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Author Topic: Will Every Inmate Be Eligible for Supplemental Sentence Credits?  (Read 31232 times)
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Forevermah
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« on: June 25, 2012, 07:18:56 AM »

How long will it be before DOC is ready to start awarding Sentence Credits?

Before SB 2621 goes to the Governor, it must be certified by both the House and Senate. Once it is certified, the bill must be sent to the Governor within 30 days. When the Governor receives the bill, he will then have 60 days to sign it.

Once SB 2621 is signed into law, DOC will have to create and promulgate new administrative rules that will govern its application.




Will every inmate be eligible for 180 days of Sentence Credits?

No. While SB 2621 will authorize DOC to consider offenders' criminal histories in awarding Sentence Credits, it will also limit and exclude a host of offenses. See See Rules and Regulations for Early Release, 30 ILCS 5/3-6-3 (from Ch. 38, par. 1003-6-3) (see below)




(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3. Rules and Regulations for Early Release.

        (a) (1) The Department of Corrections shall prescribe
       
rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board.

        (2) The rules and regulations on early release shall
       
provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224), the following:

            (i) that a prisoner who is serving a term of
           
imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court;

            (ii) that a prisoner serving a sentence for
           
attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;

            (iii) that a prisoner serving a sentence for home
           
invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;

            (iv) that a prisoner serving a sentence for
           
aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;

            (v) that a person serving a sentence for
           
gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days good conduct credit for each month of his or her sentence of imprisonment;

            (vi) that a prisoner serving a sentence for a
           
second or subsequent offense of luring a minor shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment; and

            (vii) that a prisoner serving a sentence for
           
aggravated domestic battery shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

        (2.1) For all offenses, other than those enumerated
       
in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9.

        (2.2) A prisoner serving a term of natural life
       
imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit.

        (2.3) The rules and regulations on early release
       
shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

        (2.4) The rules and regulations on early release
       
shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

        (2.5) The rules and regulations on early release
       
shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

        (2.6) The rules and regulations on early release
       
shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

        (3) The rules and regulations shall also provide that
       
the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper; except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, endangering the life or health of a child, or cruelty to a child. Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) when the offense is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224), (ii) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91-121), (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176), (v) offenses that may subject the offender to commitment under the Sexually Violent Persons Commitment Act, or (vi) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230).

        The Director shall not award good conduct credit for
       
meritorious service under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence; except nothing in this paragraph shall be construed to permit the Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), the Director shall make a written determination that the inmate:

            (A) is eligible for good conduct credit for
           
meritorious service;

            (B) has served a minimum of 60 days, or as close
           
to 60 days as the sentence will allow; and

            (C) has met the eligibility criteria established
           
by rule.

        The Director shall determine the form and content of
       
the written determination required in this subsection.

        (4) The rules and regulations shall also provide that
       
the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date. However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) of this Section that is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224), or if convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, or if convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91-121), or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.

        Educational, vocational, substance abuse and
       
correctional industry programs under which good conduct credit may be increased under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants.

        Availability of these programs shall be subject to
       
the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate.

        (4.1) The rules and regulations shall also provide
       
that an additional 60 days of good conduct credit shall be awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated. The good conduct credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of good conduct under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The good conduct credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a GED. If, after an award of the GED good conduct credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked.

        (4.5) The rules and regulations on early release
       
shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no good conduct credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive good conduct credit under clause (3) of this subsection (a) at the discretion of the Director.

        (4.6) The rules and regulations on early release
       
shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no good conduct credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive such treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at the Director's sole discretion, be awarded good conduct credit at such rate as the Director shall determine.

        (5) Whenever the Department is to release any inmate
       
earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.

    (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of good time.

    (c) The Department shall prescribe rules and regulations for revoking good conduct credit, or suspending or reducing the rate of accumulation of good conduct credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of good conduct credit for any one infraction.

    When the Department seeks to revoke, suspend or reduce the rate of accumulation of any good conduct credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days or when during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of good conduct credit. The Board may subsequently approve the revocation of additional good conduct credit, if the Department seeks to revoke good conduct credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.

    The Director of the Department of Corrections, in appropriate cases, may restore up to 30 days good conduct credits which have been revoked, suspended or reduced. Any restoration of good conduct credits in excess of 30 days shall be subject to review by the Prisoner Review Board. However, the Board may not restore good conduct credit in excess of the amount requested by the Director.

    Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of good conduct credit.

    (d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the prisoner.

    For purposes of this subsection (d):


        (1) "Frivolous" means that a pleading, motion, or
       
other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
            (A) it lacks an arguable basis either in law or
           
in fact;
            (B) it is being presented for any improper
           
purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

            (C) the claims, defenses, and other legal
           
contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

            (D) the allegations and other factual contentions

           
do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or

            (E) the denials of factual contentions are not

           
warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.

        (2) "Lawsuit" means a motion pursuant to Section
       
116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.

    (e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.

    (f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961, earlier than it otherwise would because of a grant of good conduct credit, the Department, as a condition of such early release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.

(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. 8-12-11.)
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« Reply #1 on: June 25, 2012, 03:58:11 PM »

Under the regulations posted today on here im wondering about section 4.6 part b. My wife was sentenced to 2 yrs on one case 2 yrs on another to be ran together,then she was sentenced to 1 year to be ran on the back for a total of three yrs. It was all for minor theft and she was rated low level and is due to go to decatur just wondering if she is eligible for early release after reading the section i refered to above. Plz help me!
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« Reply #2 on: June 25, 2012, 04:26:30 PM »

 wc11 Thanks to IPT for legit information, I been reading the forums for awhile now. It's helped me out a lot with questions and what not! Thanks again you all for making this happen! Still not sure if he gets good credit but whoever is eligible for it is a great thing.
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« Reply #3 on: June 25, 2012, 05:37:49 PM »

I have to agree tand....not sure my hubby will be eligible either..he is in on agg dui..so some i read says he is eligible for 4.5 days and then another spot says only day for day..someday i will inderstand all of this...my hubby is on his second month of being incarcereated for the first time...i am happy for all the people who do have l/o who will be eligible..family reunited is always a blessing..
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« Reply #4 on: June 25, 2012, 06:43:34 PM »

For those trying to decifer the bill, it's important not confuse the truth in sentencing aspect of the bill with the sentence credit (formerly MGT/SMGT). There is 100% sentencing, 85% sentencing, 75% sentencing, and 50% sentencing (day for day). When it refers to no more than 4.5 days of good conduct credit per month, that is the actual sentence. It has nothing to do with the available 180 days of sentencing credit.

