CD CORR-SENTENCE CREDITS

Illinois General Assembly - Full Text of SB3354

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3354

Introduced 2/4/2026, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-3
730 ILCS 5/3-6-3.2 new

Provides that the Act may be referred to as the Credit for Change Act.
Amends the Unified Code of Corrections. Eliminates provisions that a
person must serve various percentages for particular offenses. Provides
that the rules and regulations shall provide that the individual in
custody shall receive one day of sentence credit for each day of service in
prison other than when a sentence of natural life imprisonment has been
imposed. Provides that each day of sentence credit shall reduce by one day
the incarcerated person's period of incarceration set by the court.
Provides that within 6 months after the effective date of the amendatory
Act, the Department of Corrections shall recalculate each incarcerated
person's release date irrespective of the incarcerated person's conviction
or sentencing date by crediting each person one day sentence credit for
each day the incarcerated person has spent in prison on the current
sentence. Provides that the Department shall award sentence credit
accumulated prior to the effective date of the amendatory Act in a
specified amount to a committed person serving a sentence for an offense
committed after June 19, 1998, if the Department determines that the
committed person is entitled to this sentence credit, based upon certain
specified factors. Provides that the Department, in consultation with the
Advisory Board, shall make available to all persons in its custody current
materials about sentence credits, containing detailed information
regarding eligibility, earning, revocation, calculation, and documentation
of credit, in the following formats: (1) in print; (2) on the Department's
website; and (3) in a visible location on the premises of each Department
facility where notices are customarily posted. Makes technical changes.
Effective January 1, 2027.
LRB104 19676 RLC 33125 b

A BILL FOR

SB3354
LRB104 19676 RLC 33125 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 1.
Short title.
This Act may be referred to as the
5
Credit for Change Act.

6

Section 3.
Legislative declarations.
7

(a) The General Assembly finds and declares that:
8

(1) Public safety is strengthened when people have
9

meaningful opportunities to change, and research
10

consistently demonstrates that rehabilitation, education,
11

and pro social skill building reduce harm and promote
12

long-term community safety.
13

(2) Every person is capable of growth, and the State
14

of Illinois has a compelling interest in recognizing,
15

supporting, and rewarding positive behavioral change by
16

allowing individuals to earn sentencing credit for the
17

work they undertake to transform their lives.
18

(3) Recent polling conducted by the Vera Institute of
19

Justice confirms that Illinois residents strongly support
20

policies that reward rehabilitation and changed behavior,
21

reflecting a broad public mandate for evidence-based,
22

smart on crime approaches.
23

(4) Survivors of harm consistently express that what

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1

they want most is changed behavior, accountability, and
2

conditions that prevent future harm, and honoring
3

survivors requires the State to incentivize participation
4

in rehabilitative, educational, and therapeutic
5

programming that fosters genuine transformation.
6

(5) The Department of Corrections is in a state of
7

crisis, facing billions of dollars in deferred maintenance
8

along with decades-long unsustainable staff/incarcerated
9

person ratios that have not been resolved through hiring,
10

and which jeopardize the safety and well-being of both
11

staff and incarcerated people, and responsibly
12

depopulating facilities by awarding earned sentencing
13

credit for demonstrated change is a necessary and
14

effective strategy to stabilize the system by centering
15

the well-being and protection all who live and work within
16

it.
17

(6) Racial inequities in Illinois' current sentencing
18

and sentencing credit structure result in Black people and
19

other people of color being disproportionately excluded
20

from earning day-for-day sentence credit, and ensuring
21

that all incarcerated people can earn equal credit for
22

equal positive behavior is essential to advancing racial
23

justice and restoring fairness.
24

(7) Illinois' sentencing framework is outdated, overly
25

harsh, and out of step with national standards, making
26

Illinois one of only two states that failed to reduce

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1

sentencing brackets when limiting incarcerated people's
2

eligibility to earn sentence credit, and states across the
3

political spectrum-including Wyoming and Virginia-have
4

adopted or are adopting more modern, rehabilitative, and
5

safety-oriented earned credit policies.
6

(b) It is the intent of the General Assembly to enact the
7
Credit for Change Act in order to expand access to earned
8
sentencing credit and focus on the well-being of staff as well
9
as those incarcerated, and align Illinois with proven,
10
equitable, and safety-enhancing practices that recognize and
11
reward the capacity for human change.

