Ill. Admin. Code tit. 20 § 107.160

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

Section 107.160 - Restoration of Time and Credit

a) Statutory good time, day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored by the Director, or his or her designee, either by his or her own action or upon the recommendation of:

1) The Administrative Review Board;

2) The Adjustment Committee and the Chief Administrative Officer; or

3) The respective Deputy Director.

b) In determining the restoration, the Director, or his or her designee, may consider, among other matters:

1) The nature of the incident that served as the basis for the revocation;

2) The disciplinary proceedings that led to the revocation;

3) The complete master record file of the offender;

4) Any specific report or recommendation made concerning the offender;

5) The offender's entire disciplinary record;

6) The assignment performance of the offender while in the custody of the Department;

7) The educational program or achievements of the offender while in the custody of the Department; and

8) The action of the offender in:

A) Saving the life of an employee or other offender;

B) Performing heroic service during a flood, tornado or act of God;

C) Volunteering for an exceptionally hazardous or dangerous assignment; or

D) Assisting in maintaining control during a general disturbance.

c) Day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored at the discretion of the Director, or his or her designee, provided the cumulative restoration does not exceed 30 days during any 12 month period. If the cumulative amount of credit recommended for restoration exceeds 30 days, the Director, or his or her designee, shall submit the request for restoration to the Prisoner Review Board. The Board may not restore more credit to an offender than is recommended. Notification of the decision of the Director, or his or her designee, or the Prisoner Review Board shall be provided to the offender.

d) The offender may petition not more frequently than every three months through the Adjustment Committee for restoration of revoked time or credit, stating the rationale for restoration. If the Adjustment Committee recommends the restoration, the recommendation shall be forwarded through designated channels to the attention of the Director, or his or her designee. Notification of the Director's, or his or her designee's, decision shall be given to the offender.

Ill. Admin. Code tit. 20, § 107.160

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

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