HB 4559

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Full Text of HB4559
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	HB4559 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4559
Introduced 1/30/2026, by Rep. Norma Hernandez
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-3
Amends the Unified Code of Corrections. Provides that the rules and regulations of the Department of Corrections shall provide that sentence credit 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 substance abuse program (rather than a full-time, 60-day or longer substance abuse program), county jail or detention facility work assignments, parenting program, or re-entry planning facilitated (rather than provided) by the county department of corrections or county jail or other provider. Provides that the rules and regulations shall also provide that sentence credit may be provided to a committed person who participated in supervised community work or activities prior to his or her commitment to the Department of Corrections. Provides that the rules and regulations shall also provide that any inmate who was held in pre-trial detention prior to his or her confinement to the Department of Corrections, engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities shall receive up to 0.5 days of sentence credit for each day in which the inmate is engaged in these activities.
LRB104 17574 RLC 31002 b
A BILL FOR
		HB4559		LRB104 17574 RLC 31002 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)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department of Corrections and the
11Department of Juvenile Justice shall prescribe rules and
12regulations for awarding and revoking sentence credit for
13persons committed to the Department of Juvenile Justice under
14Section 5-8-6 of the Unified Code of Corrections, which shall
15be subject to review by the Prisoner Review Board.
16    (1.5) As otherwise provided by law, sentence credit may be
17awarded for the following:
18        (A) successful completion of programming while in
19    custody of the Department of Corrections or the Department
20    of Juvenile Justice or while in custody prior to
21    sentencing;
22        (B) compliance with the rules and regulations of the
23    Department; or
		HB4559	- 2 -	LRB104 17574 RLC 31002 b
1        (C) service to the institution, service to a
2    community, or service to the State.
3    (2) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide, with respect to offenses listed in clause (i),
6(ii), or (iii) of this paragraph (2) committed on or after June
719, 1998 or with respect to the offense listed in clause (iv)
8of this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of unlawful possession of a firearm by a repeat felony
13offender committed on or after August 2, 2005 (the effective
14date of Public Act 94-398) or with respect to the offenses
15listed in clause (v) of this paragraph (2) committed on or
16after August 13, 2007 (the effective date of Public Act
1795-134) or with respect to the offense of aggravated domestic
18battery committed on or after July 23, 2010 (the effective
19date of Public Act 96-1224) or with respect to the offense of
20attempt to commit terrorism committed on or after January 1,
212013 (the effective date of Public Act 97-990), the following:
22        (i) that a prisoner who is serving a term of
23    imprisonment for first degree murder or for the offense of
24    terrorism shall receive no sentence credit and shall serve
25    the entire sentence imposed by the court;
26        (ii) that a prisoner serving a sentence for attempt to
		HB4559	- 3 -	LRB104 17574 RLC 31002 b
1    commit terrorism, attempt to commit first degree murder,
2    solicitation of murder, solicitation of murder for hire,
3    intentional homicide of an unborn child, predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, criminal sexual assault, aggravated
6    kidnapping, aggravated battery with a firearm as described
7    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
8    or (e)(4) of Section 12-3.05, heinous battery as described
9    in Section 12-4.1 or subdivision (a)(2) of Section
10    12-3.05, unlawful possession of a firearm by a repeat
11    felony offender, aggravated battery of a senior citizen as
12    described in Section 12-4.6 or subdivision (a)(4) of
13    Section 12-3.05, or aggravated battery of a child as
14    described in Section 12-4.3 or subdivision (b)(1) of
15    Section 12-3.05 shall receive no more than 4.5 days of
16    sentence credit for each month of his or her sentence of
17    imprisonment;
18        (iii) that a prisoner serving a sentence for home
19    invasion, armed robbery, aggravated vehicular hijacking,