12

Section 5.
The Unified Code of Corrections is amended by
13
changing Section 3-6-3 and adding Section 3-6-3.2 as follows:

14

(730 ILCS 5/3-6-3)
15

Sec. 3-6-3.
Rules and regulations for sentence credit.
16

(a)(1) The Department of Corrections shall prescribe rules
17
and regulations for awarding and revoking sentence credit for
18
persons committed to the Department of Corrections and the
19
Department of Juvenile Justice shall prescribe rules and
20
regulations for awarding and revoking sentence credit for
21
persons committed to the Department of Juvenile Justice under
22
Section 5-8-6 of the Unified Code of Corrections, which shall
23
be subject to review by the Prisoner Review Board.
24

(1.5) As otherwise provided by law, sentence credit may be

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1
awarded for the following:
2

(A) successful completion of programming while in
3

custody of the Department of Corrections or the Department
4

of Juvenile Justice or while in custody prior to
5

sentencing;
6

(B) compliance with the rules and regulations of the
7

Department; or
8

(C) service to the institution, service to a
9

community, or service to the State.
10

(2)
The rules and regulations shall provide that the
11
individual in custody shall receive one day of sentence credit
12
for each day of service in prison other than when a sentence of
13
natural life imprisonment has been imposed. Each day of
14
sentence credit shall reduce by one day the incarcerated
15
person's period of incarceration set by the court.

Except as
16
provided in paragraph (4.7) of this subsection (a), the rules
17
and regulations on sentence credit shall provide, with respect
18
to offenses listed in clause (i), (ii), or (iii) of this
19
paragraph (2) committed on or after June 19, 1998 or with
20
respect to the offense listed in clause (iv) of this paragraph
21
(2) committed on or after June 23, 2005 (the effective date of
22
Public Act 94-71) or with respect to offense listed in clause
23
(vi) committed on or after June 1, 2008 (the effective date of
24
Public Act 95-625) or with respect to the offense of unlawful
25
possession of a firearm by a repeat felony offender committed
26
on or after August 2, 2005 (the effective date of Public Act

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1
94-398) or with respect to the offenses listed in clause (v) of
2
this paragraph (2) committed on or after August 13, 2007 (the
3
effective date of Public Act 95-134) or with respect to the
4
offense of aggravated domestic battery committed on or after
5
July 23, 2010 (the effective date of Public Act 96-1224) or
6
with respect to the offense of attempt to commit terrorism
7
committed on or after January 1, 2013 (the effective date of
8
Public Act 97-990), the following:
9

