Ill. Admin. Code tit. 20 § 107.210

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

Section 107.210 - Awarding of Earned Discretionary Sentence Credit

a) The Director, or the Director's designee, may award eligible individuals in custody additional credit up to a maximum of 180 days for individuals serving a sentence of less than five years and a maximum of 365 days for individuals serving a sentence of five or more years in accordance with Section 3-6-3(a)(3) of the UCOC, for good conduct. However, individuals in custody shall not be eligible to receive earned discretionary sentence credit, supplemental sentence credit, meritorious good time, or an aggregation of these credits if the sentence credit:

1) is greater than the statutory maximum during one term of sentence; and

2) reduces the sentence to less than:

A) 85% for individuals in custody required to serve 85% of their sentence; or

B) 60% for individuals in custody required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.

b) In determining whether or not to award earned discretionary sentence credit, the Director, or the Director's designee:

1) Shall make a determination, either in written or electronic form, that the individual in custody:

A) Is eligible, based on the individual's holding offenses, to receive earned discretionary sentence credit;

B) Has served a minimum of 60 days of the individual's sentence in the custody of the Department; and

C) Has received a risk and needs assessment administered with a validated instrument;

2) May examine or consider, among other matters:

A) The complete master record file of the individual in custody, including, but not limited to, sentencing material including the facts and circumstances of the holding offense, disciplinary records, and reports or recommendations made concerning the individual in custody.

B) Results of an available risk and needs assessment analysis or an evaluation from a validated instrument.

C) History of conviction for forcible felony as provided in Section 2-8 of the Criminal Code of 2012.

D) The assignment performance of the individual in custody while in the custody of the Department.

E) Educational or program performance and achievements of the individual while in the custody of the Department.

F) Service to the Department, community or State.

G) Heroic action of the individual in custody such as saving the life of an employee or other offender.

H) The individual's commitment to rehabilitation while in custody.

c) The decision to award earned discretionary sentence credit shall be at the sole discretion of the Director or the Director's designee.

d) No individual in custody shall be eligible to receive earned discretionary sentence credit if the individual:

1) Is serving a term of natural life or has been sentenced to death;

2) Is serving a sentence for first degree murder or for the offense of terrorism;

3) Has been found guilty of a 100-level disciplinary offense under 20 Ill. Adm. Code 504 during the 12 months preceding the review; or

4) Has been found guilty of, or has a pending charge resulting from, a criminal offense committed during the individual's current term of incarceration.

e) No individual in custody whose court sentencing order recommends substance abuse treatment for offenses committed on or after September 1, 2003 shall be awarded earned discretionary sentence credit unless:

1) the individual participates in and completes a substance abuse treatment program; or

2) the Director waives the requirement to participate in or complete the treatment program in specific instances in which the individual in custody is not a good candidate for the program due to medical, programming or operations reasons. When substance abuse treatment is not available, offenders shall be placed on a waiting list for treatment. Individuals in Custody on a waiting list who are not placed in a substance abuse treatment program prior to release may be eligible for a waiver and receive earned discretionary sentence credit as determined by the Director or the Director's designee.

f) No individual in custody who has been convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150 ], committed on or after June 1, 2008 shall be awarded earned discretionary sentence credit unless the individual:

1) Successfully completes or is participating in sex offender treatment as defined by the Sex Offender Management Board (see 20 Ill. Adm. Code 1905); or

2) Receives a waiver due solely to lack of Department resources.

g) Habitual juveniles individuals in custody or violent juveniles in custody as defined in 705 ILCS 405/5-815 and 5 -820 shall not be eligible for earned discretionary sentence credit.

Ill. Admin. Code tit. 20, § 107.210

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

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

Amended at 45 Ill. Reg. 4432, effective 4/1/2021

Amended at 46 Ill. Reg. 19974, effective 11/29/2022