99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0154
 
Introduced , by Rep. Robert W. Pritchard
 
SYNOPSIS AS INTRODUCED:



 
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
 Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for aggravated battery by causing great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.




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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0154LRB099 04018 RLC 24036 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



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


6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)



7 Sec. 3-6-3. Rules and Regulations for Sentence Credit. 

8  (a) (1) The Department of Corrections shall prescribe 
9 rules
and regulations for awarding and revoking sentence 
10 credit for persons committed to the Department which shall

11 be subject to review by the Prisoner Review Board.

12  (1.5) As otherwise provided by law, sentence credit may 
13 be awarded for the following: 
14   (A) successful completion of programming while in 
15 custody of the Department or while in custody prior to 
16 sentencing; 
17   (B) compliance with the rules and regulations of 
18 the Department; or 
19   (C) service to the institution, service to a 
20 community, or service to the State. 
21  (2) The rules and regulations on sentence credit shall 
22 provide, with
respect to offenses listed in clause (i), 
23 (ii), or (iii) of this paragraph (2) committed on or after 
 
 
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1 June 19, 1998 or with respect to the offense listed in 
2 clause (iv) of this paragraph (2) committed on or after 
3 June 23, 2005 (the effective date of Public Act 94-71) or 
4 with
respect to offense listed in clause (vi)
committed on 
5 or after June 1, 2008 (the effective date of Public Act 
6 95-625)
or with respect to the offense of being an armed 
7 habitual criminal committed on or after August 2, 2005 (the 
8 effective date of Public Act 94-398) or with respect to the 
9 offenses listed in clause (v) of this paragraph (2) 
10 committed on or after August 13, 2007 (the effective date 
11 of Public Act 95-134) or with respect to the offense of 
12 aggravated domestic battery committed on or after July 23, 
13 2010 (the effective date of Public Act 96-1224) or with 
14 respect to the offense of attempt to commit terrorism 
15 committed on or after January 1, 2013 (the effective date 
16 of Public Act 97-990) or with respect to the offense listed 
17 in clause (viii) of this paragraph (2) committed on or 
18 after the effective date of this amendatory Act of the 99th 
19 General Assembly, the following:

20   (i) that a prisoner who is serving a term of 
21 imprisonment for first
degree murder or for the offense 
22 of terrorism shall receive no sentence
credit and shall 
23 serve the entire
sentence imposed by the court;

24   (ii) that a prisoner serving a sentence for attempt 
25 to commit terrorism, attempt to commit first
degree 
26 murder, solicitation of murder, solicitation of murder 
 
 
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1 for hire,
intentional homicide of an unborn child, 
2 predatory criminal sexual assault of a
child, 
3 aggravated criminal sexual assault, criminal sexual 
4 assault, aggravated
kidnapping, aggravated battery 
5 with a firearm as described in Section 12-4.2 or 
6 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
7 Section 12-3.05, heinous battery as described in 
8 Section 12-4.1 or subdivision (a)(2) of Section 
9 12-3.05, being an armed habitual criminal, aggravated

10 battery of a senior citizen as described in Section 
11 12-4.6 or subdivision (a)(4) of Section 12-3.05, or 
12 aggravated battery of a child as described in Section 
13 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall 
14 receive no
more than 4.5 days of sentence credit for 
15 each month of his or her sentence
of imprisonment;

16   (iii) that a prisoner serving a sentence
for home 
17 invasion, armed robbery, aggravated vehicular 
18 hijacking,
aggravated discharge of a firearm, or armed 
19 violence with a category I weapon
or category II 
20 weapon, when the court
has made and entered a finding, 
21 pursuant to subsection (c-1) of Section 5-4-1
of this 
22 Code, that the conduct leading to conviction for the 
23 enumerated offense
resulted in great bodily harm to a 
24 victim, shall receive no more than 4.5 days
of sentence 
25 credit for each month of his or her sentence of 
26 imprisonment;

 
 