(i) that a prisoner who is serving a term of
10

imprisonment for first degree murder or for the offense of
11

terrorism shall receive no sentence credit and shall serve
12

the entire sentence imposed by the court;
13

(ii) that a prisoner serving a sentence for attempt to
14

commit terrorism, attempt to commit first degree murder,
15

solicitation of murder, solicitation of murder for hire,
16

intentional homicide of an unborn child, predatory
17

criminal sexual assault of a child, aggravated criminal
18

sexual assault, criminal sexual assault, aggravated
19

kidnapping, aggravated battery with a firearm as described
20

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
21

or (e)(4) of Section 12-3.05, heinous battery as described
22

in Section 12-4.1 or subdivision (a)(2) of Section
23

12-3.05, unlawful possession of a firearm by a repeat
24

felony offender, aggravated battery of a senior citizen as
25

described in Section 12-4.6 or subdivision (a)(4) of
26

Section 12-3.05, or aggravated battery of a child as

SB3354
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1

described in Section 12-4.3 or subdivision (b)(1) of
2

Section 12-3.05 shall receive no more than 4.5 days of
3

sentence credit for each month of his or her sentence of
4

imprisonment;
5

(iii) that a prisoner serving a sentence for home
6

invasion, armed robbery, aggravated vehicular hijacking,
7

aggravated discharge of a firearm, or armed violence with
8

a category I weapon or category II weapon, when the court
9

has made and entered a finding, pursuant to subsection
10

(c-1) of Section 5-4-1 of this Code, that the conduct
11

leading to conviction for the enumerated offense resulted
12

in great bodily harm to a victim, shall receive no more
13

than 4.5 days of sentence credit for each month of his or
14

her sentence of imprisonment;
15

(iv) that a prisoner serving a sentence for aggravated
16

discharge of a firearm, whether or not the conduct leading
17

to conviction for the offense resulted in great bodily
18

harm to the victim, shall receive no more than 4.5 days of
19

sentence credit for each month of his or her sentence of
20

imprisonment;
21

(v) that a person serving a sentence for gunrunning,
22

narcotics racketeering, controlled substance trafficking,
23

methamphetamine trafficking, drug-induced homicide,
24

aggravated methamphetamine-related child endangerment,
25

money laundering pursuant to clause (c) (4) or (5) of
26

Section 29B-1 of the Criminal Code of 1961 or the Criminal

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1

Code of 2012, or a Class X felony conviction for delivery
2

of a controlled substance, possession of a controlled
3

substance with intent to manufacture or deliver,
4

calculated criminal drug conspiracy, criminal drug
5

conspiracy, street gang criminal drug conspiracy,
6

participation in methamphetamine manufacturing,
7

aggravated participation in methamphetamine
8

manufacturing, delivery of methamphetamine, possession
9

with intent to deliver methamphetamine, aggravated
10

delivery of methamphetamine, aggravated possession with
11

intent to deliver methamphetamine, methamphetamine
12

conspiracy when the substance containing the controlled
13

substance or methamphetamine is 100 grams or more shall
14

receive no more than 7.5 days sentence credit for each
15

month of his or her sentence of imprisonment;
16

(vi) that a prisoner serving a sentence for a second
17

or subsequent offense of luring a minor shall receive no
18

more than 4.5 days of sentence credit for each month of his
19

or her sentence of imprisonment; and
20

(vii) that a prisoner serving a sentence for
21

aggravated domestic battery shall receive no more than 4.5
22

days of sentence credit for each month of his or her
23

sentence of imprisonment.
24

(2.1)
Within 6 months after the effective date of this
25
amendatory Act of the 104th General Assembly, the Department
26
of Corrections shall recalculate each incarcerated person's

SB3354
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LRB104 19676 RLC 33125 b
1
release date irrespective of the incarcerated person's
2
conviction or sentencing date by crediting each person one day
3
of sentence credit for each day the incarcerated person has
4
spent in prison on the current sentence.
For all offenses
,
5
other than those enumerated in subdivision (a)(2)(i), (ii), or
6
(iii) committed on or after June 19, 1998 or subdivision
7
(a)(2)(iv) committed on or after June 23, 2005 (the effective
8
date of Public Act 94-71) or subdivision (a)(2)(v) committed
9
on or after August 13, 2007 (the effective date of Public Act
10
95-134) or subdivision (a)(2)(vi) committed on or after June
11
1, 2008 (the effective date of Public Act 95-625) or
12
subdivision (a)(2)(vii) committed on or after July 23, 2010
13
(the effective date of Public Act 96-1224), and other than the
14
offense of aggravated driving under the influence of alcohol,
15
other drug or drugs, or intoxicating compound or compounds, or
16
any combination thereof as defined in subparagraph (F) of
17
paragraph (1) of subsection (d) of Section 11-501 of the
18
Illinois Vehicle Code, and other than the offense of
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),
the rules and
25
regulations shall provide that
an incarcerated person

a
26
prisoner
who is serving a term of imprisonment shall receive

SB3354
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LRB104 19676 RLC 33125 b
1
one day of sentence credit for each day of his or her sentence
2
of imprisonment or recommitment under Section 3-3-9. Each day
3
of sentence credit shall reduce by one day the
incarcerated
4
person's

prisoner's
period of imprisonment or recommitment
5
under Section 3-3-9.
6

(2.2)
An incarcerated person

A prisoner
serving a term of
7
natural life imprisonment shall
be eligible to accumulate
8
sentencing credit if his or her sentence is reduced to less
9
than a sentence of natural life imprisonment, which shall be
10
credited toward his or her new sentence

receive no sentence
11
credit
.
12

(2.3)
(Blank).

Except as provided in paragraph (4.7) of
13
this subsection (a), the rules and regulations on sentence
14
credit shall provide that a prisoner who is serving a sentence
15
for aggravated driving under the influence of alcohol, other
16
drug or drugs, or intoxicating compound or compounds, or any
17
combination thereof as defined in subparagraph (F) of
18
paragraph (1) of subsection (d) of Section 11-501 of the
19
Illinois Vehicle Code, shall receive no more than 4.5 days of
20
sentence credit for each month of his or her sentence of
21
imprisonment.
22

(2.4)
(Blank).

Except as provided in paragraph (4.7) of
23
this subsection (a), the rules and regulations on sentence
24
credit shall provide with respect to the offenses of
25
aggravated battery with a machine gun or a firearm equipped
26
with any device or attachment designed or used for silencing

SB3354
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LRB104 19676 RLC 33125 b
1
the report of a firearm or aggravated discharge of a machine
2
gun or a firearm equipped with any device or attachment
3
designed or used for silencing the report of a firearm,
4
committed on or after July 15, 1999 (the effective date of
5
Public Act 91-121), that a prisoner serving a sentence for any
6
of these offenses shall receive no more than 4.5 days of
7
sentence credit for each month of his or her sentence of
8
imprisonment.
9

(2.5)
(Blank).

Except as provided in paragraph (4.7) of
10
this subsection (a), the rules and regulations on sentence
11
credit shall provide that a prisoner who is serving a sentence
12
for 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)
(Blank).