20    aggravated discharge of a firearm, or armed violence with
21    a category I weapon or category II weapon, when the court
22    has made and entered a finding, pursuant to subsection
23    (c-1) of Section 5-4-1 of this Code, that the conduct
24    leading to conviction for the enumerated offense resulted
25    in great bodily harm to a victim, shall receive no more
26    than 4.5 days of sentence credit for each month of his or
		HB4559	- 4 -	LRB104 17574 RLC 31002 b
1    her sentence of imprisonment;
2        (iv) that a prisoner serving a sentence for aggravated
3    discharge of a firearm, whether or not the conduct leading
4    to conviction for the offense resulted in great bodily
5    harm to the victim, shall receive no more than 4.5 days of
6    sentence credit for each month of his or her sentence of
7    imprisonment;
8        (v) that a person serving a sentence for gunrunning,
9    narcotics racketeering, controlled substance trafficking,
10    methamphetamine trafficking, drug-induced homicide,
11    aggravated methamphetamine-related child endangerment,
12    money laundering pursuant to clause (c) (4) or (5) of
13    Section 29B-1 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, or a Class X felony conviction for delivery
15    of 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 with
24    intent to deliver methamphetamine, methamphetamine
25    conspiracy when the substance containing the controlled
26    substance or methamphetamine is 100 grams or more shall
		HB4559	- 5 -	LRB104 17574 RLC 31002 b
1    receive no more than 7.5 days sentence credit for each
2    month of his or her sentence of imprisonment;
3        (vi) that a prisoner serving a sentence for a second
4    or subsequent offense of luring a minor shall receive no
5    more than 4.5 days of sentence credit for each month of his
6    or her sentence of imprisonment; and
7        (vii) that a prisoner serving a sentence for
8    aggravated domestic battery shall receive no more than 4.5
9    days of sentence credit for each month of his or her
10    sentence of imprisonment.
11    (2.1) For all offenses, other than those enumerated in
12subdivision (a)(2)(i), (ii), or (iii) committed on or after
13June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14June 23, 2005 (the effective date of Public Act 94-71) or
15subdivision (a)(2)(v) committed on or after August 13, 2007
16(the effective date of Public Act 95-134) or subdivision
17(a)(2)(vi) committed on or after June 1, 2008 (the effective
18date of Public Act 95-625) or subdivision (a)(2)(vii)
19committed on or after July 23, 2010 (the effective date of
20Public Act 96-1224), and other than the offense of aggravated
21driving under the influence of alcohol, other drug or drugs,
22or intoxicating compound or compounds, or any combination
23thereof as defined in subparagraph (F) of paragraph (1) of
24subsection (d) of Section 11-501 of the Illinois Vehicle Code,
25and other than the offense of aggravated driving under the
26influence of alcohol, other drug or drugs, or intoxicating
		HB4559	- 6 -	LRB104 17574 RLC 31002 b
1compound or compounds, or any combination thereof as defined
2in subparagraph (C) of paragraph (1) of subsection (d) of
3Section 11-501 of the Illinois Vehicle Code committed on or
4after January 1, 2011 (the effective date of Public Act
596-1230), the rules and regulations shall provide that a
6prisoner who is serving a term of imprisonment shall receive
7one day of sentence credit for each day of his or her sentence
8of imprisonment or recommitment under Section 3-3-9. Each day
9of sentence credit shall reduce by one day the prisoner's
10period of imprisonment or recommitment under Section 3-3-9.
11    (2.2) A prisoner serving a term of natural life
12imprisonment shall receive no sentence credit.
13    (2.3) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of
19paragraph (1) of subsection (d) of Section 11-501 of the
20Illinois Vehicle Code, shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (2.4) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide with respect to the offenses of aggravated
26battery with a machine gun or a firearm equipped with any
		HB4559	- 7 -	LRB104 17574 RLC 31002 b
1device or attachment designed or used for silencing the report
2of a firearm or aggravated discharge of a machine gun or a
3firearm equipped with any device or attachment designed or
4used for silencing the report of a firearm, committed on or
5after July 15, 1999 (the effective date of Public Act 91-121),
6that a prisoner serving a sentence for any of these offenses
7shall receive no more than 4.5 days of sentence credit for each
8month of his or her sentence of imprisonment.
