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Author Topic: Good Time Schedules and Sentence Credit Applicable to Felony Sentences Title 20  (Read 27136 times)

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Offline washwin5

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 :wc38:

Offline onetruelovemike

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Ok can someone please help me understand the SSC ??? My LO was charged with Robbery and Kidnapping with Intent.. Both Class 2..With theses charges will he get any SSC time??. He has about 10 days until the 61 Wonder Days as they call it.. He has a medical issue that is going to cost the state a ton of $$ if they keep my LO in there. He was sentenced to 1 year which means out March 2016.  I just want to know if there is someone I can ask or if my LO can ask. LO has asked but none will say anything?? Who can I talk to ?? Please help me understand.. So confussed... Thank you

Offline tkesde1

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There are so many things in play here, is it one charge or two? The way I was reading it was that it was two charges.

Was he sentenced to one year or was he sentenced to two years and it is a 50%? 

This is from IDOC's website:

Statutory Sentence Credit refers to the percentage of time a determinate-sentenced offender must spend incarcerated. Offenders serve 50%, 75%, 85%, or 100% of their sentence, determined by statute, and based on the offense that was committed. For example, an offender who received a 4 year sentence for burglary would serve 50% of his sentence by statute, or 2 years. Offenders may lose statutory sentence credit based on negative behavior while in custody.

If there are two charges that he is in for, are they set to run consecutively or concurrently?

That will be on his Mittimus documents as well as should show on his IDOC page.

That is the Statuatory Sentence Credit - above.

Below is for Supplemental Sentence Credit. You can't count on Supplemental Sentence Credit, that is at the discretion of

Supplemental Sentence Credit ("SSC") refers to credit of up to 180 days on an offender's incarceration that can be issued as a result of an offender's good conduct. This credit is at the sole discretion of the Director of the Department of Corrections or his designee. Similar to Statutory Sentence Credit and Program Sentence Credit, offenders may lose SSC based on their behavior while in custody.

In response to changes in the law regarding awards of sentence credit, revised administrative rules have been finalized and appear in the Illinois Register. Under the revised rules, review of offenders for an award of SSC is pursuant to 20 Ill. Adm. Code 107.210, "Awarding of Supplemental Sentence Credit."

For an offender to be eligible for an award of SSC, first and foremost, he or she must have served more than 60 days in IDOC custody and be serving a sentence for offenses that are not excluded from an award pursuant to Section 3-6-3(a)(3) of the Code of Corrections (730 ILCS 5/3-6-3(a)(3)). Additionally, some offenders, by the nature of their current commitment offenses, will only be eligible for up to 90 days of SSC pursuant to Section 3-6-3(a)(3) of the Code of Corrections.

There are additional administrative rule requirements that must be met in order for an offender to be eligible for an award of SSC. The offender:
•must not be subject to review under the Sexually Violent Person's Act,
•must not have been found guilty of a 100 level disciplinary offense (violated while in custody) under 20 Ill. Adm. Code 504,
•must not have any pending criminal charges committed during the current incarceration,
•must not have been returned to the Department for a violation of his or her parole or mandatory supervised release during their current incarceration,
•must not have voluntarily quit or have been terminated for disciplinary reasons from a boot camp program,
•if recommended by a court, must have completed substance abuse treatment or been waived from the requirement by the Department, and
•must have completed mandatory sex offender treatment (if necessary) or been waived of the requirement by the Department (if applicable).

I hope that some of this might have somehow helped.

He's home!

Offline Forevermah

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Ok can someone please help me understand the SSC ??? My LO was charged with Robbery and Kidnapping with Intent.. Both Class 2..With theses charges will he get any SSC time??. He has about 10 days until the 61 Wonder Days as they call it.. He has a medical issue that is going to cost the state a ton of $$ if they keep my LO in there. He was sentenced to 1 year which means out March 2016.  I just want to know if there is someone I can ask or if my LO can ask. LO has asked but none will say anything?? Who can I talk to ?? Please help me understand.. So confussed... Thank you

I answered your question in a couple other of your posts.  There is no one that will or can give you an answer if your LO is going to receive any SSC.

He has to be in prison for 60 days before theY will even look at his history/conviction and other things to see if he qualifies for 1-6 months.

They will contact him if he is eligible after that 60 day period.  If he isn't, he won't hear anything.

The new SSC is different than the old MGT.

If he was sentenced to one year at 50% he will be out in six months.

Please go to your profile and look under posts to see where this has all been answered before.
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Offline purple07

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I think it was the 2nd comment or so had a link to a list of who got the days.

It says page not found.

Does anyone havean updated link?

Offline Forevermah

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I think it was the 2nd comment or so had a link to a list of who got the days.