Except as provided in paragraph (4.7) of
17
this subsection (a), the rules and regulations on sentence
18
credit shall provide that a prisoner who is serving a sentence
19
for aggravated driving under the influence of alcohol, other
20
drug 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 19676 RLC 33125 b
1

(3) In addition to the sentence credits earned under
2
paragraphs
(2),
(2.1), (4), (4.1),
and
(4.2)
, and (4.7)
of
3
this subsection (a), the rules and regulations shall also
4
provide that the Director of Corrections or the Director of
5
Juvenile Justice may award up to 180 days of earned sentence
6
credit for
incarcerated persons

prisoners
serving a sentence
7
of incarceration of less than 5 years, and up to 365 days of
8
earned sentence credit for
incarcerated persons

prisoners

9
serving a sentence of 5 years or longer. The Director may grant
10
this credit for good conduct in specific instances as either
11
Director deems proper for eligible persons in the custody of
12
each Director's respective Department. The good conduct may
13
include, but is not limited to, compliance with the rules and
14
regulations of the Department, service to the Department,
15
service to a community, or service to the State.
16

Incarcerated persons eligible

Eligible inmates
for an
17
award of earned sentence credit under this paragraph (3) may
18
be selected to receive the credit at either Director's or his
19
or her designee's sole discretion. Eligibility for the
20
additional earned sentence credit under this paragraph (3) may
21
be based on, but is not limited to, participation in
22
programming offered by the Department as appropriate for the
23
incarcerated person

prisoner
based on the results of any
24
available risk/needs assessment or other relevant assessments
25
or evaluations administered by the Department using a
26
validated instrument, the circumstances of the crime,

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1
demonstrated commitment to rehabilitation by
an incarcerated
2
person

a prisoner
with a history of conviction for a forcible
3
felony enumerated in Section 2-8 of the Criminal Code of 2012,
4
the
incarcerated person's

inmate's
behavior and improvements
5
in disciplinary history while incarcerated, and the
6
incarcerated person's

inmate's
commitment to rehabilitation,
7
including participation in programming offered by the
8
Department.
9

The Director of Corrections or the Director of Juvenile
10
Justice shall not award sentence credit under this paragraph
11
(3) to an
incarcerated person

inmate
unless the
incarcerated
12
person

inmate
has served a minimum of 60 days of the sentence,
13
including time served in a county jail; except nothing in this
14
paragraph shall be construed to permit either Director to
15
extend an
incarcerated person's

inmate's
sentence beyond that
16
which was imposed by the court. Prior to awarding credit under
17
this paragraph (3), each Director shall make a written
18
determination that the
incarcerated person

inmate
:
19

(A) is eligible for the earned sentence credit;
20

(B) has served a minimum of 60 days, or as close to 60
21

days as the sentence will allow;
22

(B-1) has received a risk/needs assessment or other
23

relevant evaluation or assessment administered by the
24

Department using a validated instrument; and
25

(C) has met the eligibility criteria established by
26

rule for earned sentence credit.

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LRB104 19676 RLC 33125 b
1

The Director of Corrections or the Director of Juvenile
2
Justice shall determine the form and content of the written
3
determination required in this subsection.
4

(3.5) The Department shall provide annual written reports
5
to the Governor and the General Assembly on the award of earned
6
sentence credit no later than February 1 of each year. The
7
Department must publish both reports on its website within 48
8
hours of transmitting the reports to the Governor and the
9
General Assembly. The reports must include:
10

(A) the number of
incarcerated persons

inmates
awarded
11

earned sentence credit;
12

(B) the average amount of earned sentence credit
13

awarded;
14

(C) the holding offenses of
incarcerated persons

15

inmates
awarded earned sentence credit; and
16

(D) the number of earned sentence credit revocations.
17

(4)(A)
The

Except as provided in paragraph (4.7) of this
18
subsection (a), the
rules and regulations shall also provide
19
that any
incarcerated person

prisoner
who is engaged full-time
20
in substance abuse programs, correctional industry
21
assignments, educational programs, work-release programs or
22
activities in accordance with Article 13 of Chapter III of
23
this Code, behavior modification programs, life skills
24
courses, or re-entry planning provided by the Department under
25
this paragraph (4)
and satisfactorily completes the assigned
26
program as determined by the standards of the Department,

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LRB104 19676 RLC 33125 b
1
shall receive one day of sentence credit for each day in which
2
that
incarcerated person

prisoner
is engaged in the activities
3
described in this paragraph. The rules and regulations shall
4
also provide that sentence credit may be provided to an
5
incarcerated person

inmate
who was held in pre-trial detention
6
prior to his or her current commitment to the Department of
7
Corrections and successfully completed a full-time, 60-day or
8
longer substance abuse program, educational program, behavior
9
modification program, life skills course, or re-entry planning
10
provided by the county department of corrections or county
11
jail. Calculation of this county program credit shall be done
12
at sentencing as provided in Section 5-4.5-100 of this Code
13
and shall be included in the sentencing order. The rules and
14
regulations shall also provide that sentence credit may be
15
provided to an
incarcerated person

inmate
who is in compliance
16
with programming requirements in an adult transition center.
17