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1   (iv) that a prisoner serving a sentence for 
2 aggravated discharge of a firearm, whether or not the 
3 conduct leading to conviction for the offense resulted 
4 in great bodily harm to the victim, shall receive no 
5 more than 4.5 days of sentence credit for each month of 
6 his or her sentence of imprisonment;

7   (v) that a person serving a sentence for 
8 gunrunning, narcotics racketeering, controlled 
9 substance trafficking, methamphetamine trafficking, 
10 drug-induced homicide, aggravated 
11 methamphetamine-related child endangerment, money 
12 laundering pursuant to clause (c) (4) or (5) of Section 
13 29B-1 of the Criminal Code of 1961 or the Criminal Code 
14 of 2012, or a Class X felony conviction for delivery of 
15 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 
24 with intent to deliver methamphetamine, 
25 methamphetamine conspiracy when the substance 
26 containing the controlled substance or methamphetamine 
 
 
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1 is 100 grams or more shall receive no more than 7.5 
2 days sentence credit for each month of his or her 
3 sentence of imprisonment;

4   (vi)
that a prisoner serving a sentence for a 
5 second or subsequent offense of luring a minor shall 
6 receive no more than 4.5 days of sentence credit for 
7 each month of his or her sentence of imprisonment; and

8   (vii) that a prisoner serving a sentence for 
9 aggravated domestic battery shall receive no more than 
10 4.5 days of sentence credit for each month of his or 
11 her sentence of imprisonment; and
12   (viii) that a prisoner serving a sentence for 
13 aggravated battery under paragraph (3) of subsection 
14 (a) of Section 12-3.05 of the Criminal Code of 2012 
15 shall receive no more than 4.5 days of sentence credit 
16 for each month of his or her sentence of imprisonment.
17  (2.1) For all offenses, other than those enumerated in 
18 subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
19 June 19, 1998 or subdivision (a)(2)(iv) committed on or 
20 after June 23, 2005 (the effective date of Public Act 
21 94-71) or subdivision (a)(2)(v) committed on or after 
22 August 13, 2007 (the effective date of Public Act 95-134)

23 or subdivision (a)(2)(vi) committed on or after June 1, 
24 2008 (the effective date of Public Act 95-625) or 
25 subdivision (a)(2)(vii) committed on or after July 23, 2010 
26 (the effective date of Public Act 96-1224) or subdivision 
 
 
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1 (a)(2)(viii) committed on or after the effective date of 
2 this amendatory Act of the 99th General Assembly, and other 
3 than the offense of aggravated driving under the influence 
4 of alcohol, other drug or drugs, or
intoxicating compound 
5 or compounds, or any combination thereof as defined in

6 subparagraph (F) of paragraph (1) of subsection (d) of 
7 Section 11-501 of the
Illinois Vehicle Code, and other than 
8 the offense of aggravated driving under the influence of 
9 alcohol,
other drug or drugs, or intoxicating compound or 
10 compounds, or any combination
thereof as defined in 
11 subparagraph (C) of paragraph (1) of subsection (d) of

12 Section 11-501 of the Illinois Vehicle Code committed on or 
13 after January 1, 2011 (the effective date of Public Act 
14 96-1230),
the rules and regulations shall
provide that a 
15 prisoner who is serving a term of
imprisonment shall 
16 receive one day of sentence credit for each day of
his or 
17 her sentence of imprisonment or recommitment under Section 
18 3-3-9.
Each day of sentence credit shall reduce by one day 
19 the prisoner's period
of imprisonment or recommitment 
20 under Section 3-3-9.

21  (2.2) A prisoner serving a term of natural life 
22 imprisonment or a
prisoner who has been sentenced to death 
23 shall receive no sentence
credit.

24  (2.3) The rules and regulations on sentence credit 
25 shall provide that
a prisoner who is serving a sentence for 
26 aggravated driving under the influence of alcohol,
other 
 
 
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1 drug or drugs, or intoxicating compound or compounds, or 
2 any combination
thereof as defined in subparagraph (F) of 
3 paragraph (1) of subsection (d) of
Section 11-501 of the 
4 Illinois Vehicle Code, shall receive no more than 4.5
days 
5 of sentence credit for each month of his or her sentence of

6 imprisonment.