When IDOC starts processing this new law, we will all find out who is qualifying and what the qualifications are. Current disciplinary records, prior arrests, GED/ rehab/ Vocational participation will be taken into accout, but you can be sure that IDOC will err on the side of caution when it comes to who they release. If you are a 1st time non violent, non class X offender without any tickets, you are going to get it. After that, it becomes a little more gray.. Hears to hoping lots of people get it and go home.
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« Reply #5 on: June 25, 2012, 06:51:12 PM »

Thank you fromcolorado ... you are correct as to who will earn this new sentence credit, we are going to have to wait for IDOC qualifications. 

Those serving 100% & 85% sentences, will not be eligible for this new credit, just as they were not before,with MGT/SMGT.
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« Reply #6 on: June 25, 2012, 07:37:57 PM »

I am not sure this comment goes here - if ot sorry.  Just got a call from my husband who is at statesville farm and he said posted on a office window that they are going to have new release dates in 10-14 days.  I am not sure if that is just for people at farm or what.  What I like is that it is  writing.  Hope they get this going.




Note from Admin:  There is no official word that anyone is getting out in the next 10-14 days, so at this time, this is just a rumor!

The IDOC has to give a 14 day notice before releasing anyone receiving early release to the States Attorney, this is a law that passed after the original MGT/SMGT was cancelled. Also, anyone receiving any kind of early release credit, their name goes on the Offender Early Release list on IDOC website: 

http://www2.illinois.gov/idoc/Offender/Pages/CommunityNotificationofInmateEarlyRelease.aspx 

where all their information will be until they are off parole .. something else that started AFTER the original MGT/SMGT was cancelled.

As stated before, this is going to take time.
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« Reply #7 on: June 25, 2012, 10:25:24 PM »

What I got from readin about the Agg DUI, it is 4.5 for every month of the sentence. Unless it was a DUI where someone was harmed then that is day for day, I believe.
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« Reply #8 on: June 26, 2012, 05:31:48 AM »

This topic is not for posting rumors we are hearing on the inside.  Please see above post for more information.

Thank you for your cooperation in this.
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« Reply #9 on: June 26, 2012, 08:27:23 AM »

I am not sure this comment goes here - if ot sorry.  Just got a call from my husband who is at statesville farm and he said posted on a office window that they are going to have new release dates in 10-14 days.  I am not sure if that is just for people at farm or what.  What I like is that it is  writing.  Hope they get this going.




Note from Admin:  There is no official word that anyone is getting out in the next 10-14 days, so at this time, this is just a rumor!

The IDOC has to give a 14 day notice before releasing anyone receiving early release to the States Attorney, this is a law that passed after the original MGT/SMGT was cancelled. Also, anyone receiving any kind of early release credit, their name goes on the Offender Early Release list on IDOC website: 

http://www2.illinois.gov/idoc/Offender/Pages/CommunityNotificationofInmateEarlyRelease.aspx 

where all their information will be until they are off parole .. something else that started AFTER the original MGT/SMGT was cancelled.

As stated before, this is going to take time.


I went to this website, is this not updated with the new releases since goodtime has been back?
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« Reply #10 on: June 26, 2012, 08:36:31 AM »

brighteyes91, the new GT has not been started yet, no one has been released under the new program .. once they start to release people with the new program, if they receive GT, then their information will be posted.
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« Reply #11 on: June 26, 2012, 11:51:07 AM »

Date           Chamber   Action

  6/22/2012    Senate     Governor Approved
  6/22/2012    Senate     Effective Date June 22, 2012
  6/22/2012    Senate     Public Act . . . . . . . . . 97-0697


What is this? I went to the website and I guess I don't understand...?
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« Reply #12 on: June 26, 2012, 11:56:28 AM »

It means it is now the law. We must all be patient while IDOC writes rules. How they will interpret it, who is eligible and how they will implement it.
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« Reply #13 on: June 26, 2012, 10:46:11 PM »

is this just a one time thing or will it be used forever???
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« Reply #14 on: June 27, 2012, 06:25:07 AM »

is this just a one time thing or will it be used forever???

I am sorry, I am not understanding what you are asking, could you please explain further .... TY
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« Reply #15 on: June 27, 2012, 07:48:27 AM »

this is just my opinion, but the State of Illinois is still operating in the Fiscal year that began July 1, 2011 to June 30, 2012 and any remark made by any agency has to conform to the laws operational in that fiscal year.  Starting on Sunday, the new Fiscal year begins and the new laws are then operational unless they have a specific start date such as January 1, 2013 as some rules apply. 

IDOC will not make any official statements until next week.

I pray for all men and women housed in Illinois prisons during this period of overcrowding.  The heat and dry conditions though out the State of Illinois is worse for them as they have no choice to move to a cooler area.  Anxiety over what and when things will start to move, too many people in an enclosed hot area, testy guards who are stressed and hot also, will only add to the discomfort.  I know my sons used wet towels on their faces, wrists, and back of the neck to help the fans provide some relief.

It means it is now the law. We must all be patient while IDOC writes rules. How they will interpret it, who is eligible and how they will implement it.
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« Reply #16 on: June 27, 2012, 09:42:45 AM »

Sorry, but I'm just making sure I understand this right. SB2621 is law now, but has not gone into effect? I mean obv not, because no one knows still when they're getting out. But I mean, have they said yet when it will go into effect? Everything that has passed was not supposed to go into effect until July 1, but like cigg taxes, went up Sunday...
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« Reply #17 on: June 27, 2012, 09:54:47 AM »

Sorry, but I'm just making sure I understand this right. SB2621 is law now, but has not gone into effect? I mean obv not, because no one knows still when they're getting out. But I mean, have they said yet when it will go into effect? Everything that has passed was not supposed to go into effect until July 1, but like cigg taxes, went up Sunday...

 If you have been reading this board and the other SB2621 topic you would have gotten your answer 10 x s over.     I don't know why you don't understand what has been told everyone more than once.