(B) The Department shall award sentence credit under this
18
paragraph (4) accumulated prior to January 1, 2020 (the
19
effective date of Public Act 101-440) in an amount specified
20
in subparagraph (C) of this paragraph (4) to an
incarcerated
21
person

inmate
serving a sentence for an offense committed
22
prior to June 19, 1998, if the Department determines that the
23
incarcerated person

inmate
is entitled to this sentence
24
credit, based upon:
25

(i) documentation provided by the Department that the
26

incarcerated person

inmate
engaged in any full-time

SB3354
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LRB104 19676 RLC 33125 b
1

substance abuse programs, correctional industry
2

assignments, educational programs, behavior modification
3

programs, life skills courses, or re-entry planning
4

provided by the Department under this paragraph (4)
and
5

satisfactorily completed the assigned program as
6

determined by the standards of the Department
during the
7

incarcerated person's

inmate's
current term of
8

incarceration; or
9

(ii) the
incarcerated person's

inmate's
own testimony
10

in the form of an affidavit or documentation, or a third
11

party's documentation or testimony in the form of an
12

affidavit that the
incarcerated person

inmate
likely
13

engaged in any full-time substance abuse programs,
14

correctional industry assignments, educational programs,
15

behavior modification programs, life skills courses, or
16

re-entry planning provided by the Department under
17

paragraph (4)
and satisfactorily completed the assigned
18

program as determined by the standards of the Department

19

during the
incarcerated person's

inmate's
current term of
20

incarceration.
21

(C) If the
incarcerated person

inmate
can provide
22
documentation that he or she is entitled to sentence credit
23
under subparagraph (B) in excess of 45 days of participation
24
in those programs, the
incarcerated person

inmate
shall
25
receive 90 days of sentence credit. If the
incarcerated person

26
inmate
cannot provide documentation of more than 45 days of

SB3354
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LRB104 19676 RLC 33125 b
1
participation in those programs, the
incarcerated person

2
inmate
shall receive 45 days of sentence credit. In the event
3
of a disagreement between the Department and the
incarcerated
4
person

inmate
as to the amount of credit accumulated under
5
subparagraph (B), if the Department provides documented proof
6
of a lesser amount of days of participation in those programs,
7
that proof shall control. If the Department provides no
8
documentary proof, the
incarcerated person's

inmate's
proof as
9
set forth in clause (ii) of subparagraph (B) shall control as
10
to the amount of sentence credit provided.
11

(D)
(Blank).

If the inmate has been convicted of a sex
12
offense as defined in Section 2 of the Sex Offender
13
Registration Act, sentencing credits under subparagraph (B) of
14
this paragraph (4) shall be awarded by the Department only if
15
the conditions set forth in paragraph (4.6) of subsection (a)
16
are satisfied. No inmate serving a term of natural life
17
imprisonment shall receive sentence credit under subparagraph
18
(B) of this paragraph (4).
19

(E) The rules and regulations shall provide for the
20
calculation and award

recalculation
of program credits
earned

21
awarded
pursuant to this paragraph (4) prior to July 1, 2021
22
(the effective date of Public Act 101-652) at the rate set for
23
such credits on and after July 1, 2021.
24

Educational, vocational, substance abuse, behavior
25
modification programs, life skills courses, re-entry planning,
26
and correctional industry programs under which sentence credit

SB3354
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1
may be earned under this paragraph (4) and paragraph (4.1) of
2
this subsection (a) shall be evaluated by the Department on
3
the basis of documented standards. The Department shall report
4
the results of these evaluations to the Governor and the
5
General Assembly by September 30th of each year. The reports
6
shall include data relating to the recidivism rate among
7
program participants.
8

Availability of these programs shall be subject to the
9
limits of fiscal resources appropriated by the General
10
Assembly for these purposes. Eligible
incarcerated persons

11
inmates
who are denied immediate admission shall be placed on
12
a waiting list under criteria established by the Department.
13
The rules and regulations shall provide that
an incarcerated
14
person

a prisoner
who has been placed on a waiting list but is
15
transferred for non-disciplinary reasons before beginning a
16
program shall receive priority placement on the waitlist for
17
appropriate programs at the new facility. The inability of any
18
incarcerated person

inmate
to become engaged in any such
19
programs by reason of insufficient program resources or for
20
any other reason established under the rules and regulations
21
of the Department shall not be deemed a cause of action under
22
which the Department or any employee or agent of the
23
Department shall be liable for damages to the
incarcerated
24
person

inmate
. The rules and regulations shall provide that
an
25
incarcerated person

a prisoner
who begins an educational,
26
vocational, substance abuse, work-release programs or

SB3354
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1
activities in accordance with Article 13 of Chapter III of
2
this Code, behavior modification program, life skills course,
3
re-entry planning, or correctional industry programs but is
4
unable to complete the program
due to illness, disability,
5
transfer, lockdown, or another reason outside of the