9    (2.5) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide that a prisoner who is serving a sentence for
12aggravated arson committed on or after July 27, 2001 (the
13effective date of Public Act 92-176) shall receive no more
14than 4.5 days of sentence credit for each month of his or her
15sentence of imprisonment.
16    (2.6) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds or any
21combination thereof as defined in subparagraph (C) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code committed on or after January 1, 2011
24(the effective date of Public Act 96-1230) shall receive no
25more than 4.5 days of sentence credit for each month of his or
26her sentence of imprisonment.
		HB4559	- 8 -	LRB104 17574 RLC 31002 b
1    (3) In addition to the sentence credits earned under
2paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that the Director of Corrections or the Director of Juvenile
5Justice may award up to 180 days of earned sentence credit for
6prisoners serving a sentence of incarceration of less than 5
7years, and up to 365 days of earned sentence credit for
8prisoners serving a sentence of 5 years or longer. The
9Director may grant this credit for good conduct in specific
10instances as either Director deems proper for eligible persons
11in the custody of each Director's respective Department. The
12good conduct may include, but is not limited to, compliance
13with the rules and regulations of the Department, service to
14the Department, service to a community, or service to the
15State.
16    Eligible inmates for an award of earned sentence credit
17under this paragraph (3) may be selected to receive the credit
18at either Director's or his or her designee's sole discretion.
19Eligibility for the additional earned sentence credit under
20this paragraph (3) may be based on, but is not limited to,
21participation in programming offered by the Department as
22appropriate for the prisoner based on the results of any
23available risk/needs assessment or other relevant assessments
24or evaluations administered by the Department using a
25validated instrument, the circumstances of the crime,
26demonstrated commitment to rehabilitation by a prisoner with a
		HB4559	- 9 -	LRB104 17574 RLC 31002 b
1history of conviction for a forcible felony enumerated in
2Section 2-8 of the Criminal Code of 2012, the inmate's
3behavior and improvements in disciplinary history while
4incarcerated, and the inmate's commitment to rehabilitation,
5including participation in programming offered by the
6Department.
7    The Director of Corrections or the Director of Juvenile
8Justice shall not award sentence credit under this paragraph
9(3) to an inmate unless the inmate has served a minimum of 60
10days of the sentence, including time served in a county jail;
11except nothing in this paragraph shall be construed to permit
12either Director to extend an inmate's sentence beyond that
13which was imposed by the court. Prior to awarding credit under
14this paragraph (3), each Director shall make a written
15determination that the inmate:
16        (A) is eligible for the earned sentence credit;
17        (B) has served a minimum of 60 days, or as close to 60
18    days as the sentence will allow;
19        (B-1) has received a risk/needs assessment or other
20    relevant evaluation or assessment administered by the
21    Department using a validated instrument; and
22        (C) has met the eligibility criteria established by
23    rule for earned sentence credit.
24    The Director of Corrections or the Director of Juvenile
25Justice shall determine the form and content of the written
26determination required in this subsection.
		HB4559	- 10 -	LRB104 17574 RLC 31002 b
1    (3.5) The Department shall provide annual written reports
2to the Governor and the General Assembly on the award of earned
3sentence credit no later than February 1 of each year. The
4Department must publish both reports on its website within 48
5hours of transmitting the reports to the Governor and the
6General Assembly. The reports must include:
7        (A) the number of inmates awarded earned sentence
8    credit;
9        (B) the average amount of earned sentence credit
10    awarded;
11        (C) the holding offenses of inmates awarded earned
12    sentence credit; and
13        (D) the number of earned sentence credit revocations.
