Ill. Admin. Code tit. 20 § 107.120

Current through Register Vol. 48, No. 45, November 8, 2024

Section 107.120 - Good Time Schedules and Sentence Credit Applicable to Felony Sentences

a) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for offenders sentenced prior to June 1, 1977, if the schedule contained in the table would be more beneficial to the offender than awarding day for day credit as of February 1, 1978.

Statutory Good Time Calculations for Those Sentenced Prior to June 1, 1977*
SENTENCE	TIME TO BE SERVED
1^st year	11 months
2^nd year	1 year and 9 months
3^rd year	2 years and 6 months
4^th year	3 years and 2 months
5^th year	3 years and 9 months
6^th year	4 years and 3 months
7^th year	4 years and 9 months
8^th year	5 years and 3 months
9^th year	5 years and 9 months
10^th year	6 years and 3 months
11^th year	6 years and 9 months
12^th year	7 years and 3 months
13^th year	7 years and 9 months
14^th year	8 years and 3 months
15^th year	8 years and 9 months
16^th year	9 years and 3 months
17^th year	9 years and 9 months
18^th year	10 years and 3 months
19^th year	10 years and 9 months
20^th year	11 years and 3 months

*AGENCY NOTE: On the maximum sentence, six months of statutory good time is earned for each additional sentence year.

b) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for all persons sentenced to the Department on or after June 1, 1977, but prior to February 1, 1978, for establishing the time credit for that portion of the sentence that was served prior to February 1, 1978.

Statutory Good Time Calculations for Those Sentenced On or After June 1, 1997*
SENTENCE	TIME TO BE SERVED
1^st year	9 months
2^nd year	1 year and 6 months
3^rd year	2 years and 3 months
4^th year	3 years
5^th year	3 years and 9 months

*AGENCY NOTE: Three months statutory good time shall be earned for each additional sentence year.

1) For those offenders whose sentences are calculated under the table in subsection (b), the remaining portion of the sentence served on or after February 1, 1978 shall be credited with day for day credits.

2) For an offender who is sentenced on or after June 1, 1977, but prior to February 1, 1978, for an offense committed prior to June 1, 1977, the table in subsection (a) shall be used if it would be more beneficial to the offender in calculating the minimum or maximum sentence or both.

c) Compensatory good time shall be earned on those indeterminate sentences or portions of a sentence that are calculated under the statutory good time tables. Compensatory good time shall normally be awarded at the rate of 7.5 days for each month in custody. Offenders shall receive compensatory good time on a prorated basis during the month placed in and released from custody in accordance with the following table.

Prorated Compensatory Good Time
_____INCOMING FELONS___		_______RELEASED FELONS_______
Day of Month Received	Days Credit	Scheduled Date of Release	Days Credit	New Release Date
2 - 4	6	1 - 4	0	1 - 4
5 - 9	5	5 - 9	1	4 - 8
10 - 14	4	10 - 14	2	8 - 12
15 - 19	3	15 - 19	3	12 - 16
20 - 24	2	20 - 24	4	16 - 20
25 - 28	1	25 - 28	5	20 - 23
29 plus	0	29 plus	6	23

d) Offenders shall not be eligible to receive compensatory good time against that portion of their sentence that is calculated under day for day credit provisions.

1) An offender shall not be awarded compensatory good time for any month during which he or she is reported by his or her work or program supervisor for carelessness, negligence, or refusal to work, providing that not awarding compensatory good time is recommended by the facility's Adjustment Committee and approved by the Chief Administrative Officer. No offender shall lose any compensatory good time because he or she was unable to work or participate in a facility program through no fault of his or her own.

2) Any offender placed in segregation or confinement for a period of 3 days or more during a given month pursuant to a hearing before an Adjustment Committee shall not be awarded compensatory good time for that month. However, no person shall lose compensatory good time for more than one month pursuant to such a hearing unless he or she is placed in segregation or confinement for at least 10 additional days during the second and subsequent months.

3) Any offender placed on investigative status shall receive compensatory good time for that month if the investigation findings indicate that the offender did not commit a violation.

4) Every offender assigned to a transition center shall be credited with compensatory good time unless an Adjustment Committee finds that he or she has violated disciplinary rules.

5) Awarded compensatory good time may not be revoked.

e) Day for day credit, with reference to the minimum and maximum sentences, shall be calculated by awarding one day of credit for each day served for all offenders sentenced on or after February 1, 1978, if the credit would be more beneficial to the offender than statutory good time and compensatory good time credit.

f) Statutory sentence credit, with reference to determinate sentences entered on or after February 1, 1978, for offenses committed prior to June 19, 1998, shall be calculated by awarding one day of statutory sentence credit for each day served.

g) Statutory sentence credit, with reference to determinate sentences for offenses committed on or after June 19, 1998 but prior to January 1, 2018, or earned statutory sentence credit, with reference to determinate sentences for offenses committed on or after January 1, 2018, shall be awarded in accordance with the Truth in Sentencing provisions of Section 3-6-3 of the UCOC.

h) Any offender convicted of a sex offense, as defined in the Sex Offender Registration Act [ 730 ILCS 150 ], that was committed on or after June 1, 2008, shall receive no statutory sentence credit or earned statutory sentence credit unless he or she successfully completes or is participating in sex offender treatment. However, if the offender is on a waiting list for treatment but is unable to participate due solely to lack of Department resources, he or she may be awarded statutory sentence credit or earned statutory sentence credit at the discretion of the Director.

Ill. Admin. Code tit. 20, § 107.120

Amended at 37 Ill. Reg. 1598, effective February 1, 2013

Amended at 43 Ill. Reg. 3217, effective 3/1/2019