6
prisoner's control
shall receive prorated sentence credits for
7
the days in which the
incarcerated person

prisoner
did
8
participate.
9

(F) The Department shall award sentence credit under this
10
paragraph (4) accumulated prior to the effective date of this
11
amendatory Act of the 104th General Assembly in an amount
12
specified in subparagraph (G) of this paragraph (4) to a
13
committed person serving a sentence for an offense committed
14
after June 19, 1998, if the Department determines that the
15
committed person is entitled to this sentence credit, based
16
upon:

17

(i) documentation provided by the Department that the
18

committed person engaged in any full-time substance abuse
19

programs, correctional industry assignments, educational
20

programs, behavior modification programs, life skills
21

courses, or re-entry planning provided by the Department
22

under this paragraph (4) and satisfactorily completed the
23

assigned program as determined by the standards of the
24

Department during the committed person's current term of
25

incarceration; or

26

(ii) the committed person's own testimony in the form

SB3354
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1

of an affidavit or documentation, or a third party's
2

documentation or testimony in the form of an affidavit
3

that the committed person likely engaged in any full-time
4

substance abuse programs, correctional industry
5

assignments, educational programs, behavior modification
6

programs, life skills courses, or re-entry planning
7

provided by the Department under paragraph (4) and
8

satisfactorily completed the assigned program as
9

determined by the standards of the Department during the
10

committed person's current term of incarceration.

11

(G) If the committed person can provide documentation that
12
he or she is entitled to sentence credit under subparagraph
13
(F), the committed person shall receive such sentence credit.
14
If the committed person cannot provide documentation of
15
participation in those programs, the committed person shall
16
receive up to 0.5 days of sentence credit for each day of
17
participation in such a program. In the event of a
18
disagreement between the Department and the committed person
19
as to the amount of credit accumulated under subparagraph (F),
20
if the Department provides documented proof of a lesser amount
21
of days of participation in those programs, that proof shall
22
control. If the Department provides no documentary proof, the
23
committed person's proof as set forth in clause (ii) of
24
subparagraph (F) shall control as to the amount of sentence
25
credit provided.

26

(4.1) Except as provided in paragraph (4.7) of this

SB3354
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LRB104 19676 RLC 33125 b
1
subsection (a), the rules and regulations shall also provide
2
that an additional 90 days of sentence credit shall be awarded
3
to any
incarcerated person

prisoner
who passes high school
4
equivalency testing while the
incarcerated person

prisoner
is
5
committed to the Department of Corrections. The sentence
6
credit awarded under this paragraph (4.1) shall be in addition
7
to, and shall not affect, the award of sentence credit under
8
any other paragraph of this Section, but shall also be
9
pursuant to the guidelines and restrictions set forth in
10
paragraph (4) of subsection (a) of this Section. The sentence
11
credit provided for in this paragraph shall be available only
12
to those
incarcerated persons

prisoners
who have not
13
previously earned a high school diploma or a State of Illinois
14
High School Diploma. If, after an award of the high school
15
equivalency testing sentence credit has been made, the
16
Department determines that the
incarcerated person

prisoner

17
was not eligible, then the award shall be revoked. The
18
Department may also award 90 days of sentence credit to any
19
committed person who passed high school equivalency testing
20
while he or she was held in pre-trial detention prior to the
21
current commitment to the Department of Corrections. Except as
22
provided in paragraph (4.7) of this subsection (a), the rules
23
and regulations shall provide that an additional 120 days of
24
sentence credit shall be awarded to any
incarcerated person

25
prisoner
who obtains an associate degree while the
26
incarcerated person

prisoner
is committed to the Department of

SB3354
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LRB104 19676 RLC 33125 b
1
Corrections, regardless of the date that the associate degree
2
was obtained, including if prior to July 1, 2021 (the
3
effective date of Public Act 101-652). The sentence credit
4
awarded under this paragraph (4.1) shall be in addition to,
5
and shall not affect, the award of sentence credit under any
6
other paragraph of this Section, but shall also be under the
7
guidelines and restrictions set forth in paragraph (4) of
8
subsection (a) of this Section.
The sentence credit provided
9
for in this paragraph (4.1) shall be available only to those
10
prisoners who have not previously earned an associate degree
11
prior to the current commitment to the Department of
12
Corrections. If, after an award of the associate degree
13
sentence credit has been made and the Department determines
14
that the prisoner was not eligible, then the award shall be
15
revoked.
The Department may also award 120 days of sentence
16
credit to any committed person who earned an associate degree
17
while he or she was held in pre-trial detention prior to the
18
current commitment to the Department of Corrections.
19

Except as provided in paragraph (4.7) of this subsection
20
(a), the rules and regulations shall provide that an
21
additional 180 days of sentence credit shall be awarded to any
22
incarcerated person

prisoner
who obtains a bachelor's degree
23
while the
incarcerated person

prisoner
is committed to the
24
Department of Corrections. The sentence credit awarded under
25
this paragraph (4.1) shall be in addition to, and shall not
26
affect, the award of sentence credit under any other paragraph

