment shall
9
receive sentence credit under subparagraph (B) of this
10
paragraph (4).
11

(E) The rules and regulations shall provide for the
12
recalculation of program credits awarded pursuant to this
13
paragraph (4) prior to July 1, 2021 (the effective date of
14
Public Act 101-652) at the rate set for such credits on and
15
after July 1, 2021.
16

Educational, vocational, substance abuse, behavior
17
modification programs, life skills courses, re-entry planning,
18
and correctional industry programs under which sentence credit
19
may be earned under this paragraph (4) and paragraph (4.1) of
20
this subsection (a) shall be evaluated by the Department on
21
the basis of documented standards. The Department shall report
22
the results of these evaluations to the Governor and the
23
General Assembly by September 30th of each year. The reports
24
shall include data relating to the recidivism rate among
25
program participants.
26

Availability of these programs shall be subject to the

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
1
limits of fiscal resources appropriated by the General
2
Assembly for these purposes. Eligible inmates who are denied
3
immediate admission shall be placed on a waiting list under
4
criteria established by the Department. The rules and
5
regulations shall provide that a prisoner who has been placed
6
on a waiting list but is transferred for non-disciplinary
7
reasons before beginning a program shall receive priority
8
placement on the waitlist for appropriate programs at the new
9
facility. The inability of any inmate to become engaged in any
10
such programs by reason of insufficient program resources or
11
for any other reason established under the rules and
12
regulations of the Department shall not be deemed a cause of
13
action under which the Department or any employee or agent of
14
the Department shall be liable for damages to the inmate. The
15
rules and regulations shall provide that a prisoner who begins
16
an educational, vocational, substance abuse, work-release
17
programs or activities in accordance with Article 13 of
18
Chapter III of this Code, behavior modification program, life
19
skills course, re-entry planning, or correctional industry
20
programs but is unable to complete the program due to illness,
21
disability, transfer, lockdown, or another reason outside of
22
the prisoner's control shall receive prorated sentence credits
23
for the days in which the prisoner did participate.
24

(4.1) Except as provided in paragraph (4.7) of this
25
subsection (a), the rules and regulations shall also provide
26
that an additional 90 days of sentence credit shall be awarded

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
1
to any prisoner who passes high school equivalency testing
2
while the prisoner is committed to the Department of
3
Corrections. The sentence credit awarded under this paragraph
4
(4.1) shall be in addition to, and shall not affect, the award
5
of sentence credit under any other paragraph of this Section,
6
but shall also be pursuant to the guidelines and restrictions
7
set forth in paragraph (4) of subsection (a) of this Section.
8
The sentence credit provided for in this paragraph shall be
9
available only to those prisoners who have not previously
10
earned a high school diploma or a State of Illinois High School
11
Diploma. If, after an award of the high school equivalency
12
testing sentence credit has been made, the Department
13
determines that the prisoner was not eligible, then the award
14
shall be revoked. The Department may also award 90 days of
15
sentence credit to any committed person who passed high school
16
equivalency testing while he or she was held in pre-trial
17
detention prior to the current commitment to the Department of
18
Corrections. Except as provided in paragraph (4.7) of this
19
subsection (a), the rules and regulations shall provide that
20
an additional 120 days of sentence credit shall be awarded to
21
any prisoner who obtains an associate degree while the
22
prisoner is committed to the Department of Corrections,
23
regardless of the date that the associate degree was obtained,
24
including if prior to July 1, 2021 (the effective date of
25
Public Act 101-652). The sentence credit awarded under this
26
paragraph (4.1) shall be in addition to, and shall not affect,

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LRB104 20218 RLC 33669 b
1
the award of sentence credit under any other paragraph of this
2
Section, but shall also be under the guidelines and
3
restrictions set forth in paragraph (4) of subsection (a) of
4
this Section. The sentence credit provided for in this
5
paragraph (4.1) shall be available only to those prisoners who
6
have not previously earned an associate degree prior to the
7
current commitment to the Department of Corrections. If, after
8
an award of the associate degree sentence credit has been made
9
and the Department determines that the prisoner was not
10
eligible, then the award shall be revoked. The Department may
11
also award 120 days of sentence credit to any committed person
12
who earned an associate degree while he or she was held in
13
pre-trial detention prior to the current commitment to the
14
Department of 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 bachelor's degree while the prisoner is
19
committed to the Department of Corrections. The sentence
20
credit awarded under this paragraph (4.1) shall be in addition
21
to, and shall not affect, the award of sentence credit under
22
any other paragraph of this Section, but shall also be under
23
the guidelines and restrictions set forth in paragraph (4) of
24
this subsection (a). The sentence credit provided for in this
25
paragraph shall be available only to those prisoners who have
26
not earned a bachelor's degree prior to the current commitment