7  (2.4) The rules and regulations on sentence credit 
8 shall provide with
respect to the offenses of aggravated 
9 battery with a machine gun or a firearm
equipped with any 
10 device or attachment designed or used for silencing the

11 report of a firearm or aggravated discharge of a machine 
12 gun or a firearm
equipped with any device or attachment 
13 designed or used for silencing the
report of a firearm, 
14 committed on or after
July 15, 1999 (the effective date of 
15 Public Act 91-121),
that a prisoner serving a sentence for 
16 any of these offenses shall receive no
more than 4.5 days 
17 of sentence credit for each month of his or her sentence
of 
18 imprisonment.

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

25  (2.6) The rules and regulations on sentence credit 
26 shall provide that a
prisoner who is serving a sentence for 
 
 
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1 aggravated driving under the influence of alcohol,
other 
2 drug or drugs, or intoxicating compound or compounds or any 
3 combination
thereof as defined in subparagraph (C) of 
4 paragraph (1) of subsection (d) of
Section 11-501 of the 
5 Illinois Vehicle Code committed on or after January 1, 2011 
6 (the effective date of Public Act 96-1230) shall receive no 
7 more than 4.5
days of sentence credit for each month of his 
8 or her sentence of
imprisonment.
9  (3) The rules and regulations shall also provide that

10 the Director may award up to 180 days additional sentence

11 credit for good conduct in specific instances as the

12 Director deems proper. The good conduct may include, but is 
13 not limited to, compliance with the rules and regulations 
14 of the Department, service to the Department, service to a 
15 community, or service to the State. However, the Director 
16 shall not award more than 90 days
of sentence credit for 
17 good conduct to any prisoner who is serving a sentence for

18 conviction of first degree murder, reckless homicide while 
19 under the
influence of alcohol or any other drug,
or 
20 aggravated driving under the influence of alcohol, other 
21 drug or drugs, or
intoxicating compound or compounds, or 
22 any combination thereof as defined in
subparagraph (F) of 
23 paragraph (1) of subsection (d) of Section 11-501 of the

24 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

25 predatory criminal sexual assault of a child,
aggravated 
26 criminal sexual assault, criminal sexual assault, deviate 
 
 
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1 sexual
assault, aggravated criminal sexual abuse, 
2 aggravated indecent liberties
with a child, indecent 
3 liberties with a child, child pornography, heinous
battery 
4 as described in Section 12-4.1 or subdivision (a)(2) of 
5 Section 12-3.05, aggravated battery of a spouse, 
6 aggravated battery of a spouse
with a firearm, stalking, 
7 aggravated stalking, aggravated battery of a child as 
8 described in Section 12-4.3 or subdivision (b)(1) of 
9 Section 12-3.05,
endangering the life or health of a child, 
10 or cruelty to a child. Notwithstanding the foregoing, 
11 sentence credit for
good conduct shall not be awarded on a

12 sentence of imprisonment imposed for conviction of: (i) one 
13 of the offenses
enumerated in subdivision (a)(2)(i), (ii), 
14 or (iii) when the offense is committed on or after
June 19, 
15 1998 or subdivision (a)(2)(iv) when the offense is 
16 committed on or after June 23, 2005 (the effective date of 
17 Public Act 94-71) or subdivision (a)(2)(v) when the offense 
18 is committed on or after August 13, 2007 (the effective 
19 date of Public Act 95-134)
or subdivision (a)(2)(vi) when 
20 the offense is committed on or after June 1, 2008 (the 
21 effective date of Public Act 95-625) or subdivision 
22 (a)(2)(vii) when the offense is committed on or after July 
23 23, 2010 (the effective date of Public Act 96-1224) or 
24 subdivision (a)(2)(viii) committed on or after the 
25 effective date of this amendatory Act of the 99th General 
26 Assembly, (ii) aggravated driving under the influence of 
 
 
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1 alcohol, other drug or drugs, or
intoxicating compound or 
2 compounds, or any combination thereof as defined in