The IDOC has to implement rules and regulations before any inmates can be released.  They can't just open the flood gates and start letting them out.  Procedures have to be followed..  Once the IDOC has set up rules on who, when and where they can be released, which could take weeks/months yet, the guys who are eligible to be released will be.


I said this in my very first post in this topic:

Once SB 2621 is signed into law, DOC will have to create and promulgate new administrative rules that will govern its application. This has to be done BEFORE any inmates are released.    
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« Reply #18 on: June 27, 2012, 10:06:00 AM »

Just an FYI...I did call down to Springfield (as i was curious) and the transfer coordinator said she had started getting the calls yesterday and that they still have not received anything to get started. She also said that they are looking at a enormous amount of paperwork ahead of them and that no one should expect this to happen overnight. She said the process will still be the same, they have to be approved with their parent facility, then it goes to Springfield for an approval there and then back to the facility to set them up. LONG process ahead. But as of yet they have NOT recieved anything in Springfield.
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« Reply #19 on: June 27, 2012, 11:05:44 AM »

Just an FYI...I did call down to Springfield (as i was curious) and the transfer coordinator said she had started getting the calls yesterday and that they still have not received anything to get started. She also said that they are looking at a enormous amount of paperwork ahead of them and that no one should expect this to happen overnight. She said the process will still be the same, they have to be approved with their parent facility, then it goes to Springfield for an approval there and then back to the facility to set them up. LONG process ahead. But as of yet they have NOT recieved anything in Springfield.

Exactly what we have been trying to tell everyone for quite sometime, It's going to take time!  
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« Reply #20 on: June 27, 2012, 10:09:46 PM »

I just noticed that the paragraph in bold below was added to the IDOC FAQ page:

What is Good Time?

There are three types of good time, however not all inmates are eligible for each type.

Statutory Good Time refers to the percentage of time an inmate must spend incarcerated. Inmates serve 50%, 75%, 85%, or 100% of their sentence.  This is determined by statute and is based on the offense that was committed.  Inmates may lose some of that good time based on their behavior while in custody.

Meritorious Good Time (MGT) and Supplemental Meritorious Good Time (SMGT) refer to the discretionary time (up to 180 days) that the director may grant to an eligible inmate based on his or her behavior while incarcerated. Please note that the award of meritorious good time is not automatic; it is at the discretion of the director.  Inmates convicted of certain offenses are not eligible for this type of good time credit.

The MGT/SMGT program was suspended in December of 2009 and terminated in January of 2010.  The program is currently under review.

Earned Good Conduct Credit refers to time earned by an inmate for participation in education, drug treatment or Illinois Correctional Industries programs. Again, not all inmates are eligible; inmates convicted of violent and Class X crimes are not eligible. Inmates earn one-half day off their sentence for each day of participation in such programs if they successfully complete the programs (Example: if an eligible inmate completes a drug treatment program that is 30-days in duration, he may be awarded 15-days off his sentence).

Please note: in accordance with Public Act 97-0697 (effective 6/22/2012) the above types of credit have been amended along with other changes.  The Department has started examining and identifying policies and/or rules for revisions that may need to be promulgated through the Joint Committee on Administrative Rules.

http://www2.illinois.gov/idoc/aboutus/Pages/faq.aspx
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« Reply #21 on: June 28, 2012, 01:28:29 AM »

I just noticed that the paragraph in bold below was added to the IDOC FAQ page:

What is Good Time?

There are three types of good time, however not all inmates are eligible for each type.

Statutory Good Time refers to the percentage of time an inmate must spend incarcerated. Inmates serve 50%, 75%, 85%, or 100% of their sentence.  This is determined by statute and is based on the offense that was committed.  Inmates may lose some of that good time based on their behavior while in custody.

Meritorious Good Time (MGT) and Supplemental Meritorious Good Time (SMGT) refer to the discretionary time (up to 180 days) that the director may grant to an eligible inmate based on his or her behavior while incarcerated. Please note that the award of meritorious good time is not automatic; it is at the discretion of the director.  Inmates convicted of certain offenses are not eligible for this type of good time credit.

The MGT/SMGT program was suspended in December of 2009 and terminated in January of 2010.  The program is currently under review.

Earned Good Conduct Credit refers to time earned by an inmate for participation in education, drug treatment or Illinois Correctional Industries programs. Again, not all inmates are eligible; inmates convicted of violent and Class X crimes are not eligible. Inmates earn one-half day off their sentence for each day of participation in such programs if they successfully complete the programs (Example: if an eligible inmate completes a drug treatment program that is 30-days in duration, he may be awarded 15-days off his sentence).

Please note: in accordance with Public Act 97-0697 (effective 6/22/2012) the above types of credit have been amended along with other changes.  The Department has started examining and identifying policies and/or rules for revisions that may need to be promulgated through the Joint Committee on Administrative Rules.

http://www2.illinois.gov/idoc/aboutus/Pages/faq.aspx

Thanks for sharing this. It's good to know the ball is starting to roll....  Btw, who is this Joint Committee?
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« Reply #22 on: June 28, 2012, 06:43:48 AM »

Quote
Btw, who is this Joint Committee?



JOINT COMMITTEE ON ADMINISTRATIVE RULES - JCAR

The Joint Committee on Administrative Rules is a bipartisan legislative oversight committee created by the General Assembly in 1977.  Pursuant to the Illinois Administrative Procedure Act, the committee is authorized to conduct systematic reviews of administrative rules promulgated by state agencies.  The committee conducts several integrated review programs, including a review program for proposed, emergency and peremptory rulemaking, a review of new public acts and a complaint review program.

The committee is composed of 12 legislators who are appointed by the legislative leadership, and the membership is apportioned equally between the two houses and the two political parties.  Members serve two-year terms, and the committee is co-chaired by a member of each party and legislative house.  Support services for the committee are provided by 25 staff members.

Two purposes of the committee are to ensure that the Legislature is adequately informed of how laws are implemented through agency rulemaking and to facilitate public understanding of rules and regulations.  To that end, in addition to the review of new and existing rulemaking, the committee monitors legislation that affects rulemaking and conducts a public act review to alert agencies to the need for rulemaking.  The committee also publishes a weekly newsletter called The Flinn Report on this website to inform and educate Illinois citizens about current rulemaking activity and maintains the state's database for the Illinois Administrative Code and Illinois Register.
 