SB3333 Enrolled
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LRB104 20218 RLC 33669 b
1
to the Department of Corrections. If, after an award of the
2
bachelor's 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
bachelor's degree while he or she was held in pre-trial
7
detention prior to the current commitment to the Department of
8
Corrections.
9

Except as provided in paragraph (4.7) of this subsection
10
(a), the rules and regulations shall provide that an
11
additional 180 days of sentence credit shall be awarded to any
12
prisoner who obtains a master's or professional degree while
13
the prisoner is committed to the Department of Corrections.
14
The sentence credit awarded under this paragraph (4.1) shall
15
be in addition to, and shall not affect, the award of sentence
16
credit under any other paragraph of this Section, but shall
17
also be under the guidelines and restrictions set forth in
18
paragraph (4) of this subsection (a). The sentence credit
19
provided for in this paragraph shall be available only to
20
those prisoners who have not previously earned a master's or
21
professional degree prior to the current commitment to the
22
Department of Corrections. If, after an award of the master's
23
or professional degree sentence credit has been made, the
24
Department determines that the prisoner was not eligible, then
25
the award shall be revoked. The Department may also award 180
26
days of sentence credit to any committed person who earned a

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master's or professional degree while he or she was held in
2
pre-trial detention prior to the current commitment to the
3
Department of Corrections.
4

(4.2)(A) The rules and regulations shall also provide that
5
any prisoner
or inmate who was held in pretrial detention
6
prior to his or her confinement to the Department of
7
Corrections,
engaged in self-improvement programs, volunteer
8
work, or work assignments that are not otherwise eligible
9
activities under paragraph (4), shall receive up to 0.5 days
10
of sentence credit for each day in which the prisoner
or inmate

11
is engaged in activities described in this paragraph.
12

(B) The rules and regulations shall provide for the award
13
of sentence credit under this paragraph (4.2) for qualifying
14
days of engagement in eligible activities occurring prior to
15
July 1, 2021 (the effective date of Public Act 101-652).
16

(4.5) The rules and regulations on sentence credit shall
17
also provide that when the court's sentencing order recommends
18
a prisoner for substance abuse treatment and the crime was
19
committed on or after September 1, 2003 (the effective date of
20
Public Act 93-354), the prisoner shall receive no sentence
21
credit awarded under clause (3) of this subsection (a) unless
22
he or she participates in and completes a substance abuse
23
treatment program. The Director of Corrections may waive the
24
requirement to participate in or complete a substance abuse
25
treatment program in specific instances if the prisoner is not
26
a good candidate for a substance abuse treatment program for

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

(4.6) The rules and regulations on sentence credit shall
17
also provide that a prisoner who has been convicted of a sex
18
offense as defined in Section 2 of the Sex Offender
19
Registration Act shall receive no sentence credit unless he or
20
she either has successfully completed or is participating in
21
sex offender treatment as defined by the Sex Offender
22
Management Board. However, prisoners who are waiting to
23
receive treatment, but who are unable to do so due solely to
24
the lack of resources on the part of the Department, may, at
25
either Director's sole discretion, be awarded sentence credit
26
at a rate as the Director shall determine.

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(4.7) On or after January 1, 2018 (the effective date of
2
Public Act 100-3), sentence credit under paragraph (3), (4),
3
or (4.1) of this subsection (a) may be awarded to a prisoner
4
who is serving a sentence for an offense described in
5
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
6
on or after January 1, 2018 (the effective date of Public Act
7
100-3); provided, the award of the credits under this
8
paragraph (4.7) shall not reduce the sentence of the prisoner
9
to less than the following amounts:
10

(i) 85% of his or her sentence if the prisoner is
11

required to serve 85% of his or her sentence; or
12

(ii) 60% of his or her sentence if the prisoner is
13

required to serve 75% of his or her sentence, except if the
14

prisoner is serving a sentence for gunrunning his or her
15

sentence shall not be reduced to less than 75%.
16

(iii) 100% of his or her sentence if the prisoner is
17

required to serve 100% of his or her sentence.
18

(5) Whenever the Department is to release any inmate
19
earlier than it otherwise would because of a grant of earned
20
sentence credit under paragraph (3) of subsection (a) of this
21
Section given at any time during the term, the Department
22
shall give reasonable notice of the impending release not less
23
than 14 days prior to the date of the release to the State's
24
Attorney of the county where the prosecution of the inmate
25
took place, and if applicable, the State's Attorney of the
26
county into which the inmate will be released. The Department

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

(b) Whenever a person is or has been committed under
14
several convictions, with separate sentences, the sentences
15
shall be construed under Section 5-8-4 in granting and
16
forfeiting of sentence credit.
17

