HB 94

Abstract

Amends the Cannabis Control Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 550/2 Adds reference to: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that any inmate currently serving a sentence for an offense committed prior to June 19, 1998 shall receive specified sentence credits if the inmate satisfactorily completes an assigned program as determined by the standards of the Department of Corrections. Provides that all inmates serving a sentence for an offense committed prior to June 19, 1998 who were not provided specified sentence credits prior to the effective date of the amendatory Act shall be provided with sentence credit if the inmate engaged in any full-time in substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department prior to the effective date of the amendatory Act. Provides that the rules and regulations of the Department of Corrections shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections, regardless of the date that the bachelor's degree was obtained, including if prior to the effective date of the amendatory Act. Provides that the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections, regardless of the date that the master's or professional degree was obtained, including if prior to the effective date of the amendatory Act. Provides that if, after an award of the sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. Provides that the Department may also award 180 days of sentence credit to any committed person who earned these degrees while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall award sentence credit accumulated prior to the effective date of the amendatory Act for participation in full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department of Corrections in an amount specified in this provision to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon: (1) documentation provided by the Department that the inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or (2) the inmate's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration. Provides that if the inmate can provide documentation that he or she is entitled to sentence credit under this provision in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. Provides that if the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. Provides that in the event of a disagreement between the Department and the inmate as to the amount of credit under this provision accumulated, if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. Provides that if the Department provides no documentary proof, the inmate's proof as set forth in this provision shall control as to the amount of sentence credit provided. Provides that if the inmate has been convicted of a sex offense as defined in the Sex Offender Registration Act, sentencing credits under this provision shall be awarded by the Department only if the inmate successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. Provides that no inmate serving a term of natural life imprisonment shall receive sentence credit under this provision. Provides that sentence credits for specified offenses and purposes do not apply if the prisoner is required to serve 100% of his or her sentence (rather than not applying if the prisoner is serving a sentence for first degree murder or terrorism). Provides that under certain restrictions and exceptions an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree or who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.