14    (4)(A) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations shall also provide
16that any prisoner who is engaged full-time in substance abuse
17programs, correctional industry assignments, educational
18programs, work-release programs or activities in accordance
19with Article 13 of Chapter III of this Code, behavior
20modification programs, life skills courses, or re-entry
21planning provided by the Department under this paragraph (4)
22and satisfactorily completes the assigned program as
23determined by the standards of the Department, shall receive
24one day of sentence credit for each day in which that prisoner
25is engaged in the activities described in this paragraph. The
26rules and regulations shall also provide that sentence credit
		HB4559	- 11 -	LRB104 17574 RLC 31002 b
1may be provided to an inmate who was held in pre-trial
2detention prior to his or her current commitment to the
3Department of Corrections and successfully completed a
4[full-time, 60-day or longer] substance abuse program, county 
5jail or detention facility work assignments, educational
6program, behavior modification program, life skills course,
7parenting program, or re-entry planning facilitated [provided]
8by the county department of corrections or county jail or 
9other provider. The rules and regulations shall also provide 
10that sentence credit may be provided to a committed person who 
11participated in supervised community work or activities in 
12accordance with Section 5-5-9 prior to his or her commitment 
13to the Department of Corrections. Calculation of this county
14program credit shall be done at sentencing as provided in
15Section 5-4.5-100 of this Code and shall be included in the
16sentencing order. The rules and regulations shall also provide
17that sentence credit may be provided to an inmate who is in
18compliance with programming requirements in an adult
19transition center.
20    (B) The Department shall award sentence credit under this
21paragraph (4) accumulated prior to January 1, 2020 (the
22effective date of Public Act 101-440) in an amount specified
23in subparagraph (C) of this paragraph (4) to an inmate serving
24a sentence for an offense committed prior to June 19, 1998, if
25the Department determines that the inmate is entitled to this
26sentence credit, based upon:
		HB4559	- 12 -	LRB104 17574 RLC 31002 b
1        (i) documentation provided by the Department that the
2    inmate engaged in any full-time substance abuse programs,
3    correctional industry assignments, educational programs,
4    behavior modification programs, life skills courses, or
5    re-entry planning provided by the Department under this
6    paragraph (4) and satisfactorily completed the assigned
7    program as determined by the standards of the Department
8    during the inmate's current term of incarceration; or
9        (ii) the inmate's own testimony in the form of an
10    affidavit or documentation, or a third party's
11    documentation or testimony in the form of an affidavit
12    that the inmate likely engaged in any full-time substance
13    abuse programs, correctional industry assignments,
14    educational programs, behavior modification programs, life
15    skills courses, or re-entry planning provided by the
16    Department under paragraph (4) and satisfactorily
17    completed the assigned program as determined by the
18    standards of the Department during the inmate's current
19    term of incarceration.
20    (C) If the inmate can provide documentation that he or she
21is entitled to sentence credit under subparagraph (B) in
22excess of 45 days of participation in those programs, the
23inmate shall receive 90 days of sentence credit. If the inmate
24cannot provide documentation of more than 45 days of
25participation in those programs, the inmate shall receive 45
26days of sentence credit. In the event of a disagreement
		HB4559	- 13 -	LRB104 17574 RLC 31002 b
1between the Department and the inmate as to the amount of
2credit accumulated under subparagraph (B), if the Department
3provides documented proof of a lesser amount of days of
4participation in those programs, that proof shall control. If
5the Department provides no documentary proof, the inmate's
6proof as set forth in clause (ii) of subparagraph (B) shall
7control as to the amount of sentence credit provided.
8    (D) If the inmate has been convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act,
10sentencing credits under subparagraph (B) of this paragraph
11(4) shall be awarded by the Department only if the conditions
12set forth in paragraph (4.6) of subsection (a) are satisfied.
13No inmate serving a term of natural life imprisonment shall
14receive sentence credit under subparagraph (B) of this
15paragraph (4).
16    (E) The rules and regulations shall provide for the
17recalculation of program credits awarded pursuant to this
18paragraph (4) prior to July 1, 2021 (the effective date of
19Public Act 101-652) at the rate set for such credits on and
20after July 1, 2021.