Here is the link to the Flinn Report:

http://www.ilga.gov/commission/jcar/flinn/flinn.asp
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« Reply #23 on: July 01, 2012, 09:01:52 AM »


Early release program may cause more inmates to take GED

2 hours ago  •  By Edith Brady-Lunny | eblunny@pantagraph.com


BLOOMINGTON — More McLean County Jail inmates may be interested in educational programs offered at the jail as a result of new legislation that restores a program for early release of Illinois inmates.

Gov. Pat Quinn has signed legislation to return good conduct credits of up to 180 days for nonviolent prisoners who serve at least 60 days in the Department of Corrections. The program, formerly known as Meritorious Good Time, was halted by the governor in 2009 after a controversy erupted over an adjustment to the program that gave some offenders 60 days credit when they entered prison.

A provision added to the overhauled legislation allows inmates to receive credit for programs they complete in the county jail before they are moved into the state prison system. In McLean County, that could translate to more defendants signing up for GED and life skills classes, said Sheriff Mike Emery.

“We expect to see a moderate increase in attendance among those being sentenced to prison,” said Emery.

Since January 2011, 27 jail inmates completed their high school equivalency certificates and another six are waiting for test results. Thirty-seven inmates have finished the eight-week life skills course that covers topics people in jail may have missed out on, such as basic computer skills, how to complete a job application, to prepare for an interview and how to balance a checkbook.

“If we can fill the classes with people who want to complete the GED program, it’s great. This new provision gives them an incentive to participate in educational programs,” said Emery.

The programs are open to all male and female inmates, including the majority who will be released without going to a state prison.  Funding for the GED instructors from Heartland Community College comes from the county’s general fund and inmate commissary money cover expenses for the life skills program taught by jail staff. 

Prison reform advocates are applauding the return of good conduct credits as a first step in addressing serious overcrowding issues that have steadily worsened since 2009.  A prison system designed to hold 34,000 prisoners has swollen to 48,000 since the end of MGT.

 “It’s not the silver bullet that solves the entire problem of overcrowding, but it’s really, really important,” said John Maki, director of the John Howard Association, a Chicago-based prison watchdog organization that has raised serious concerns about deplorable conditions in some state prisons .

As the prison population decreases, corrections staff may be able to turn its attention back to reform measures that Maki thinks were derailed with the pressure of dealing with 4,000 additional inmates.

“We’ve done this before. Illinois is able to find what’s safe, what will work and implement measures with accountability and transparency,” said Maki. Redeploy Illinois, a program to divert juvenile offenders from IDOC by providing services in their communities, is among those programs put in place three years ago.

How prison officials implement the new version of good conduct credit is important, noted Malcolm Young, director of the Program for Prison Reentry Strategies at the Northwestern School of Law’s Bluhm Legal Clinic.

“To have gotten past this log jam is a good thing. There’s hope for some relief to overcrowding. What happens next though, is important: revisiting sentencing policies; implementing Redeploy Illinois and other initiatives to sensibly punish law breakers; and for longer term and more serious prisoners, an array of programs and services that do make a difference,” said Young.

http://www.pantagraph.com/news/local/crime-and-courts/early-release-program-may-cause-more-inmates-to-take-ged/article_161c3f86-c311-11e1-b6a3-001a4bcf887a.html
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« Reply #24 on: July 01, 2012, 09:43:06 AM »

re. GED -  this is something I don't get.  I have a hundred questions!
From what I understand, anyone can go to a community college and enroll in GED classes free of charge. (I know that's the case locally, and I looked up a few other Illinois community colleges on the web and found that was also the case at all I looked up.)  So, there must be federal funding for it there, right?  I guess there must be some law or rule that says people in prison don't qualify for that free service? Or, does the community college just provide that service at their expense, which I kind of doubt? 
(I think people do have to pay a fee for the actual test, but I believe that there could be ways to pay for that, too - even if it is seeking donations from churches and or civic organizations.)

What other group of people could possibly benefit more from getting a GED more than those in prison?  It's not the answer to all their problems, but I believe it can be a life changer in more than one way.

Does anyone out there in IPT land know anything about the funding rules/laws?  Why they can't access the free clsses at community colleges?  Why does the funding for GED teachers have to come out of the DOC budget?  There are so many people on waiting lists for GED classes. 

AND - why can't they access more federal funds for Special Ed?  If people had an IEP, aren't they supposed to be able to get services until they reach an older age - 19? 21?  There are lots of guys in prison in that age range who probably qualify!

So many questions!  These are just a few. . .
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« Reply #25 on: July 01, 2012, 09:47:10 AM »

Jaf, don't know if you have ever checked out Title 20,  SUBCHAPTER d: PROGRAMS AND SERVICES
PART 405 SCHOOL DISTRICT #428, but you might want to, you might get some answers to your questions  there:



http://www.ilga.gov/commission/jcar/admincode/020/02000405sections.html
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« Reply #26 on: July 01, 2012, 11:18:51 AM »

Jaf, don't know if you have ever checked out Title 20,  SUBCHAPTER d: PROGRAMS AND SERVICES
PART 405 SCHOOL DISTRICT #428, but you might want to, you might get some answers to your questions  there:



http://www.ilga.gov/commission/jcar/admincode/020/02000405sections.html

I'll get into that later - I've glanced at the whole thing, but not concentrated on that section, don't remember anything helpful there, (it'll probably just give me more questions!) . . . thanks for the reminder.
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« Reply #27 on: July 02, 2012, 11:19:38 AM »

I reread it.  It just basically says the DOC has to provide some education to some people, then it says they don't HAVE TO in many cases, for many reasons. 
It doesn't talk about how it's funded.  The only funding issue noted is where offenders have to reimburse the DOC for the cost of some college classes.
Any other suggestions? 
I've asked representatives from a couple of disability agencies, but think I need to go higher.  I spoke with people at Equip for Equality, and the West Central Illinois Center for Independent Living.  Maybe I just need to ask my state Senator to help me get answers. Or maybe talk to the national GED organization? 
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« Reply #28 on: July 02, 2012, 12:19:32 PM »

I used to work at a college department that provided GED testing to prisons, so I can help answer some of your questions. Yes, many organizations provide free GED tutoring and testing. The tests and scoring, however, are not, and those organizations must absorb the costs. Additional costs come from being certified as a test administrator/proctor. Anyone can volunteer their time to tutor someone, but you have to be a certified GED Protcor to actually give the test. Those people do that for a living, so you have to add on their fees.