It says page not found.

Does anyone havean updated link?

Try this link and then click on Supplemental Sentence:

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


I changed the link in the other posts too, thank you, they changed it on the IDOC website under Inmate Search > Community Notification of Early Release
Do not value the "things" you have in your life - value "who" you have in your life....



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Offline sarah187

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Hey guys!

So just to clarify, IDOC will let my l/o know if he is eligible or will he have to apply for something on his end? He's been in since 2009 and was sentenced to 15 years at 85%, do you think even if he was eligible they wouldn't offer it until a little later on?

Many thanks in advanced for any clarification!

:)

Offline Forevermah

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Hey guys!

So just to clarify, IDOC will let my l/o know if he is eligible or will he have to apply for something on his end? He's been in since 2009 and was sentenced to 15 years at 85%, do you think even if he was eligible they wouldn't offer it until a little later on?

Many thanks in advanced for any clarification!

:)

85% convictions are not eligible for the six month SSC and they are not allowed to take any kind of classes/programs to earn extra credit, they have to serve their whole sentence.
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Offline sarah187

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Hmm are you sure? :( That's odd since he's been taking classes in there for years...Maybe they're allowed to participate in the programs and obtain the certificates but they don't get rewarded with good time for them.

Offline Gizgirl2

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Yes they are all allowed to take classes. They just don't earn any good time for them.

Offline Forevermah

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Hmm are you sure? :( That's odd since he's been taking classes in there for years...Maybe they're allowed to participate in the programs and obtain the certificates but they don't get rewarded with good time for them.

They can take classes/programs, but like I said they don't earn extra credit for them.
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Offline tkesde1

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Hmm are you sure? :( That's odd since he's been taking classes in there for years...Maybe they're allowed to participate in the programs and obtain the certificates but they don't get rewarded with good time for them.

You can check this link and see the people who have received the Supplemental Sentence Credit :  https://www.illinois.gov/idoc/Offender/Pages/CommunityNotificationofInmateEarlyRelease.aspx
Click on their IDOC number to see the charge that they were in for, from the date of their admission to the date of their parole release, you can easily tell if they are 50% sentences.

I used to check the link monthly, the past 2 years I was checking, during that time it was mainly theft, drugs or other similar charges that received the credit.
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Offline Forevermah

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Here is Title 20 Administrative Rules : Section 107.520  Eligibility for Program Sentence Credit

http://ilga.gov/commission/jcar/admincode/020/020001070F05200R.html
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Offline geminancer35

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I'm trying to get a full understanding here. My L/O was convicted of murder  in 1991 He was sentenced to 25 yrs at 50% is he elgible for SSC?

Offline Forevermah

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I'm trying to get a full understanding here. My L/O was convicted of murder  in 1991 He was sentenced to 25 yrs at 50% is he elgible for SSC?

No, but he may have already received some MGT before it was suspended, you'll have to ask him, if he didn't then he would not be eligible under the new SSC laws.

Usually charges of murder do not receive any SSC.

http://www.illinoisprisontalk.org/index.php?topic=29581.0


 Inmates who commit a level-100 offense while incarcerated DO NOT qualify for SSC.
You can find a list of 100-level offenses here:

http://www.illinoisprisontalk.org/index.php?topic=29325.0
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Offline geminancer35

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He has served his sentence for the murder and is currently serving a yr sentence for a weapons charge while incarcerated. Does that charge make him elgible?

Offline Forevermah

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He has served his sentence for the murder and is currently serving a yr sentence for a weapons charge while incarcerated. Does that charge make him elgible?

You might want to read through this post and I don't think he would be eligible for any goodtime:

http://www.illinoisprisontalk.org/index.php?topic=29325.msg226966#msg226966
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Offline geminancer35

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Mah when I clicked on the link it would not let me access the site. He has put in a request for restoration of good time and was granted 60days. And was told he can reapply for every 60 days so that is a start.

Offline Forevermah

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The 60 days he had reinstated, it was taken away when he got into trouble, was probably MGT-goodtime he got before the stopped MGT and started SSC.  MGT was much easier to get than SSC and then you need to look at what I posted below.


This is what that post said, note 104:



The 100 level and other levels have nothing to do with the class of crime that an inmate was convicted of.  The numbers refer to the infraction that are committed while the inmate is incarcerated and they are issued "tickets".  Not sure if I worded that very well either.....




Section 504.APPENDIX A   Offense Numbers and Definitions

 

100.     VIOLENT ASSAULT OF ANY PERSON

Causing a person or an object to come into contact with another person in a deadly manner or in a manner that results in or is likely to result in serious bodily injury.