SB3354
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LRB104 19676 RLC 33125 b
1
of this Section, but shall also be under the guidelines and
2
restrictions set forth in paragraph (4) of this subsection
3
(a).
The sentence credit provided for in this paragraph shall
4
be available only to those prisoners who have not earned a
5
bachelor's degree prior to the current commitment to the
6
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
incarcerated person

prisoner
who obtains a master's or
18
professional degree while the
incarcerated person

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 previously earned a master's or professional degree prior

SB3354
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LRB104 19676 RLC 33125 b
1
to the current commitment to the Department of Corrections.
2
If, after an award of the master's or professional degree
3
sentence credit has been made, the Department determines that
4
the prisoner was not eligible, then the award shall be
5
revoked.
The Department may also award 180 days of sentence
6
credit to any committed person who earned a master's or
7
professional degree while he or she was held in pre-trial
8
detention prior to the current commitment to the Department of
9
Corrections.
10

(4.2)(A) The rules and regulations shall also provide that
11
any
incarcerated person

prisoner
engaged in self-improvement
12
programs, volunteer work, or work assignments that are not
13
otherwise eligible activities under paragraph (4), shall
14
receive up to 0.5 days of sentence credit for each day in which
15
the
incarcerated person

prisoner
is engaged in activities
16
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

SB3354
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LRB104 19676 RLC 33125 b
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

SB3354
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LRB104 19676 RLC 33125 b
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)
(Blank).

On or after January 1, 2018 (the effective
7
date of Public Act 100-3), sentence credit under paragraph
8
(3), (4), or (4.1) of this subsection (a) may be awarded to a
9
prisoner 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
incarcerated
24
person

inmate
earlier than it otherwise would because of a
25
grant of earned sentence credit under paragraph (3) of
26
subsection (a) of this Section given at any time during the

SB3354
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LRB104 19676 RLC 33125 b
1
term, the Department shall give reasonable notice of the
2
impending release not less than 14 days prior to the date of
3
the release to the State's Attorney of the county where the
4
prosecution of the
incarcerated person

inmate
took place, and
5
if applicable, the State's Attorney of the county into which
6
the
incarcerated person

inmate
will be released. The
7
Department must also make identification information and a
8
recent photo of the
incarcerated person

inmate
being released
9
accessible on the Internet by means of a hyperlink labeled
10
"Community Notification of Inmate Early Release" on the
11
Department's World Wide Web homepage. The identification
12
information shall include the
incarcerated person's

inmate's
:
13
name, any known alias, date of birth, physical
14
characteristics, commitment offense, and county where
15
conviction was imposed. The identification information shall
16
be placed on the website within 3 days of the
incarcerated
17
person's

inmate's
release and the information may not be
18
removed until either: completion of the first year of
19
mandatory supervised release or return of the
incarcerated
20
person

inmate
to custody of the Department.
21

(b) Whenever a person is or has been committed under
22
several convictions, with separate sentences, the sentences
23
shall be construed under Section 5-8-4 in granting and
24
forfeiting of sentence credit.
25

(c) (1) The Department shall prescribe rules and
26
regulations for revoking sentence credit, including revoking

SB3354
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LRB104 19676 RLC 33125 b
1
sentence credit awarded under paragraph (3) of subsection (a)
2
of this Section. The Department shall prescribe rules and
3
regulations establishing and requiring the use of a sanctions
4
matrix for revoking sentence credit. The Department shall
5
prescribe rules and regulations for suspending or reducing the
6
rate of accumulation of sentence credit for specific rule
7
violations, during imprisonment. These rules and regulations
8
shall provide that no
incarcerated person

inmate
may be
9
penalized more than one year of sentence credit for any one
10
infraction.
11

(2) When the Department seeks to revoke, suspend, or
12
reduce the rate of accumulation of any sentence credits for an
13
alleged infraction of its rules, it shall bring charges
14
therefor against the
incarcerated person

prisoner
sought to be
15
so deprived of sentence credits before the Prisoner Review
16
Board as provided in subparagraph (a)(4) of Section 3-3-2 of
17
this Code, if the amount of credit at issue exceeds 30 days,
18
whether from one infraction or cumulatively from multiple
19
infractions arising out of a single event, or when, during any
20
12-month period, the cumulative amount of credit revoked
21
exceeds 30 days except where the infraction is committed or
22
discovered within 60 days of scheduled release. In those
23
cases, the Department of Corrections may revoke up to 30 days
24
of sentence credit. The Board may subsequently approve the
25
revocation of additional sentence credit, if the Department
26
seeks to revoke sentence credit in excess of 30 days. However,