That's just for a random person on the outside. Now, you have to transition that to prisons. For security reasons, they are very selective about who they through the gates. Hence why they have actual teachers rather then volunteers. The department I worked for had to have its proctors specially evaluated and approved by DOC before they could come in, and they were often paid extra for going into a prison versus a local high school or community center.  So, the IDOC is paying a teacher to educate participants, then they are paying a special person to come give the test (with what could be called hazard pay), and then they are paying for the tests and scoring. That starts to add up really fast, considering the amount of tests being given.
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« Reply #29 on: July 02, 2012, 01:40:59 PM »

Someone asked me in a PM if the IDOC has a time limit to implement a new program, I am answering them here so everyone can see (I don't answer PM's about goodtime) ....   the answer is NO, as long as it takes them, there is no time limit.

There is a lot to be done as mentioned previously in this topic!
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« Reply #30 on: July 02, 2012, 01:55:44 PM »

Thanks Marksguy,  it does help explain the extra costs of providing it in prisons.
 
But are you saying that the community colleges are absorbing all the costs or just the testing costs? 

Is there state or federal funding for any part of it? 

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« Reply #31 on: July 02, 2012, 03:41:06 PM »

Let me see if I can break this down. Basically, the GED classes and GED tests are two entirely different things. Anyone with the time, space, and knowledge can give free GED classes. They are, at the simplest level, tutoring sessions, like many schools offer to their students.

The test and the scoring are where the money comes in. There are some organizations that will absorb the cost of the test, but most charge a fee. Since I only gave the tests, I don't know what we charged for going into a prison to administer it, but we did get a quarterly check from the DOC.

I guess a good example of the difference would be the ACT/SAT tests for high schools kids. A child can get a free copy of a sample test or attend free study sessions at school, but you have to pay the money for the test itself.

But I'm willing to bet that the organizations that are absorbing the test costs are doing so either because it is built into their operating budget or have obtained donor/grant funding.
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« Reply #32 on: July 02, 2012, 04:24:40 PM »

I understood that the two were separate, that's why I asked if the funding sources were different.   
I appreciate your responses.
I'm just trying to figure out if federal funds are available to provide GED classes, but they're withheld from people in prison.  If they are, it might be something to fight for.  I realize that prisoners lose rights, but this just doesn't seem like one they shoud lose.
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« Reply #33 on: July 02, 2012, 04:58:23 PM »

It's not a case of funds being purposely withheld. Community organizations (churches, centers, colleges, etc.) who absorb the costs of the test get that funding from somewhere, be it donations, operational budgets, or grants. I'm sure the IDOC could apply for grant money to help defer the costs of providing the GED (teachers, proctors, and the test itself).
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« Reply #34 on: July 10, 2012, 09:12:16 AM »

I sure hope they define who is eligable soon, hoping my son can benefit from this new program, hes been behaving and we are both praying he qualifies for something to get out a bit early hope these committes or whoever is working on this moves fast.
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« Reply #35 on: July 10, 2012, 09:17:16 AM »

We all are hoping and praying for the same thing for our LOs nicemom but we just have to sit tight and be patient and wait.  I know it's frustrating but there's nothing else we can do at this point.  Hang in there.

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« Reply #36 on: July 10, 2012, 09:49:01 AM »

My son is at East Moline and scheduled to get out August 25, 2012 so really August 24 th this year.They dont release on weekends and dont want to pay him to stay there LOL.But I called East Moline and asked how will this work and will I just all of a sudden get a call to come and get him no notice.They said they have nothing yet and that she knew it requires 2 weeks notice to the state before they release and that they will have to train first before they start releasing inmates.Most likely my son would be out before it all went into effect but I would have at least 2 weeks to know.I hope and pray this helps allot of people here and their loved ones will come home sooner. But Im still excited that my son will be home real soon anyways and he can start his life over and build from there.
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« Reply #37 on: July 10, 2012, 10:17:32 AM »

My son is at East Moline and scheduled to get out August 25, 2012 so really August 24 th this year.They dont release on weekends and dont want to pay him to stay there LOL.But I called East Moline and asked how will this work and will I just all of a sudden get a call to come and get him no notice.They said they have nothing yet and that she knew it requires 2 weeks notice to the state before they release and that they will have to train first before they start releasing inmates.Most likely my son would be out before it all went into effect but I would have at least 2 weeks to know.I hope and pray this helps allot of people here and their loved ones will come home sooner. But Im still excited that my son will be home real soon anyways and he can start his life over and build from there.

Be sure you are signed up for VINE so that you get your notice two weeks before he is going to be released. 

The two week notice is to the state for any inmate that is being released EARLY under a new program, which has not started yet.  Their names and ID #'s also go on the list for Early Release posted on the IDOC website.  This list was started after the original MGT program was stopped. 

Glad to hear your son will be out soon!  The best to him and you.
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« Reply #38 on: July 10, 2012, 11:04:44 AM »

When my sons were to be released on a weekend, they were always released on the Friday prior to the week end day because they can not by law keep them past their release date, (but there may be extenuating circumstances of which i am not aware).  The guys would call to let me know and make sure I was there at 8 on the dot or 7 or whatever time they were given by the facilities and to make sure I brought clothes so they could change at the first gas station we came across.
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« Reply #39 on: July 10, 2012, 12:34:40 PM »

I am on the vine notification will that give the two week notice to? I am going to pick him up but I do work and I work allot sometimes 16 hour days so I would like the notice so I can plan my schedule. And one more thing I was told they do not release on weekends but if the release date falls on a saturday they would pay them $100 per day past that? The counseler said thats why he will be released on friday. wc38
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« Reply #40 on: July 10, 2012, 12:53:22 PM »

Yes, VINE will give you a two week notice, so you will be able to adjust your schedule.

But the IDOC does NOT pay an inmate who goes past their out-date. The only reason an inmate is kept past that day is if they have no parole site and are violated at the door.
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« Reply #41 on: July 10, 2012, 02:28:52 PM »

 backtotopic    backtotopic

 From the Joint Committee in response to SB2621.    It says exactly what we have been saying here, IDOC has to implement the rules and regulationss before JCAR can review them.




Dear Ms.

