SB 3333 — CD CORR-SENTENCE CREDIT

SB3333 EngrossedEnrolled LRB104 20218 RLC 33669 b AN ACT concerning criminal law.

or SB3333 EngrossedEnrolled - 2 - LRB104 20218 RLC 33669 b (C) service to the institution, service to a community, or service to the State.

(ii) that a prisoner serving a sentence for attempt to SB3333 EngrossedEnrolled - 3 - LRB104 20218 RLC 33669 b commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, unlawful possession of a firearm by a repeat felony offender, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or SB3333 EngrossedEnrolled - 4 - LRB104 20218 RLC 33669 b her sentence of imprisonment;

(v) that a person serving a sentence for gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall SB3333 EngrossedEnrolled - 5 - LRB104 20218 RLC 33669 b receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;

(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating SB3333 EngrossedEnrolled - 6 - LRB104 20218 RLC 33669 b compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9.

(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any SB3333 EngrossedEnrolled - 7 - LRB104 20218 RLC 33669 b device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

SB3333 EngrossedEnrolled - 8 - LRB104 20218 RLC 33669 b (3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer.

Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a SB3333 EngrossedEnrolled - 9 - LRB104 20218 RLC 33669 b history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.

SB3333 EngrossedEnrolled - 10 - LRB104 20218 RLC 33669 b (3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year.

The rules and regulations shall also provide that sentence credit SB3333 EngrossedEnrolled - 11 - LRB104 20218 RLC 33669 b may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, county jail or detention facility work assignments, educational program, behavior modification program, life skills course, parenting program, or re-entry planning facilitated provided by the county department of corrections, or county jail, or other provider.

(i) documentation provided by the Department that the inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this SB3333 EngrossedEnrolled - 12 - LRB104 20218 RLC 33669 b paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration;

If the Department provides no documentary proof, the inmate's SB3333 EngrossedEnrolled - 13 - LRB104 20218 RLC 33669 b proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.

Availability of these programs shall be subject to the SB3333 EngrossedEnrolled - 14 - LRB104 20218 RLC 33669 b limits of fiscal resources appropriated by the General Assembly for these purposes.

(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded SB3333 EngrossedEnrolled - 15 - LRB104 20218 RLC 33669 b to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, SB3333 EngrossedEnrolled - 16 - LRB104 20218 RLC 33669 b the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment SB3333 EngrossedEnrolled - 17 - LRB104 20218 RLC 33669 b to the Department of Corrections.

The Department may also award 180 days of sentence credit to any committed person who earned a SB3333 EngrossedEnrolled - 18 - LRB104 20218 RLC 33669 b master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.

The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for SB3333 EngrossedEnrolled - 19 - LRB104 20218 RLC 33669 b medical, programming, or operational reasons.

SB3333 EngrossedEnrolled - 20 - LRB104 20218 RLC 33669 b (4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3);

The Department SB3333 EngrossedEnrolled - 21 - LRB104 20218 RLC 33669 b must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.

These rules and regulations shall provide that no inmate may be penalized more than one SB3333 EngrossedEnrolled - 22 - LRB104 20218 RLC 33669 b year of sentence credit for any one infraction.

These rules and regulations SB3333 EngrossedEnrolled - 23 - LRB104 20218 RLC 33669 b shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.

(1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the SB3333 EngrossedEnrolled - 24 - LRB104 20218 RLC 33669 b following criteria:

1983), or a second or SB3333 EngrossedEnrolled - 25 - LRB104 20218 RLC 33669 b subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.