21    Educational, vocational, substance abuse, behavior
22modification programs, life skills courses, re-entry planning,
23and correctional industry programs under which sentence credit
24may be earned under this paragraph (4) and paragraph (4.1) of
25this subsection (a) shall be evaluated by the Department on
26the basis of documented standards. The Department shall report
		HB4559	- 14 -	LRB104 17574 RLC 31002 b
1the results of these evaluations to the Governor and the
2General Assembly by September 30th of each year. The reports
3shall include data relating to the recidivism rate among
4program participants.
5    Availability of these programs shall be subject to the
6limits of fiscal resources appropriated by the General
7Assembly for these purposes. Eligible inmates who are denied
8immediate admission shall be placed on a waiting list under
9criteria established by the Department. The rules and
10regulations shall provide that a prisoner who has been placed
11on a waiting list but is transferred for non-disciplinary
12reasons before beginning a program shall receive priority
13placement on the waitlist for appropriate programs at the new
14facility. The inability of any inmate to become engaged in any
15such programs by reason of insufficient program resources or
16for any other reason established under the rules and
17regulations of the Department shall not be deemed a cause of
18action under which the Department or any employee or agent of
19the Department shall be liable for damages to the inmate. The
20rules and regulations shall provide that a prisoner who begins
21an educational, vocational, substance abuse, work-release
22programs or activities in accordance with Article 13 of
23Chapter III of this Code, behavior modification program, life
24skills course, re-entry planning, or correctional industry
25programs but is unable to complete the program due to illness,
26disability, transfer, lockdown, or another reason outside of
		HB4559	- 15 -	LRB104 17574 RLC 31002 b
1the prisoner's control shall receive prorated sentence credits
2for the days in which the prisoner did participate.
3    (4.1) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations shall also provide
5that an additional 90 days of sentence credit shall be awarded
6to any prisoner who passes high school equivalency testing
7while the prisoner is committed to the Department of
8Corrections. The sentence credit awarded under this paragraph
9(4.1) shall be in addition to, and shall not affect, the award
10of sentence credit under any other paragraph of this Section,
11but shall also be pursuant to the guidelines and restrictions
12set forth in paragraph (4) of subsection (a) of this Section.
13The sentence credit provided for in this paragraph shall be
14available only to those prisoners who have not previously
15earned a high school diploma or a State of Illinois High School
16Diploma. If, after an award of the high school equivalency
17testing sentence credit has been made, the Department
18determines that the prisoner was not eligible, then the award
19shall be revoked. The Department may also award 90 days of
20sentence credit to any committed person who passed high school
21equivalency testing while he or she was held in pre-trial
22detention prior to the current commitment to the Department of
23Corrections. Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall provide that
25an additional 120 days of sentence credit shall be awarded to
26any prisoner who obtains an associate degree while the
		HB4559	- 16 -	LRB104 17574 RLC 31002 b
1prisoner is committed to the Department of Corrections,
2regardless of the date that the associate degree was obtained,
3including if prior to July 1, 2021 (the effective date of
4Public Act 101-652). The sentence credit awarded under this
5paragraph (4.1) shall be in addition to, and shall not affect,
6the award of sentence credit under any other paragraph of this
7Section, but shall also be under the guidelines and
8restrictions set forth in paragraph (4) of subsection (a) of
9this Section. The sentence credit provided for in this
10paragraph (4.1) shall be available only to those prisoners who
11have not previously earned an associate degree prior to the
12current commitment to the Department of Corrections. If, after
13an award of the associate degree sentence credit has been made
14and the Department determines that the prisoner was not
15eligible, then the award shall be revoked. The Department may
16also award 120 days of sentence credit to any committed person
17who earned an associate degree while he or she was held in
18pre-trial detention prior to the current commitment to the
19Department of Corrections.