3 subparagraph (F) of paragraph (1) of subsection (d) of 
4 Section 11-501 of the
Illinois Vehicle Code, (iii) one of 
5 the offenses enumerated in subdivision
(a)(2.4) when the 
6 offense is committed on or after
July 15, 1999 (the 
7 effective date of Public Act 91-121),
(iv) aggravated arson 
8 when the offense is committed
on or after July 27, 2001 
9 (the effective date of Public Act 92-176), (v) offenses 
10 that may subject the offender to commitment under the 
11 Sexually Violent Persons Commitment Act, or (vi) 
12 aggravated driving under the influence of alcohol,
other 
13 drug or drugs, or intoxicating compound or compounds or any 
14 combination
thereof as defined in subparagraph (C) of 
15 paragraph (1) of subsection (d) of
Section 11-501 of the 
16 Illinois Vehicle Code committed on or after January 1, 2011 
17 (the effective date of Public Act 96-1230).

18 Eligible inmates for an award of sentence credit under
this 
19paragraph (3) may be selected to receive the credit at
the 
20Director's or his or her designee's sole discretion.

21Consideration may be based on, but not limited to, any

22available risk assessment analysis on the inmate, any history 
23of conviction for violent crimes as defined by the Rights of 
24Crime Victims and Witnesses Act, facts and circumstances of the 
25inmate's holding offense or offenses, and the potential for 
26rehabilitation. 
 
 
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1 The Director shall not award sentence credit under this 
2paragraph (3) to an inmate unless the inmate has served a 
3minimum of 60 days of the sentence; except nothing in this 
4paragraph shall be construed to permit the Director to extend 
5an inmate's sentence beyond that which was imposed by the 
6court. Prior to awarding credit under this paragraph (3), the 
7Director shall make a written determination that the inmate:
8   (A) is eligible for the sentence credit;
9   (B) has served a minimum of 60 days, or as close to 
10 60 days as the sentence will allow; and
11   (C) has met the eligibility criteria established 
12 by rule.
13  The Director shall determine the form and content of 
14 the written determination required in this subsection.
15  (3.5) The Department shall provide annual written 
16 reports to the Governor and the General Assembly on the 
17 award of sentence credit for good conduct, with the first 
18 report due January 1, 2014. The Department must publish 
19 both reports on its website within 48 hours of transmitting 
20 the reports to the Governor and the General Assembly. The 
21 reports must include:
22   (A) the number of inmates awarded sentence credit 
23 for good conduct;
24   (B) the average amount of sentence credit for good 
25 conduct awarded;
26   (C) the holding offenses of inmates awarded 
 
 
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1 sentence credit for good conduct; and
2   (D) the number of sentence credit for good conduct 
3 revocations. 
4  (4) The rules and regulations shall also provide that 
5 the sentence
credit accumulated and retained under 
6 paragraph (2.1) of subsection (a) of
this Section by any 
7 inmate during specific periods of time in which such
inmate 
8 is engaged full-time in substance abuse programs, 
9 correctional
industry assignments, educational programs, 
10 behavior modification programs, life skills courses, or 
11 re-entry planning provided by the Department
under this 
12 paragraph (4) and satisfactorily completes the assigned 
13 program as
determined by the standards of the Department, 
14 shall be multiplied by a factor
of 1.25 for program 
15 participation before August 11, 1993
and 1.50 for program 
16 participation on or after that date.
The rules and 
17 regulations shall also provide that sentence credit, 
18 subject to the same offense limits and multiplier provided 
19 in this paragraph, may be provided to an inmate who was 
20 held in pre-trial detention prior to his or her current 
21 commitment to the Department of Corrections and 
22 successfully completed a full-time, 60-day or longer 
23 substance abuse program, educational program, behavior 
24 modification program, life skills course, or re-entry 
25 planning provided by the county department of corrections 
26 or county jail. Calculation of this county program credit 
 
 
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1 shall be done at sentencing as provided in Section 
2 5-4.5-100 of this Code and shall be included in the 
3 sentencing order. However, no inmate shall be eligible for 
4 the additional sentence credit
under this paragraph (4) or 
5 (4.1) of this subsection (a) while assigned to a boot camp