DOC proposes implementation rules first, then JCAR reviews the rules before they are adopted. We don't review Public Acts but if an agency fails to implement a PA in a timely fashion (generally, within a year after a PA becomes law) we may remind them to do so. DOC does tend to be rather slow about adopting or updating rules for anything and I suspect this will be no exception.

 
PA 97-697 was effective June 22, 2012. However, many of its provisions appear to be contingent upon the Department of Corrections issuing rules to implement them, and we do not know when that will take place. This includes provisions regarding sentence credit (formerly "good conduct/early release" credit) for actions undertaken while an inmate is in custody at a county jail prior to trial or sentencing. You may wish to consult DOC for more information.

Thanks,
 

Joint Committee on Administrative rules
700 Stratton Bldg.
Springfield IL 62706
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« Reply #42 on: July 10, 2012, 03:21:49 PM »

Wow.  The Joint Committee is REALLY slamming DOC and in writing yet.  I'm surprised that they would do that in writing about a state facility but perhaps I shouldn't be. 
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« Reply #43 on: July 10, 2012, 03:26:26 PM »

Wow.  The Joint Committee is REALLY slamming DOC and in writing yet.  I'm surprised that they would do that in writing about a state facility but perhaps I shouldn't be. 

Not slamming them at all, just telling the truth, DOC does not move quickly, something we've known here for a very long time.
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« Reply #44 on: July 15, 2012, 09:20:28 AM »

Hi My Name is Krisey and i would just like to know if my husband will be able to get good time credits for his offence ATTEMPT ARMED ROBBERY/NO FIREARM his out date say 09/05/2014 and he has already been locked up for 14 months i would also like to know if he do get the good time how much more time will he have to do with 14 months in already anyone please feel free to answer thanks. wc13 wc13
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« Reply #45 on: July 15, 2012, 09:48:36 AM »

Welcome to IPT Krisey !  

You ask a very good question that many here on IPT are wondering too, who exactly is going to be eligible to receive the new *sentence credit* under the new bill, SB2621.  

Right now IDOC is implementing new rules and regulations to comply with this new bill and then it is passed on to the JCAR Committee to review those rules.  Once they have approved it, which we don't know how long all this will take, the new rules will be implemented and those inmates who are eligible will start to be released.

If your inmate does qualify, he could earn up to 6 months extra time taken off of his sentence, this of course is not guaranteed, if given it could be taken away, just like the GT was under the old program.  We just do not know right now, who is going to be eligible.

We will be posting the NEW information on all this as we know it, so the best thing you can do, is check these topics often to see if any new news has been posted on this issue.


You can also go back to the first post of this topic for more information:

http://www.illinoisprisontalk.org/index.php?topic=27455.msg215419#msg215419

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« Reply #46 on: July 15, 2012, 10:27:07 AM »

ok thanks and yeah will do ill be checking this website every 5 seconds if i have to lol lbvs!!!!



 wc38
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« Reply #47 on: July 19, 2012, 07:46:31 AM »

I was looking on IDOC under Advisory Board and noticed that they have a meeting on the new bill sb2621 on Monday July 23rd. Are these open board meetings? Thanks
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« Reply #48 on: July 19, 2012, 07:49:19 AM »

I was looking on IDOC under Advisory Board and noticed that they have a meeting on the new bill sb2621 on Monday July 23rd. Are these open board meetings? Thanks

The meetings are held at different prisons and I don't believe they are open to the public.   I believe the meeting on Monday is at Dwight or Lincoln Prison.  

It looks like they are going to talk about the new SB2621, but remember this, they don't write the new rules and regs:

The Board advises the Director concerning policy matters and programs of the Department with regard to the custody, care, study, discipline, training and treatment of persons in the State correctional institutions and for the care and supervision of persons released on parole.

This is the Agenda for that meeting:


Illinois Department of Corrections Advisory Board Meeting
Monday, July 23, 2012 10:00am
Lincoln Correctional Center

AGENDA

 Welcome, Introductions and Roll Call
Wm. Patrick Hartshorn, Chair, IDOC Advisory Board

 Action Item: Approval of Minutes from April 30, 2012 Meeting Wm. Patrick Hartshorn, Chair, IDOC Advisory Board
Handouts: Draft Minutes from April 30, 2012 Meeting;

 Senate Bill 2621 – MGT/SMGT- Joe Rose, Chief of Legal Services and Daryl Jones, Chief of Intergovernmental Relations

 Pending Closures-Jerry Buscher, Executive Chief to Director

 Old Business

Ethics Training

 Open Discussion/Wrap Up

 Tour of Lincoln Correctional Center

 Adjourn Meeting
Wm. Patrick Hartshorn, Chair, IDOC Advisory Board
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« Reply #49 on: July 19, 2012, 09:00:37 AM »

wow...its being brought up in a meeting. Guess thats at least some form of progress!! I was beginning to think they stuck it on the bottom of a "Stack" like the rest of the paperwork  wc1  I know we still have a long road to go.. And yes i know it doesn't have anything to do with the rules and regs part. Just nice to see that its being "brought up".  wc6
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« Reply #50 on: July 19, 2012, 09:13:59 AM »

Thanks for noticing that it was on the schedule mssinmyhubby.  I know it doesn't mean it is coming close to being implemented, but at least it is being brought up.  We have to appreciate the fact that at least it is being discussed.
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« Reply #51 on: July 19, 2012, 06:44:12 PM »

Finally a step...although it's small but a step just the same
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« Reply #52 on: July 19, 2012, 06:56:43 PM »

Can anyone tell me where you can find the advisory board information?

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« Reply #53 on: July 19, 2012, 06:58:18 PM »

Can anyone tell me where you can find the advisory board information?




It's on the IDOC website. Go to About Us on the main page and it'll be there....it's the last one on the drop down list.
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« Reply #54 on: December 17, 2012, 02:34:40 AM »

I hope my brother qualifies for this....he was charged with a non violent class x. He has done time in OHIO and INDIANA(both non class x, non violent), this is his first offense in Illinois.
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« Reply #55 on: January 07, 2013, 01:22:05 PM »

 My LO is in Dwight. The CO's are telling her that January 15th is the start of the 180 day good time.
She said people will start being released after January 15. I was told by her if you have 6 months or less you are going home. This may only be Dwight idk...
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« Reply #56 on: January 30, 2013, 05:44:53 PM »

I spoke with my L/O who is in Jacksonville (Greene County Work Camp) and he asked me to find out about Feb 4th. I know it could be another inside rumor but he mentioned that was the day they were going to start handing it out. Again, not sure what the truth to that is because when I looked, I found nothing supporting it. I've been researching this for days, and can't come up with anything.
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« Reply #57 on: January 30, 2013, 06:39:33 PM »

I spoke with my L/O who is in Jacksonville (Greene County Work Camp) and he asked me to find out about Feb 4th. I know it could be another inside rumor but he mentioned that was the day they were going to start handing it out. Again, not sure what the truth to that is because when I looked, I found nothing supporting it. I've been researching this for days, and can't come up with anything.

