(730 ILCS 5/3‑6‑2) (from Ch. 38, par. 1003‑6‑2)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑6‑2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5‑905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3‑8‑5 or Section 3‑10‑5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department until paid.
(d‑5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d‑5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
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required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
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(2) that the person is not capable of giving consent
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to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
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(e‑5) If a physician providing medical care to a
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committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
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(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department.
The Department shall require the committed person receiving medical or dental
services on a non‑emergency basis to pay a $2 co‑payment to the Department for
each visit for medical or dental services. The amount of each co‑payment shall be deducted from the
committed person's individual account.
A committed person who has a chronic illness, as defined by Department rules
and regulations, shall be exempt from the $2 co‑payment for treatment of the
chronic illness. A committed person shall not be subject to a $2 co‑payment
for follow‑up visits ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is exempt from the
$2 co‑payment
and is entitled to receive medical or dental services on the same basis as a
committed person who is financially able to afford the co‑payment.
Notwithstanding any other provision in this subsection (f) to the contrary,
any person committed to any facility operated by the Juvenile Division, as set
forth in subsection (b) of Section 3‑2‑5 of this Code, is exempt from the
co‑payment requirement for the duration of confinement in those facilities.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self‑help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
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separately or together, preceding the inmate's release; and
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(6) a prerelease reunification staffing involving the
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family advocate, the inmate and the child's counselor, or both and the inmate.
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(i) Prior to the release of any inmate who has a documented history
of intravenous drug use, and upon the receipt of that inmate's written
informed consent, the Department shall provide for the testing of such
inmate for infection with human immunodeficiency virus (HIV) and any other
identified causative agent of acquired immunodeficiency syndrome (AIDS). The
testing provided under this subsection shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or such other test as may be approved by
the Illinois Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered. All inmates tested in accordance with the provisions of this
subsection shall be provided with pre‑test and post‑test counseling.
Notwithstanding any provision of this subsection to the contrary, the
Department shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover all costs of
such testing and counseling are appropriated for that
purpose by the General Assembly.
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Corrections‑Juvenile Division
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate, the Department must provide the inmate with the option of testing for infection with human immunodeficiency virus (HIV), as well as counseling in connection with such testing, with no copayment for the test. At the same time, the Department shall require each such inmate to sign a form stating that the inmate has been informed of his or her rights with respect to the testing required to be offered under this subsection (l) and providing the inmate with an opportunity to indicate either that he or she wants to be tested or that he or she does not want to be tested. The Department, in consultation with the Department of Public Health, shall prescribe the contents of the form. The
testing provided under this subsection (l) shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
Implementation of this subsection (l) is subject to appropriation.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑928, eff. 1‑1‑05; 94‑629, eff. 1‑1‑06.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑6‑2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5‑905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3‑8‑5 or Section 3‑10‑5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department until paid.
(d‑5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d‑5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
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required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
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(2) that the person is not capable of giving consent
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to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
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(e‑5) If a physician providing medical care to a
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committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
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(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department.
The Department shall require the committed person receiving medical or dental
services on a non‑emergency basis to pay a $2 co‑payment to the Department for
each visit for medical or dental services. The amount of each co‑payment shall be deducted from the
committed person's individual account.
A committed person who has a chronic illness, as defined by Department rules
and regulations, shall be exempt from the $2 co‑payment for treatment of the
chronic illness. A committed person shall not be subject to a $2 co‑payment
for follow‑up visits ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is exempt from the
$2 co‑payment
and is entitled to receive medical or dental services on the same basis as a
committed person who is financially able to afford the co‑payment.
Notwithstanding any other provision in this subsection (f) to the contrary,
any person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3‑2.5‑15 of this Code, is exempt from the
co‑payment requirement for the duration of confinement in those facilities.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self‑help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
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separately or together, preceding the inmate's release; and
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(6) a prerelease reunification staffing involving the
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family advocate, the inmate and the child's counselor, or both and the inmate.
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(i) Prior to the release of any inmate who has a documented history
of intravenous drug use, and upon the receipt of that inmate's written
informed consent, the Department shall provide for the testing of such
inmate for infection with human immunodeficiency virus (HIV) and any other
identified causative agent of acquired immunodeficiency syndrome (AIDS). The
testing provided under this subsection shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or such other test as may be approved by
the Illinois Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered. All inmates tested in accordance with the provisions of this
subsection shall be provided with pre‑test and post‑test counseling.
Notwithstanding any provision of this subsection to the contrary, the
Department shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover all costs of
such testing and counseling are appropriated for that
purpose by the General Assembly.