(c) (1) The Department shall prescribe rules and
18
regulations for revoking sentence credit, including revoking
19
sentence credit awarded under paragraph (3) of subsection (a)
20
of this Section. The Department shall prescribe rules and
21
regulations establishing and requiring the use of a sanctions
22
matrix for revoking sentence credit. The Department shall
23
prescribe rules and regulations for suspending or reducing the
24
rate of accumulation of sentence credit for specific rule
25
violations, during imprisonment. These rules and regulations
26
shall provide that no inmate may be penalized more than one

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1
year of sentence credit for any one infraction.
2

(2) When the Department seeks to revoke, suspend, or
3
reduce the rate of accumulation of any sentence credits for an
4
alleged infraction of its rules, it shall bring charges
5
therefor against the prisoner sought to be so deprived of
6
sentence credits before the Prisoner Review Board as provided
7
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8
amount of credit at issue exceeds 30 days, whether from one
9
infraction or cumulatively from multiple infractions arising
10
out of a single event, or when, during any 12-month period, the
11
cumulative amount of credit revoked exceeds 30 days except
12
where the infraction is committed or discovered within 60 days
13
of scheduled release. In those cases, the Department of
14
Corrections may revoke up to 30 days of sentence credit. The
15
Board may subsequently approve the revocation of additional
16
sentence credit, if the Department seeks to revoke sentence
17
credit in excess of 30 days. However, the Board shall not be
18
empowered to review the Department's decision with respect to
19
the loss of 30 days of sentence credit within any calendar year
20
for any prisoner or to increase any penalty beyond the length
21
requested by the Department.
22

(3) The Director of Corrections or the Director of
23
Juvenile Justice, in appropriate cases, may restore sentence
24
credits which have been revoked, suspended, or reduced. The
25
Department shall prescribe rules and regulations governing the
26
restoration of sentence credits. These rules and regulations

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1
shall provide for the automatic restoration of sentence
2
credits following a period in which the prisoner maintains a
3
record without a disciplinary violation.
4

Nothing contained in this Section shall prohibit the
5
Prisoner Review Board from ordering, pursuant to Section
6
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
7
sentence imposed by the court that was not served due to the
8
accumulation of sentence credit.
9

(d) If a lawsuit is filed by a prisoner in an Illinois or
10
federal court against the State, the Department of
11
Corrections, or the Prisoner Review Board, or against any of
12
their officers or employees, and the court makes a specific
13
finding that a pleading, motion, or other paper filed by the
14
prisoner is frivolous, the Department of Corrections shall
15
conduct a hearing to revoke up to 180 days of sentence credit
16
by bringing charges against the prisoner sought to be deprived
17
of the sentence credits before the Prisoner Review Board as
18
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
19
If the prisoner has not accumulated 180 days of sentence
20
credit at the time of the finding, then the Prisoner Review
21
Board may revoke all sentence credit accumulated by the
22
prisoner.
23

For purposes of this subsection (d):
24

(1) "Frivolous" means that a pleading, motion, or
25

other filing which purports to be a legal document filed
26

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

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1

following criteria:
2

(A) it lacks an arguable basis either in law or in
3

fact;
4

(B) it is being presented for any improper
5

purpose, such as to harass or to cause unnecessary
6

delay or needless increase in the cost of litigation;
7

(C) the claims, defenses, and other legal
8

contentions therein are not warranted by existing law
9

or by a nonfrivolous argument for the extension,
10

modification, or reversal of existing law or the
11

establishment of new law;
12

(D) the allegations and other factual contentions
13

do not have evidentiary support or, if specifically so
14

identified, are not likely to have evidentiary support
15

after a reasonable opportunity for further
16

investigation or discovery; or
17

(E) the denials of factual contentions are not
18

warranted on the evidence, or if specifically so
19

identified, are not reasonably based on a lack of
20

information or belief.
21

(2) "Lawsuit" means a motion pursuant to Section 116-3
22

of the Code of Criminal Procedure of 1963, a habeas corpus
23

action under Article X of the Code of Civil Procedure or
24

under federal law (28 U.S.C. 2254), a petition for claim
25

under the Court of Claims Act, an action under the federal
26

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

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subsequent petition for post-conviction relief under
2

Article 122 of the Code of Criminal Procedure of 1963
3

whether filed with or without leave of court or a second or
4

subsequent petition for relief from judgment under Section
5

2-1401 of the Code of Civil Procedure.
6

(e) Nothing in Public Act 90-592 or 90-593 affects the
7
validity of Public Act 89-404.
8

(f) Whenever the Department is to release any inmate who
9
has been convicted of a violation of an order of protection
10
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11
the Criminal Code of 2012, earlier than it otherwise would
12
because of a grant of sentence credit, the Department, as a
13
condition of release, shall require that the person, upon
14
release, be placed under electronic surveillance as provided
15
in Section 5-8A-7 of this Code.
16
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
17
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
18
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
19
eff. 7-1-24; 103-822, eff. 1-1-25
.)

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