6 or electronic detention, or if convicted of an offense 
7 enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this 
8 Section that is committed on or after June 19,
1998 or 
9 subdivision (a)(2)(iv) of this Section that is committed on 
10 or after June 23, 2005 (the effective date of Public Act 
11 94-71) or subdivision (a)(2)(v) of this Section that is 
12 committed on or after August 13, 2007 (the effective date 
13 of Public Act 95-134)
or subdivision (a)(2)(vi) when the 
14 offense is committed on or after June 1, 2008 (the 
15 effective date of Public Act 95-625) or subdivision 
16 (a)(2)(vii) when the offense is committed on or after July 
17 23, 2010 (the effective date of Public Act 96-1224) or 
18 subdivision (a)(2)(viii) committed on or after the 
19 effective date of this amendatory Act of the 99th General 
20 Assembly, or if convicted of aggravated driving under the 
21 influence of alcohol, other drug or drugs, or
intoxicating 
22 compound or compounds or any combination thereof as defined 
23 in
subparagraph (F) of paragraph (1) of subsection (d) of 
24 Section 11-501 of the
Illinois Vehicle Code, or if 
25 convicted of aggravated driving under the influence of 
26 alcohol,
other drug or drugs, or intoxicating compound or 
 
 
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1 compounds or any combination
thereof as defined in 
2 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), or if convicted of an offense enumerated in 
6 paragraph
(a)(2.4) of this Section that is committed on or 
7 after
July 15, 1999 (the effective date of Public Act 
8 91-121),
or first degree murder, a Class X felony, criminal 
9 sexual
assault, felony criminal sexual abuse, aggravated 
10 criminal sexual abuse,
aggravated battery with a firearm as 
11 described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
12 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or 
13 successor offenses
with the same or substantially the same 
14 elements, or any inchoate offenses
relating to the 
15 foregoing offenses. No inmate shall be eligible for the

16 additional good conduct credit under this paragraph (4) who 
17 (i) has previously
received increased good conduct credit 
18 under this paragraph (4) and has
subsequently been 
19 convicted of a
felony, or (ii) has previously served more 
20 than one prior sentence of
imprisonment for a felony in an 
21 adult correctional facility.

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

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

7  Availability of these programs shall be subject to the

8 limits of fiscal resources appropriated by the General 
9 Assembly for these
purposes. Eligible inmates who are 
10 denied immediate admission shall be
placed on a waiting 
11 list under criteria established by the Department.
The 
12 inability of any inmate to become engaged in any such 
13 programs
by reason of insufficient program resources or for 
14 any other reason
established under the rules and 
15 regulations of the Department shall not be
deemed a cause 
16 of action under which the Department or any employee or

17 agent of the Department shall be liable for damages to the 
18 inmate.

19  (4.1) The rules and regulations shall also provide that 
20 an additional 60 days of sentence credit shall be awarded 
21 to any prisoner who passes high school equivalency testing 
22 while the prisoner is committed to the Department of 
23 Corrections. The sentence credit awarded under this 
24 paragraph (4.1) shall be in addition to, and shall not 
25 affect, the award of sentence credit under any other 
26 paragraph of this Section, but shall also be pursuant to 
 
 
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1 the guidelines and restrictions set forth in paragraph (4) 
2 of subsection (a) of this Section.
The sentence credit 
3 provided for in this paragraph shall be available only to 
4 those prisoners who have not previously earned a high 
5 school diploma or a high school equivalency certificate. 
6 If, after an award of the high school equivalency testing 
7 sentence credit has been made, the Department determines 
8 that the prisoner was not eligible, then the award shall be 
9 revoked.
The Department may also award 60 days of sentence 
10 credit to any committed person who passed high school 
11 equivalency testing while he or she was held in pre-trial 
12 detention prior to the current commitment to the Department 
13 of Corrections. 
14  (4.5) The rules and regulations on sentence credit 
15 shall also provide that
when the court's sentencing order 
16 recommends a prisoner for substance abuse treatment and the

17 crime was committed on or after September 1, 2003 (the 
18 effective date of
Public Act 93-354), the prisoner shall 
19 receive no sentence credit awarded under clause (3) of this 
20 subsection (a) unless he or she participates in and

21 completes a substance abuse treatment program. The 
22 Director may waive the requirement to participate in or 
23 complete a substance abuse treatment program and award the 
24 sentence credit in specific instances if the prisoner is 
25 not a good candidate for a substance abuse treatment 
26 program for medical, programming, or operational reasons. 
 