20    Except as provided in paragraph (4.7) of this subsection
21(a), the rules and regulations shall provide that an
22additional 180 days of sentence credit shall be awarded to any
23prisoner who obtains a bachelor's degree while the prisoner is
24committed to the Department of Corrections. The sentence
25credit awarded under this paragraph (4.1) shall be in addition
26to, and shall not affect, the award of sentence credit under
		HB4559	- 17 -	LRB104 17574 RLC 31002 b
1any other paragraph of this Section, but shall also be under
2the guidelines and restrictions set forth in paragraph (4) of
3this subsection (a). The sentence credit provided for in this
4paragraph shall be available only to those prisoners who have
5not earned a bachelor's degree prior to the current commitment
6to the Department of Corrections. If, after an award of the
7bachelor's degree sentence credit has been made, the
8Department determines that the prisoner was not eligible, then
9the award shall be revoked. The Department may also award 180
10days of sentence credit to any committed person who earned a
11bachelor's degree while he or she was held in pre-trial
12detention prior to the current commitment to the Department of
13Corrections.
14    Except as provided in paragraph (4.7) of this subsection
15(a), the rules and regulations shall provide that an
16additional 180 days of sentence credit shall be awarded to any
17prisoner who obtains a master's or professional degree while
18the prisoner is committed to the Department of Corrections.
19The sentence credit awarded under this paragraph (4.1) shall
20be in addition to, and shall not affect, the award of sentence
21credit under any other paragraph of this Section, but shall
22also be under the guidelines and restrictions set forth in
23paragraph (4) of this subsection (a). The sentence credit
24provided for in this paragraph shall be available only to
25those prisoners who have not previously earned a master's or
26professional degree prior to the current commitment to the
		HB4559	- 18 -	LRB104 17574 RLC 31002 b
1Department of Corrections. If, after an award of the master's
2or professional degree sentence credit has been made, the
3Department determines that the prisoner was not eligible, then
4the award shall be revoked. The Department may also award 180
5days of sentence credit to any committed person who earned a
6master's or professional degree while he or she was held in
7pre-trial detention prior to the current commitment to the
8Department of Corrections.
9    (4.2)(A) The rules and regulations shall also provide that
10any prisoner or inmate who was held in pre-trial detention 
11prior to his or her confinement to the Department of 
12Corrections, engaged in self-improvement programs, volunteer
13work, or work assignments that are not otherwise eligible
14activities under paragraph (4), shall receive up to 0.5 days
15of sentence credit for each day in which the prisoner or inmate
16is engaged in activities described in this paragraph.
17    (B) The rules and regulations shall provide for the award
18of sentence credit under this paragraph (4.2) for qualifying
19days of engagement in eligible activities occurring prior to
20July 1, 2021 (the effective date of Public Act 101-652).
21    (4.5) The rules and regulations on sentence credit shall
22also provide that when the court's sentencing order recommends
23a prisoner for substance abuse treatment and the crime was
24committed on or after September 1, 2003 (the effective date of
25Public Act 93-354), the prisoner shall receive no sentence
26credit awarded under clause (3) of this subsection (a) unless
		HB4559	- 19 -	LRB104 17574 RLC 31002 b
1he or she participates in and completes a substance abuse
2treatment program. The Director of Corrections may waive the
3requirement to participate in or complete a substance abuse
4treatment program in specific instances if the prisoner is not
5a good candidate for a substance abuse treatment program for
6medical, programming, or operational reasons. Availability of
7substance abuse treatment shall be subject to the limits of
8fiscal resources appropriated by the General Assembly for
9these purposes. If treatment is not available and the
10requirement to participate and complete the treatment has not
11been waived by the Director, the prisoner shall be placed on a
12waiting list under criteria established by the Department. The
13Director may allow a prisoner placed on a waiting list to
14participate in and complete a substance abuse education class
15or attend substance abuse self-help meetings in lieu of a
16substance abuse treatment program. A prisoner on a waiting
17list who is not placed in a substance abuse program prior to
18release may be eligible for a waiver and receive sentence
19credit under clause (3) of this subsection (a) at the
20discretion of the Director.
