SB 424 — CD CORR-SUBSTANCE ABUSE PROGRA

SB424 EngrossedEnrolled LRB093 10643 RLC 10951 b AN ACT in relation to criminal law.

(ii) that a prisoner serving a sentence for 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, heinous battery, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of SB424 EngrossedEnrolled -2- LRB093 10643 RLC 10951 b imprisonment;

SB424 EngrossedEnrolled -3- LRB093 10643 RLC 10951 b (2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any 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 the effective date of this amendatory Act of 1999, that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with SB424 EngrossedEnrolled -4- LRB093 10643 RLC 10951 b a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering.

However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) while assigned to a boot camp, mental health unit, or electronic detention, or if convicted of an offense enumerated in paragraph (a)(2) of this Section that is committed on or after June 19, 1998, or if convicted of reckless homicide as defined in SB424 EngrossedEnrolled -5- LRB093 10643 RLC 10951 b subsection (e) of Section 9-3 of the Criminal Code of 1961 if the offense is committed on or after January 1, 1999, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after the effective date of this amendatory Act of 1999, or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.

The inability of any inmate to become engaged in any such programs by reason of insufficient program SB424 EngrossedEnrolled -6- LRB093 10643 RLC 10951 b resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate.

_________________a______________________a_____________ _h_____________________t_______________________i____________ _e_____________________o______________________f_____________ _b_____________________i______________________a_____________ _u_____________________e______________________r_____________ _f______________________A______________________9____________ _s______________________n_____________________t_____________ _h______________________a_____________________b_____________ _r_____________________o______________________w_____________ _l_____________________n______________________c_____________ _r______________________a_____________________a_____________ _m_____________________9______________________i_____________ _h_____________________h_______________________t____________ _o_____________________e______________________r_____________ _e_______________________g_____________________f____________ _p______________________A_____________________s_____________ _r_____________________u______________________s_____________ _e_____________________d______________________b_____________ _u______________________i_____________________t_____________ _h_______________________a____________________d_____________ _s_____________________a______________________t_____________ __p_____________________w_____________________d_____________ _b_____________________o______________________u_____________ _e_____________________a______________________c_____________ ___r___________________l______________________t_____________ _l_____________________s______________________o_____________ _o_____________________o_______________________e____________ _o_____________________i_______________________u____________ _4_____________________o________________ SB424 EngrossedEnrolled -7- LRB093 10643 RLC 10951 b (5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State's Attorney of the county where the prosecution of the inmate took place.

However, the Board shall not be empowered to review the Department's decision with respect to the loss of SB424 EngrossedEnrolled -8- LRB093 10643 RLC 10951 b 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.

SB424 EngrossedEnrolled -9- LRB093 10643 RLC 10951 b (A) it lacks an arguable basis either in law or in fact;

1005-4-1) SB424 EngrossedEnrolled -10- LRB093 10643 RLC 10951 b Sec.

(7) afford the victim of a violent crime or a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or a qualified individual affected by a violation of Section SB424 EngrossedEnrolled -11- LRB093 10643 RLC 10951 b 405, 405.1, 405.2, or 407 of the Illinois Controlled Substances Act, committed by the defendant the opportunity to make a statement concerning the impact on the victim and to offer evidence in aggravation or mitigation;

Where the judge does not impose sentence at the same time on all defendants who are convicted as a result of being SB424 EngrossedEnrolled -12- LRB093 10643 RLC 10951 b involved in the same offense, the defendant or the State's Attorney may advise the sentencing court of the disposition of any other defendants who have been sentenced.

The judge's statement, to be given after pronouncing the SB424 EngrossedEnrolled -13- LRB093 10643 RLC 10951 b sentence, other than when the sentence is imposed for one of the offenses enumerated in paragraph (a)(3) of Section 3-6-3, shall include the following:

"The purpose of this statement is to inform the public of SB424 EngrossedEnrolled -14- LRB093 10643 RLC 10951 b the actual period of time this defendant is likely to spend in prison as a result of this sentence.

In this case, the defendant is entitled to no more than 4 1/2 days of SB424 EngrossedEnrolled -15- LRB093 10643 RLC 10951 b good conduct credit for each month of his or her sentence of imprisonment.

Therefore, this defendant will serve 100% of his or her sentence." _h_____________________m_______________________t____________ _____n_____________________D______________________i_____________ _____t_____________________h______________________o_____________ _____l_____________________l______________________t_____________ _____t_____________________e______________________s_____________ _____o_____________________A______________________s_____________ _____i_____________________e________________________u___________ _____o_____________________t______________________n_____________ _____d_________________ _T_____________________t______________________t_____________ _____c_____________________t______________________l_____________ _____r_____________________t______________________u_____________ SB424 EngrossedEnrolled -16- LRB093 10643 RLC 10951 b _____n_____________________r_______________________o____________ _____p_____________________t______________________D_____________ _____c_____________________i______________________r_____________ _______t___________________l______________________o_____________ ______h____________________e_______________________a____________ ______t___________________ (d) When the defendant is committed to the Department of Corrections, the State's Attorney shall and counsel for the defendant may file a statement with the clerk of the court to be transmitted to the department, agency or institution to which the defendant is committed to furnish such department, agency or institution with the facts and circumstances of the offense for which the person was committed together with all other factual information accessible to them in regard to the person prior to his commitment relative to his habits, associates, disposition and reputation and any other facts and circumstances which may aid such department, agency or institution during its custody of such person.

(4) the number of days, if any, which the defendant has been in custody and for which he is entitled to credit against the sentence, which information shall be SB424 EngrossedEnrolled -17- LRB093 10643 RLC 10951 b provided to the clerk by the sheriff;