 
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1 Availability of
substance abuse treatment shall be subject 
2 to the limits of fiscal resources
appropriated by the 
3 General Assembly for these purposes. If treatment is not

4 available and the requirement to participate and complete 
5 the treatment has not been waived by the Director, the 
6 prisoner shall be placed on a waiting list under criteria

7 established by the Department. The Director may allow a 
8 prisoner placed on
a waiting list to participate in and 
9 complete a substance abuse education class or attend 
10 substance
abuse self-help meetings in lieu of a substance 
11 abuse treatment program. A prisoner on a waiting list who 
12 is not placed in a substance abuse program prior to release 
13 may be eligible for a waiver and receive sentence credit 
14 under clause (3) of this subsection (a) at the discretion 
15 of the Director.

16  (4.6) The rules and regulations on sentence credit 
17 shall also provide that a prisoner who has been convicted 
18 of a sex offense as defined in Section 2 of the Sex 
19 Offender Registration Act shall receive no sentence credit 
20 unless he or she either has successfully completed or is 
21 participating in sex offender treatment as defined by the 
22 Sex Offender Management Board. However, prisoners who are 
23 waiting to receive treatment, but who are unable to do so 
24 due solely to the lack of resources on the part of the 
25 Department, may, at the Director's sole discretion, be 
26 awarded sentence credit at a rate as the Director shall 
 
 
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1 determine.
2  (5) Whenever the Department is to release any inmate 
3 earlier than it
otherwise would because of a grant of 
4 sentence credit for good conduct under paragraph (3) of 
5 subsection (a) of this Section given at any time during the 
6 term, the Department shall give
reasonable notice of the 
7 impending release not less than 14 days prior to the date 
8 of the release to the State's
Attorney of the county where 
9 the prosecution of the inmate took place, and if 
10 applicable, the State's Attorney of the county into which 
11 the inmate will be released. The Department must also make 
12 identification information and a recent photo of the inmate 
13 being released accessible on the Internet by means of a 
14 hyperlink labeled "Community Notification of Inmate Early 
15 Release" on the Department's World Wide Web homepage.
The 
16 identification information shall include the inmate's: 
17 name, any known alias, date of birth, physical 
18 characteristics, residence address, commitment offense and 
19 county where conviction was imposed. The identification 
20 information shall be placed on the website within 3 days of 
21 the inmate's release and the information may not be removed 
22 until either: completion of the first year of mandatory 
23 supervised release or return of the inmate to custody of 
24 the Department.

25 (b) Whenever a person is or has been committed under

26several convictions, with separate sentences, the sentences

 
 
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1shall be construed under Section 5-8-4 in granting and

2forfeiting of sentence credit.

3 (c) The Department shall prescribe rules and regulations

4for revoking sentence credit, including revoking sentence 
5credit awarded for good conduct under paragraph (3) of 
6subsection (a) of this Section. The Department shall prescribe 
7rules and regulations for suspending or reducing
the rate of 
8accumulation of sentence credit for specific
rule violations, 
9during imprisonment. These rules and regulations
shall provide 
10that no inmate may be penalized more than one
year of sentence 
11credit for any one infraction.