21    (4.6) The rules and regulations on sentence credit shall
22also provide that a prisoner who has been convicted of a sex
23offense as defined in Section 2 of the Sex Offender
24Registration Act shall receive no sentence credit unless he or
25she either has successfully completed or is participating in
26sex offender treatment as defined by the Sex Offender
		HB4559	- 20 -	LRB104 17574 RLC 31002 b
1Management Board. However, prisoners who are waiting to
2receive treatment, but who are unable to do so due solely to
3the lack of resources on the part of the Department, may, at
4either Director's sole discretion, be awarded sentence credit
5at a rate as the Director shall determine.
6    (4.7) On or after January 1, 2018 (the effective date of
7Public Act 100-3), sentence credit under paragraph (3), (4),
8or (4.1) of this subsection (a) may be awarded to a prisoner
9who is serving a sentence for an offense described in
10paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
11on or after January 1, 2018 (the effective date of Public Act
12100-3); provided, the award of the credits under this
13paragraph (4.7) shall not reduce the sentence of the prisoner
14to less than the following amounts:
15        (i) 85% of his or her sentence if the prisoner is
16    required to serve 85% of his or her sentence; or
17        (ii) 60% of his or her sentence if the prisoner is
18    required to serve 75% of his or her sentence, except if the
19    prisoner is serving a sentence for gunrunning his or her
20    sentence shall not be reduced to less than 75%.
21        (iii) 100% of his or her sentence if the prisoner is
22    required to serve 100% of his or her sentence.
23    (5) Whenever the Department is to release any inmate
24earlier than it otherwise would because of a grant of earned
25sentence credit under paragraph (3) of subsection (a) of this
26Section given at any time during the term, the Department
		HB4559	- 21 -	LRB104 17574 RLC 31002 b
1shall give reasonable notice of the impending release not less
2than 14 days prior to the date of the release to the State's
3Attorney of the county where the prosecution of the inmate
4took place, and if applicable, the State's Attorney of the
5county into which the inmate will be released. The Department
6must also make identification information and a recent photo
7of the inmate being released accessible on the Internet by
8means of a hyperlink labeled "Community Notification of Inmate
9Early Release" on the Department's World Wide Web homepage.
10The identification information shall include the inmate's:
11name, any known alias, date of birth, physical
12characteristics, commitment offense, and county where
13conviction was imposed. The identification information shall
14be placed on the website within 3 days of the inmate's release
15and the information may not be removed until either:
16completion of the first year of mandatory supervised release
17or return of the inmate to custody of the Department.
18    (b) Whenever a person is or has been committed under
19several convictions, with separate sentences, the sentences
20shall be construed under Section 5-8-4 in granting and
21forfeiting of sentence credit.
22    (c) (1) The Department shall prescribe rules and
23regulations for revoking sentence credit, including revoking
24sentence credit awarded under paragraph (3) of subsection (a)
25of this Section. The Department shall prescribe rules and
26regulations establishing and requiring the use of a sanctions
		HB4559	- 22 -	LRB104 17574 RLC 31002 b
1matrix for revoking sentence credit. The Department shall
2prescribe rules and regulations for suspending or reducing the
3rate of accumulation of sentence credit for specific rule
4violations, during imprisonment. These rules and regulations
5shall provide that no inmate may be penalized more than one
6year of sentence credit for any one infraction.
7    (2) When the Department seeks to revoke, suspend, or
8reduce the rate of accumulation of any sentence credits for an
9alleged infraction of its rules, it shall bring charges
10therefor against the prisoner sought to be so deprived of
11sentence credits before the Prisoner Review Board as provided
12in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
13amount of credit at issue exceeds 30 days, whether from one
14infraction or cumulatively from multiple infractions arising
15out of a single event, or when, during any 12-month period, the
16cumulative amount of credit revoked exceeds 30 days except
17where the infraction is committed or discovered within 60 days
18of scheduled release. In those cases, the Department of
19Corrections may revoke up to 30 days of sentence credit. The
20Board may subsequently approve the revocation of additional
21sentence credit, if the Department seeks to revoke sentence
22credit in excess of 30 days. However, the Board shall not be
23empowered to review the Department's decision with respect to
24the loss of 30 days of sentence credit within any calendar year
25for any prisoner or to increase any penalty beyond the length
26requested by the Department.