You can't come up with anything because there is nothing to come up with.  They have not even changed Title 20 Administrative Code with the new Rules and Regs yet, there are steps that have to be done before anyone will be awarded any SSC and until those things are done, nothing will happen.

I will tell you to tell your LO, to expect nothing but his out date on the IDOC website and he if he sticks by that, he won't be upset.

The dates like Feb 4 and every month on the 4th is exactly what has been going on for 3 years!  So many rumors have gone down and it's still going on.

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« Reply #58 on: February 20, 2013, 12:56:30 PM »

My LO was convicted of a class X for manufacturing and dealing, class X is basically the worst felony besides class M, but he is a nonviolent offender and tins is his Frost arrest. I tired to read the who was be included and who would e excluded but at one point it seems he would be included but in another part excluded can anyone help?
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« Reply #59 on: February 20, 2013, 01:04:19 PM »

My LO was convicted of a class X for manufacturing and dealing, class X is basically the worst felony besides class M, but he is a nonviolent offender and tins is his Frost arrest. I tired to read the who was be included and who would e excluded but at one point it seems he would be included but in another part excluded can anyone help?

Under the old program, not all Class X convictions were denied the full 180 days of Goodtime.  

Now they are calling it Good Conduct Credit/Supplemental Sentence Credit and it is at the discretion of the Warden of each prison to hand it out, per the new rules and regulations and they are looking at an inmates whole history, not only conviction.

Here are the rules for SSC and who can/cannot earn it:



(3) The rules and regulations shall also provide that
      
the Director may award up to 180 days additional sentence credit for good conduct in specific instances as the Director deems proper. The good conduct may include, but is not

limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State. However, the Director shall

 not award more than 90 days of sentence credit for good conduct to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under

the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, aggravated kidnapping, kidnapping, predatory criminal

sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with

 a child, indecent liberties with a child, child pornography, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a spouse,

 aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section

12-3.05, endangering the life or health of a child, or cruelty to a child. Notwithstanding the foregoing, sentence credit for good conduct shall not be awarded on a sentence of

imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or

subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) when the offense is committed on

 or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public

Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224), (ii) aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d)

 of Section 11-501 of the Illinois Vehicle Code, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective

date of Public Act 91-121), (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176), (v) offenses that may subject

 the offender to commitment under the Sexually Violent Persons Commitment Act, or (vi) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating

 compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed

 on or after January 1, 2011 (the effective date of Public Act 96-1230).
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« Reply #60 on: March 09, 2013, 06:48:55 PM »

My LO was also convicted of a Class X felony for manufacturing and distributing. I could be wrong but I after reading (and re-reading - over and over) these posts I still can't figure it out, so I guess we will just have to wait and see. I would be interested though to hear if anyone else does have a LO with a Class X that receives it.
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« Reply #61 on: March 12, 2013, 08:30:20 PM »

My LO has not heard anything from his counselor in regards to being granted good time his out date is October of this year! He was told by another inmate that if you have a DUI you wouldn't be considered for SSC, although I don't know anything about this matter I told him I would find out! Is this true??!!
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« Reply #62 on: March 31, 2013, 10:15:32 PM »

 wc13 I can't make heads or tails out of all the legal mumbo jumbo but I'd be interested in the answer to that question too (re: good time / DUI)
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« Reply #63 on: March 31, 2013, 10:36:22 PM »

One part says yes they will qualify for good time up to 4.5 days per month of sentence then another paragraph says no more than 90 days credit will be given:

     (2.6) The rules and regulations on sentence credit

       
shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
        (3) The rules and regulations shall also provide that
       
the Director may award up to 180 days additional sentence credit for good conduct in specific instances as the Director deems proper. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State. However, the Director shall not award more than 90 days of sentence credit for good conduct to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code
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« Reply #64 on: March 31, 2013, 10:42:56 PM »

After re-reading my previous post - I think I have a better understanding of the 2nd paragraph - the Prison officials can give ADDITIONAL  good time but not more than 90 days for an agg DUI - so my understanding is that yes our LO's can qualify for the 6 months good time and possibly another 90 days good time! Anyone out there that can confirm this interpretation would be greatly appreciated.
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« Reply #65 on: April 01, 2013, 12:05:01 AM »

After re-reading my previous post - I think I have a better understanding of the 2nd paragraph - the Prison officials can give ADDITIONAL  good time but not more than 90 days for an agg DUI - so my understanding is that yes our LO's can qualify for the 6 months good time and possibly another 90 days good time! Anyone out there that can confirm this interpretation would be greatly appreciated.

The first paragraph is referring to the Statutory Credit awarded to inmates. That is what we call the 50, 85, or 100% sentences. It is basically saying that an agg. DUI is an 85% sentence on or after 1/1/2011.

The second paragraph is saying how much Good Time an inmate with an agg. DUI can receive.
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« Reply #66 on: April 01, 2013, 07:16:18 AM »

After re-reading my previous post - I think I have a better understanding of the 2nd paragraph - the Prison officials can give ADDITIONAL  good time but not more than 90 days for an agg DUI - so my understanding is that yes our LO's can qualify for the 6 months good time and possibly another 90 days good time! Anyone out there that can confirm this interpretation would be greatly appreciated.

Please reread what I posted and then go to Section 11-501 of the Illinois Vehicle Code (you can do a google search for that)   and it will describe what DUI's would be considered to receive the new SSC.  SSC - the new good time for behavior which is not guaranteed is ONLY 180 days and in some cases only 90 days and others none.