101.     ARSON

Setting fire in any location whether public or private, including, but not limited to, any part of the facility, its grounds, or State vehicles.

102.     ASSAULTING ANY PERSON

Causing a person, substances, or an object to come into contact with another person in an offensive, provocative, or injurious manner or fighting with a weapon.

103.     BRIBERY & EXTORTION

Demanding or receiving anything of value in exchange for protection, to avoid bodily injury, or through duress or pressure.  Giving or receiving money or anything of value to violate State or federal law or to commit any act prohibited under this Part.

104.     DANGEROUS CONTRABAND

Possessing, manufacturing, introducing, selling, supplying to others, or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools which may be used to defeat security measures such as hacksaw blades, keys, and lock picks, any other dangerous or deadly weapon or substance of like character, or any object or instrument that is made to appear to be or could be used as a deadly or dangerous weapon or substance.

105.     DANGEROUS DISTURBANCES

Causing, directing, or participating in any action or group activity that may seriously disrupt activities or endanger the facility, persons, or property, including the taking or holding of hostages by force or threat of force and engaging in prohibited group activities such as work stoppages or hunger strikes.

106.     ESCAPE OR RUNAWAY

For escape of a felon or runaway of a juvenile delinquent, leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave, or authorized absence within 2 hours after the designated time.

107.     SEXUAL MISCONDUCT

Engaging in sexual intercourse, sexual conduct, or gesturing, fondling, or touching done to sexually arouse, intimidate, or harass either or both persons; or engaging in any of these activities with an animal.

108.     SEXUAL ASSAULT

Causing unwilling contact between the sex organ of one person and the sex organ, mouth, or anus of another person or any intrusion of any part of the body of one person or object into the sex organ or anus of another person by use of force or threat of force, including pressure, threats, or any other actions or communications by one or more persons to force another person to engage in a partial or complete sexual act.

109.     ELECTRONIC CONTRABAND

Possessing, selling, receiving, supplying to others, or using without authorization any electronic device, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, pagers, computers, and computer peripheral equipment.

110.     IMPEDING OR INTERFERING WITH AN INVESTIGATION

Obstructing, impeding, or refusing to provide information relevant to an investigation.

201.     CONCEALMENT OF IDENTITY

Wearing a disguise or a mask, impersonating another, or otherwise concealing one's identity.

202.     DAMAGE OR MISUSE OF PROPERTY

Destroying, damaging, removing, altering, tampering with, or otherwise misusing property belonging to the State, another person, or entity, including the obstruction of locks or security devices, destroying or tampering with bar codes or identification cards, or the use of another person's identification card.

203.     DRUGS AND DRUG PARAPHERNALIA

Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, controlled substance, or marijuana; or being under the influence of any of the above substances; or refusing to be tested for drug or alcohol use, including failure to provide a specimen within 2 hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment.  This offense includes medication misuse, for example, the possession or use of unauthorized amounts of prescribed medication, or selling or supplying prescribed medication to others.

204.     FORGERY

Forging, counterfeiting, or reproducing without authorization any document, article of identification, money, security, or official paper.

205.     SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY

Engaging, pressuring, or authorizing others to engage in security threat group or unauthorized organizational activities, meetings, or criminal acts; displaying, wearing, possessing, or using security threat group or unauthorized organizational insignia or materials; or giving security threat group or unauthorized organizational signs.  Unauthorized organizational activity shall include engaging in the above activities by or on behalf of an organization that has not been approved pursuant to 20 Ill. Adm. Code 445 or 450.

206.     INTIMIDATION OR THREATS

Expressing by words, actions, or other behavior an intent to injure any person or property that creates the reasonable belief that physical, monetary, or economic harm to that person or to another will result.

207.     POSSESSION OF MONEY

Possessing or causing to be brought into the facility any coin, currency, or other negotiable instrument without authorization or for residents of transition centers, failure to promptly submit all income to center staff, including wages, tips, gifts, or any check for social security, disability, veteran’s benefits, grants, scholarships, or loans.

208.     DANGEROUS COMMUNICATIONS

Engaging in verbal or written communication that is likely to encourage violence against persons or that is likely to disrupt or endanger the safety and security of the facility, including, but not limited to, escape plans and manufacture of weapons.

209.     DANGEROUS WRITTEN MATERIAL

Possessing or causing to be brought into the facility written material that presents a serious threat to the safety and security of persons or the facility, including, but not limited to, written material relating to methods of escape and the manufacture of weapons.

210.     IMPAIRMENT OF SURVEILLANCE

Using curtains, coverings, or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offender’s cell or room or which obstructs or otherwise impairs any viewing panel or surveillance equipment, both audio and visual, within the facility.