		HB4559	- 23 -	LRB104 17574 RLC 31002 b
1    (3) The Director of Corrections or the Director of
2Juvenile Justice, in appropriate cases, may restore sentence
3credits which have been revoked, suspended, or reduced. The
4Department shall prescribe rules and regulations governing the
5restoration of sentence credits. These rules and regulations
6shall provide for the automatic restoration of sentence
7credits following a period in which the prisoner maintains a
8record without a disciplinary violation.
9    Nothing contained in this Section shall prohibit the
10Prisoner Review Board from ordering, pursuant to Section
113-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12sentence imposed by the court that was not served due to the
13accumulation of sentence credit.
14    (d) If a lawsuit is filed by a prisoner in an Illinois or
15federal court against the State, the Department of
16Corrections, or the Prisoner Review Board, or against any of
17their officers or employees, and the court makes a specific
18finding that a pleading, motion, or other paper filed by the
19prisoner is frivolous, the Department of Corrections shall
20conduct a hearing to revoke up to 180 days of sentence credit
21by bringing charges against the prisoner sought to be deprived
22of the sentence credits before the Prisoner Review Board as
23provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
24If the prisoner has not accumulated 180 days of sentence
25credit at the time of the finding, then the Prisoner Review
26Board may revoke all sentence credit accumulated by the
		HB4559	- 24 -	LRB104 17574 RLC 31002 b
1prisoner.
2    For purposes of this subsection (d):
3        (1) "Frivolous" means that a pleading, motion, or
4    other filing which purports to be a legal document filed
5    by a prisoner in his or her lawsuit meets any or all of the
6    following criteria:
7            (A) it lacks an arguable basis either in law or in
8        fact;
9            (B) it is being presented for any improper
10        purpose, such as to harass or to cause unnecessary
11        delay or needless increase in the cost of litigation;
12            (C) the claims, defenses, and other legal
13        contentions therein are not warranted by existing law
14        or by a nonfrivolous argument for the extension,
15        modification, or reversal of existing law or the
16        establishment of new law;
17            (D) the allegations and other factual contentions
18        do not have evidentiary support or, if specifically so
19        identified, are not likely to have evidentiary support
20        after a reasonable opportunity for further
21        investigation or discovery; or
22            (E) the denials of factual contentions are not
23        warranted on the evidence, or if specifically so
24        identified, are not reasonably based on a lack of
25        information or belief.
26        (2) "Lawsuit" means a motion pursuant to Section 116-3
		HB4559	- 25 -	LRB104 17574 RLC 31002 b
1    of the Code of Criminal Procedure of 1963, a habeas corpus
2    action under Article X of the Code of Civil Procedure or
3    under federal law (28 U.S.C. 2254), a petition for claim
4    under the Court of Claims Act, an action under the federal
5    Civil Rights Act (42 U.S.C. 1983), or a second or
6    subsequent petition for post-conviction relief under
7    Article 122 of the Code of Criminal Procedure of 1963
8    whether filed with or without leave of court or a second or
9    subsequent petition for relief from judgment under Section
10    2-1401 of the Code of Civil Procedure.
11    (e) Nothing in Public Act 90-592 or 90-593 affects the
12validity of Public Act 89-404.
13    (f) Whenever the Department is to release any inmate who
14has been convicted of a violation of an order of protection
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
16the Criminal Code of 2012, earlier than it otherwise would
17because of a grant of sentence credit, the Department, as a
18condition of release, shall require that the person, upon
19release, be placed under electronic surveillance as provided
20in Section 5-8A-7 of this Code.
21(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
22102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
231-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
24eff. 7-1-24; 103-822, eff. 1-1-25.)