SB3354
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LRB104 19676 RLC 33125 b
1
the Board shall not be empowered to review the Department's
2
decision with respect to the loss of 30 days of sentence credit
3
within any calendar year for any
incarcerated person

prisoner

4
or to increase any penalty beyond the length requested by the
5
Department.
6

(3) The Director of Corrections or the Director of
7
Juvenile Justice, in appropriate cases, may restore sentence
8
credits which have been revoked, suspended, or reduced. The
9
Department shall prescribe rules and regulations governing the
10
restoration of sentence credits. These rules and regulations
11
shall provide for the automatic restoration of sentence
12
credits following a period in which the
incarcerated person

13
prisoner
maintains a record without a disciplinary violation.
14

Nothing contained in this Section shall prohibit the
15
Prisoner Review Board from ordering, pursuant to Section
16
3-3-9(a)(3)(i)(B), that
an incarcerated person

a prisoner

17
serve up to one year of the sentence imposed by the court that
18
was not served due to the accumulation of sentence credit.
19

(d) If a lawsuit is filed by
an incarcerated person

a
20
prisoner
in an Illinois or federal court against the State,
21
the Department of Corrections, or the Prisoner Review Board,
22
or against any of their officers or employees, and the court
23
makes a specific finding that a pleading, motion, or other
24
paper filed by the
incarcerated person

prisoner
is frivolous,
25
the Department of Corrections shall conduct a hearing to
26
revoke up to 180 days of sentence credit by bringing charges

SB3354
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LRB104 19676 RLC 33125 b
1
against the
incarcerated person

prisoner
sought to be deprived
2
of the sentence credits before the Prisoner Review Board as
3
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
4
If the
incarcerated person

prisoner
has not accumulated 180
5
days of sentence credit at the time of the finding, then the
6
Prisoner Review Board may revoke all sentence credit
7
accumulated by the
incarcerated person

prisoner
.
8

For purposes of this subsection (d):
9

(1) "Frivolous" means that a pleading, motion, or
10

other filing which purports to be a legal document filed
11

by
an incarcerated person

a prisoner
in his or her lawsuit
12

meets any or all of the following criteria:
13

(A) it lacks an arguable basis either in law or in
14

fact;
15

(B) it is being presented for any improper
16

purpose, such as to harass or to cause unnecessary
17

delay or needless increase in the cost of litigation;
18

(C) the claims, defenses, and other legal
19

contentions therein are not warranted by existing law
20

or by a nonfrivolous argument for the extension,
21

modification, or reversal of existing law or the
22

establishment of new law;
23

(D) the allegations and other factual contentions
24

do not have evidentiary support or, if specifically so
25

identified, are not likely to have evidentiary support
26

after a reasonable opportunity for further

SB3354
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LRB104 19676 RLC 33125 b
1

investigation or discovery; or
2

(E) the denials of factual contentions are not
3

warranted on the evidence, or if specifically so
4

identified, are not reasonably based on a lack of
5

information or belief.
6

(2) "Lawsuit" means a motion pursuant to Section 116-3
7

of the Code of Criminal Procedure of 1963, a habeas corpus
8

action under Article X of the Code of Civil Procedure or
9

under federal law (28 U.S.C. 2254), a petition for claim
10

under the Court of Claims Act, an action under the federal
11

Civil Rights Act (42 U.S.C. 1983), or a second or
12

subsequent petition for post-conviction relief under
13

Article 122 of the Code of Criminal Procedure of 1963
14

whether filed with or without leave of court or a second or
15

subsequent petition for relief from judgment under Section
16

2-1401 of the Code of Civil Procedure.
17

(e) Nothing in Public Act 90-592 or 90-593 affects the
18
validity of Public Act 89-404.
19

(f) Whenever the Department is to release any
incarcerated
20
person

inmate
who has been convicted of a violation of an order
21
of protection under Section 12-3.4 or 12-30 of the Criminal
22
Code of 1961 or the Criminal Code of 2012, earlier than it
23
otherwise would because of a grant of sentence credit, the
24
Department, as a condition of release, shall require that the
25
person, upon release, be placed under electronic surveillance
26
as provided in Section 5-8A-7 of this Code.

SB3354
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LRB104 19676 RLC 33125 b
1
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
2
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
3
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
4
eff. 7-1-24; 103-822, eff. 1-1-25
.)

5

(730 ILCS 5/3-6-3.2 new)
6

Sec. 3-6-3.2.
Sentence credit information.
The Department,
7
in consultation with the Advisory Board established under
8
Section 3-2-6 of this Code, shall make available to all
9
persons in its custody current materials about sentence
10
credits, containing detailed information regarding
11
eligibility, earning, revocation, calculation, and
12
documentation of credit, in the following formats:

13

(1) in print;
14

(2) on the Department's website; and
15

(3) in a visible location on the premises of each
16
Department facility where notices are customarily posted.

17

Section 99.
Effective date.
This Act takes effect January
18
1, 2027.

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