The Director may award up to 180 days additional sentence credit for good conduct in specific instances as the Director deems proper. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State. However, the Director shall not award more than 90 days of sentence credit for good conduct to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code
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« Reply #67 on: April 04, 2013, 07:39:22 AM »

Forevermah - my LO was ordered to do 50% of his time on his AGG/DUI driving while revoked - so do i understand this to say he doesn't qualify for 6 months good time but could get 90 days good time max? Appreciate your patience - I know this is a hot topic right now and your an angel for trying to help us all understand this rule and what it all means.
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« Reply #68 on: April 04, 2013, 08:36:48 AM »

Forevermah - my LO was ordered to do 50% of his time on his AGG/DUI driving while revoked - so do i understand this to say he doesn't qualify for 6 months good time but could get 90 days good time max? Appreciate your patience - I know this is a hot topic right now and your an angel for trying to help us all understand this rule and what it all means.

I don't think the fact that he is on DUI disqualifies him, it all depends on the circumstances of the DUI.  An AGG charge usually means someone is hurt, but in the case of some DUI's, mutiple offenses leads to the AGG charge even if no one was hurt/harmed and in the case of your LO driving on a revoked after multiple offenses? probably got him his charge.

If you go to the Illinois Vehicle Code and look up what they are saying in that code "in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code".  If this pertains to your LO, then no, I don't think he would be eligigle for the new SSC.  

SECTION:  d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

  PARAGRAPH      (1) Every person convicted of committing a violation

SUB PARAGRAPH
   (F) the person, in committing a violation of

        section (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;




Now, with all this being said, there are other factors when IDOC awards this new SSC and there is no one here, that can tell anyone if their LO will or will not get it, unless their conviction dictates it by the new legislation/Vehicle Code.

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« Reply #69 on: April 04, 2013, 10:18:29 PM »

No there was no accident, noone was hurt. It was because it was the 2nd one and the driving while revoked. I guess we'll just have to wait and see..... thanks for pointing me in the right direction. I just can't wait to put this whole thing behind us.
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« Reply #70 on: April 26, 2013, 01:19:04 PM »

Can inmates get drug program good time and 180 day goodtime?
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« Reply #71 on: April 26, 2013, 01:49:26 PM »

Can inmates get drug program good time and 180 day goodtime?

Yes, two different kinds of Sentence Credit.  180 days is Supplemental, the other is Program Sentence Credit.
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« Reply #72 on: April 27, 2013, 01:51:29 PM »

Thanks. Does anyone know if they started issuing it at Sheridan?
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« Reply #73 on: April 27, 2013, 02:46:02 PM »

Thanks. Does anyone know if they started issuing it at Sheridan?

Yes, I've seen some from Sheridan on the list.
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« Reply #74 on: April 28, 2013, 06:49:15 PM »

How do u know what facility they are getting out of?
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« Reply #75 on: April 28, 2013, 07:42:54 PM »

When you look up the inmate on the IDOC website under Community Notification of Early Release the facility that they were released from is listed under "Parent Institution" at the top right underneath their picture.
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« Reply #76 on: April 28, 2013, 07:44:19 PM »

How do u know what facility they are getting out of?

If you go to the Early Release list for SSC on IDOC website, you can check and see where some are being released:

https://www2.illinois.gov/idoc/Offender/Pages/CommunityNotificationofInmateEarlyRelease.aspx
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« Reply #77 on: April 29, 2013, 07:37:22 AM »

thank u...so u have to look up each one individually, it doesnt tell u on the list.  The list is only the ones that have been released already not who are getting it so far. Think i understand it now...lol
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GoodGirl
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« Reply #78 on: April 30, 2013, 04:30:48 PM »

If I understand things correctly, my L/O can only get 90 (max) good time, because he is a class X (murder in 1995). 

Can he also get an additional 60 days for completing his GED, which he did back in 2003?

I've been trying to read all the fine print in the Public Act in regards to conviction dates (one saying prior to 1998, he may be eligible), but it's kinda giving me a headache.
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Forevermah
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« Reply #79 on: May 01, 2013, 07:43:19 AM »

If I understand things correctly, my L/O can only get 90 (max) good time, because he is a class X (murder in 1995). 

Can he also get an additional 60 days for completing his GED, which he did back in 2003?

I've been trying to read all the fine print in the Public Act in regards to conviction dates (one saying prior to 1998, he may be eligible), but it's kinda giving me a headache.


If he got his GED in 2003 and was eligible for the time, that should have been credited long ago.
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Do not value the "things" you have in your life - value "who" you have in your life....



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« Reply #80 on: May 01, 2013, 04:57:24 PM »

Thanks!
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mikenlisa
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« Reply #81 on: May 11, 2013, 09:06:08 AM »

This might not be the right board for me to post this so sorry in advance.  But, is anyone else really frustrated with this whole good time thing. Seems to me they are just letting out a handful at a time and most only have short amounts of time left.  Plus, they make rules and guidelines to follow and then I am seeing that a lot of guys that have been released either are repeat offenders and/or have Class X felonies.  What is the point in them making these rules to not follow them?  Seems like an awful lot of time was spent on making them to not follow them.  Just a vent, but really getting frustrated!!!
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anishav
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« Reply #82 on: May 13, 2013, 10:13:41 PM »

How often do they update the early release list for inmates that are eligible.
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fairveiw0919
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« Reply #83 on: May 14, 2013, 01:05:39 AM »

I thought before when I read this it said parole violator s are notable to recieve this...am I missing it now?
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Forevermah
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« Reply #84 on: May 14, 2013, 06:32:36 AM »

I thought before when I read this it said parole violator s are notable to recieve this...am I missing it now?

You are not missing anything, parole violators are not eligible to receive SSC.  We have posted this many times here on IPT:






d)         No offender shall be eligible to receive supplemental sentence credit if he or she:

 

1)         Is serving a sentence for an offense excluded pursuant to Section

3-6-3(a)(3) of the UCOC;

 

2)         Has been found guilty of a 100-level disciplinary offense under 20 Ill. Adm. Code 504;

 

3)         Has been found guilty of, or has a pending charge resulting from, a criminal offense committed during his or her current term of incarceration;

 

4)         Has been returned to the Department for a violation of his or her parole or mandatory supervised release; or


 

5)         Has been returned to a facility from an impact incarceration program for voluntary termination or termination for disciplinary reasons.

 

e)         No offender whose court sentencing order recommends substance abuse treatment for offenses committed on or after September 1, 2003 shall be awarded supplemental sentence credit unless:
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Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”
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