12 When the Department seeks to revoke, suspend or reduce
the 
13rate of accumulation of any sentence credits for
an alleged 
14infraction of its rules, it shall bring charges
therefor 
15against the prisoner sought to be so deprived of
sentence 
16credits before the Prisoner Review Board as
provided in 
17subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
18amount of credit at issue exceeds 30 days or
when during any 12 
19month period, the cumulative amount of
credit revoked exceeds 
2030 days except where the infraction is committed
or discovered 
21within 60 days of scheduled release. In those cases,
the 
22Department of Corrections may revoke up to 30 days of sentence 
23credit.
The Board may subsequently approve the revocation of 
24additional sentence credit, if the Department seeks to revoke 
25sentence credit in
excess of 30 days. However, the Board shall 
26not be empowered to review the
Department's decision with 
 
 
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1respect to the loss of 30 days of sentence
credit within any 
2calendar year for any prisoner or to increase any penalty

3beyond the length requested by the Department.

4 The Director of the Department of Corrections, in 
5appropriate cases, may
restore up to 30 days of sentence 
6credits which have been revoked, suspended
or reduced. Any 
7restoration of sentence credits in excess of 30 days shall
be 
8subject to review by the Prisoner Review Board. However, the 
9Board may not
restore sentence credit in excess of the amount 
10requested by the Director.

11 Nothing contained in this Section shall prohibit the 
12Prisoner Review Board
from ordering, pursuant to Section 
133-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
14sentence imposed by the court that was not served due to the

15accumulation of sentence credit.

16 (d) If a lawsuit is filed by a prisoner in an Illinois or 
17federal court
against the State, the Department of Corrections, 
18or the Prisoner Review Board,
or against any of
their officers 
19or employees, and the court makes a specific finding that a

20pleading, motion, or other paper filed by the prisoner is 
21frivolous, the
Department of Corrections shall conduct a 
22hearing to revoke up to
180 days of sentence credit by bringing 
23charges against the prisoner
sought to be deprived of the 
24sentence credits before the Prisoner Review
Board as provided 
25in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
26prisoner has not accumulated 180 days of sentence credit at the

 
 
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1time of the finding, then the Prisoner Review Board may revoke 
2all
sentence credit accumulated by the prisoner.

3 For purposes of this subsection (d):

4  (1) "Frivolous" means that a pleading, motion, or other 
5 filing which
purports to be a legal document filed by a 
6 prisoner in his or her lawsuit meets
any or all of the 
7 following criteria:

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

10   (B) it is being presented for any improper purpose, 
11 such as to harass or
to cause unnecessary delay or 
12 needless increase in the cost of litigation;

13   (C) the claims, defenses, and other legal 
14 contentions therein are not
warranted by existing law 
15 or by a nonfrivolous argument for the extension,

16 modification, or reversal of existing law or the 
17 establishment of new law;

18   (D) the allegations and other factual contentions 
19 do not have
evidentiary
support or, if specifically so 
20 identified, are not likely to have evidentiary
support 
21 after a reasonable opportunity for further 
22 investigation or discovery;
or

23   (E) the denials of factual contentions are not 
24 warranted on the
evidence, or if specifically so 
25 identified, are not reasonably based on a lack
of 
26 information or belief.

 
 
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1  (2) "Lawsuit" means a motion pursuant to Section
116-3 
2 of the Code of Criminal Procedure of 1963, a habeas corpus 
3 action under
Article X of the Code of Civil Procedure or 
4 under federal law (28 U.S.C. 2254),
a petition for claim 
5 under the Court of Claims Act, an action under the
federal 
6 Civil Rights Act (42 U.S.C. 1983), or a second or 
7 subsequent petition for post-conviction relief under 
8 Article 122 of the Code of Criminal Procedure of 1963 
9 whether filed with or without leave of court or a second or 
10 subsequent petition for relief from judgment under Section 
11 2-1401 of the Code of Civil Procedure.

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

14 (f) Whenever the Department is to release any inmate who 
15has been convicted of a violation of an order of protection 
16under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
17the Criminal Code of 2012, earlier than it
otherwise would 
18because of a grant of sentence credit, the Department, as a 
19condition of release, shall require that the person, upon 
20release, be placed under electronic surveillance as provided in 
21Section 5-8A-7 of this Code. 
22(Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; 
2397-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 
241-1-15.)