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate, the Department must provide the inmate with the option of testing for infection with human immunodeficiency virus (HIV), as well as counseling in connection with such testing, with no copayment for the test. At the same time, the Department shall require each such inmate to sign a form stating that the inmate has been informed of his or her rights with respect to the testing required to be offered under this subsection (l) and providing the inmate with an opportunity to indicate either that he or she wants to be tested or that he or she does not want to be tested. The Department, in consultation with the Department of Public Health, shall prescribe the contents of the form. The
testing provided under this subsection (l) shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
Implementation of this subsection (l) is subject to appropriation.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑928, eff. 1‑1‑05; 94‑629, eff. 1‑1‑06; 94‑696, eff. 6‑1‑06.)
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(730 ILCS 5/3‑6‑3) (from Ch. 38, par. 1003‑6‑3)
Sec. 3‑6‑3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall
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prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board.
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(2) The rules and regulations on early release shall
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provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94‑71) or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94‑398), the following:
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(i) that a prisoner who is serving a term of
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imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court;
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(ii) that a prisoner serving a sentence for
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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, being an armed habitual criminal, 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 imprisonment;
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(iii) that a prisoner serving a sentence for
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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 good conduct credit for each month of his or her sentence of imprisonment; and
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(iv) that a prisoner serving a sentence for
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aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(2.1) For all offenses, other than those enumerated
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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), and other than the offense of reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 committed on or after January 1, 1999, or 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, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3‑3‑9. Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3‑3‑9.
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(2.2) A prisoner serving a term of natural life
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imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit.
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(2.3) The rules and regulations on early release
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shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 committed on or after January 1, 1999, or 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, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(2.4) The rules and regulations on early release
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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 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 good conduct credit for each month of his or her sentence of imprisonment.
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(2.5) The rules and regulations on early release
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shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92‑176) shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(3) The rules and regulations shall also provide
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that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper; 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, or 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, 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 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. Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94‑71), (ii) reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, or 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, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91‑121), or (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92‑176).
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(4) The rules and regulations shall also provide
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that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full‑time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date. However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94‑71), or if convicted of reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 if the offense is committed on or after January 1, 1999, or 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, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91‑121), 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. No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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Educational, vocational, substance abuse and
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correctional industry programs under which good conduct credit may be increased under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants.
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Availability of these programs shall be subject to
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the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The inability of any inmate to become engaged in any such programs by reason of insufficient program 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.
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(4.1) The rules and regulations shall also provide
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that an additional 60 days of good conduct credit shall be awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated. The good conduct credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of good conduct under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The good conduct credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a GED. If, after an award of the GED good conduct credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked.
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(4.5) The rules and regulations on early release
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shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93‑354), the prisoner shall receive no good conduct credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self‑help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive good conduct credit under clause (3) of this subsection (a) at the discretion of the Director.
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(5) Whenever the Department is to release any inmate
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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.
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(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5‑8‑4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3‑3‑2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of good conduct credit.
The Board may subsequently approve the revocation of additional good
conduct credit, if the Department seeks to revoke good conduct credit in
excess of 30 days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 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.
The Director of the Department of Corrections, in appropriate cases, may
restore up to 30 days good conduct credits which have been revoked, suspended
or reduced. Any restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the Board may not
restore good conduct credit in excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3‑3‑9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of good conduct credit by bringing charges against the prisoner
sought to be deprived of the good conduct credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3‑3‑2 of this Code.
If the prisoner has not accumulated 180 days of good conduct credit at the
time of the finding, then the Prisoner Review Board may revoke all
good conduct credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
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other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
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(A) it lacks an arguable basis either in law or
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(B) it is being presented for any improper
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purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal
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contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
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(D) the allegations and other factual
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contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
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(E) the denials of factual contentions are not
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warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
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(2) "Lawsuit" means a petition for post‑conviction
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relief under Article 122 of the Code of Criminal Procedure of 1963, a motion pursuant to Section 116‑3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act or an action under the federal Civil Rights Act (42 U.S.C. 1983).
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(e) Nothing in Public Act 90‑592 or 90‑593 affects the validity of Public Act 89‑404.
(Source: P.A. 93‑213, eff. 7‑18‑03; 93‑354, eff. 9‑1‑03; 94‑71, eff. 6‑23‑05; 94‑128, eff. 7‑7‑05; 94‑156, eff. 7‑8‑05; 94‑398, eff. 8‑2‑05; 94‑491, eff. 8‑8‑05; 94‑744, eff. 5‑8‑06.)
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