211.     POSSESSION OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION

Possessing or soliciting unauthorized personal information regarding another offender, releasee, employee, or former employee, including, but not limited to, personnel files, master files, medical or mental health records, photographs, social security numbers, home addresses, financial information, or telephone numbers except as authorized by a court order or as approved in writing by the Chief Administrative Officer.

212.     FRIVOLOUS LAWSUIT

A pleading, motion, or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.

213.     FAILURE TO REVEAL ASSETS

For adult offenders and juvenile offenders tried as adults, failing to fully cooperate in revealing financial assets on the form provided, including tangible and intangible property and real and personal property; providing false or inaccurate information regarding financial assets or dependants on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.

301.     FIGHTING

Fighting with another person in a manner that is not likely to cause serious bodily injury to one or the other and that does not involve the use of a weapon.

302.     GAMBLING

Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device.  This shall include participating in any lottery.

303.     GIVING FALSE INFORMATION TO AN EMPLOYEE

Lying or knowingly providing false information to an employee, either orally or in writing.

304.     INSOLENCE

Talking, touching, gesturing, or other behavior that harasses, annoys, or shows disrespect.

305.     THEFT

Taking property belonging to another person or entity or the facility without the owner's authorization.

306.     TRANSFER OF FUNDS

Causing money to be transferred from one trust fund to another or through an outside source to the account of another offender or entering into contracts or credit agreements without written approval from the Chief Administrative Officer.

307.     UNAUTHORIZED MOVEMENT

Being anywhere without authorization or being absent from where required to be or returning late or not traveling directly to or from any authorized destination without prior staff approval.

308.     CONTRABAND OR UNAUTHORIZED PROPERTY

Possessing, giving, loaning, receiving, or using property that an offender has no authorization to have or to receive and that was not issued to the individual through regular procedures, including the unauthorized possession of food or clothing or the possession of property in excess of that which is authorized by the facility; or property that has been altered from its original state.

309.     PETITIONS, POSTINGS, AND BUSINESS VENTURES

Writing, signing, or circulating a petition without authorization; unauthorized distributing or posting of any printed or written materials, including surveys; engaging in an unauthorized business venture; or representing oneself as a corporation or official of a corporation without authorization.

310.     ABUSE OF PRIVILEGES

Violating any rule regarding visits, mail, the library, yard, commissary, telephone, or recreational activities.  This includes corresponding or communicating with a victim, a victim's family member, or any other person after the offender has received notice that such person has informed the Department that he or she does not wish to receive correspondence from the offender.  However, if the conduct also constitutes a violation of federal or State law, a committed person may also be charged under #501.

311.     FAILURE TO SUBMIT TO MEDICAL OR FORENSIC TESTS

Willfully refusing to submit to, or cooperate with, testing, examinations, or the provision of samples required by court order, State law, or current standards of public health and safety, including the refusal to submit to annual tuberculosis screening and mandatory HIV or DNA testing.

402.     HEALTH, SMOKING, OR SAFETY VIOLATIONS

Smoking in an unauthorized area; tattooing or body piercing, including, but not limited to, piercing of the ear, nose, or lip; or disregarding basic hygiene of any person, cell, living or work area, or other place in the facility or its grounds.

403.     DISOBEYING A DIRECT ORDER

Willfully refusing or neglecting to comply with an order, including the refusal to participate in educational testing; to accept a work, educational, or housing assignment; or to perform a work assignment.

404.     VIOLATION OF RULES

Willfully disobeying any rule of the facility.  If the specific offense is stated elsewhere in this Part, a committed person may not be charged with this offense.  The rule violated must be specified in the disciplinary report.

405.     FAILURE TO REPORT

Failure to report for a work, educational, or program assignment or for transport.

406.     TRADING OR TRAFFICKING

Trading or trafficking with any person.

501.     VIOLATING STATE OR FEDERAL LAWS

Committing any act that would constitute a violation of State or federal law.  If the specific offense is stated elsewhere in this Part, an offender may not be charged with this offense except as otherwise provided in this Section.  The State or federal offense must be specified in the disciplinary report.

601.     AIDING AND ABETTING, ATTEMPT, SOLICITATION, OR CONSPIRACY

Aiding and abetting any person in the commission of any of these offenses; attempting to commit any of these offenses; making plans to commit any of these offenses; soliciting another to commit any of these offenses; or conspiring to commit any of these offenses shall be considered the same as the commission of the offense itself and shall carry the penalty prescribed for the underlying offense.

 

(Source:  Added at 27 Ill. Reg. 6214, effective May 01, 2003)

http://www.ilga.gov/commission/jcar/admincode/020/02000504ZZ9996AR.html
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