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Author Topic: House Bill 4123- Sentence Credit-TABLED  (Read 10690 times)

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Offline Gizgirl2

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House Bill 4123- Sentence Credit-TABLED
« on: March 06, 2015, 02:46:48 PM »
Bill Status of Hbefore123  99th General Assembly

Short Description:  CD CORR-SENTENCE CREDIT

House Sponsors
Rep. Elaine Nekritz

Last Action
Date   Chamber    Action
  2/27/2015   House   Referred to Rules Committee

Statutes Amended In Order of Appearance
   730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3
   730 ILCS 5/3-7-6

Amends the Unified Code of Corrections. Provides that a prisoner who is serving a term of imprisonment for first degree murder may receive sentence credit but must serve 75% of his or her sentence of imprisonment (currently, the person must serve the entire sentence imposed by the court). Increases from 4.5 days to 8.5 days the maximum number of days of sentence credit that a prisoner may receive for each month of his or her sentence of imprisonment for certain specified offenses. Eliminates from the maximum 7.5 days of sentence credit that a prisoner may receive for each month of his or her sentence of imprisonment 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 (those prisoners shall receive one day of sentence credit for each day of their sentence of imprisonment or recommitment). Eliminates provision that the failure of a committed person to fully cooperate in completing the asset disclosure form provided by the Department of Corrections shall be considered for purposes of a parole determination.


Actions
Date   Chamber    Action
  2/27/2015   House   Filed with the Clerk by Rep. Elaine Nekritz
  2/27/2015   House   First Reading
  2/27/2015   House   Referred to Rules Committee
  3/6/2015   House   Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Elaine Nekritz


http://ilga.gov/legislation/BillStatus.asp?DocNum=4123&GAID=13&DocTypeID=HB&LegId=90343&SessionID=88&GA=99

Offline trauma4us

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Re: House Bill 4123- Sentence Credit
« Reply #1 on: March 06, 2015, 04:24:57 PM »
Would be nice if they would include other Class X crimes to decrease from 85% to 75%.

Offline Forevermah

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Re: House Bill 4123- Sentence Credit
« Reply #2 on: March 06, 2015, 04:53:08 PM »
Would be nice if they would include other Class X crimes to decrease from 85% to 75%.

This bill isn't decreasing anything to 75%.. The Bill states they have to serve at last 75% of their sentence before they would be considered for any goodtime.  Most murder convictions are 100% .. sentence credit may allow them  an extra 6 months tops.
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Offline humbird37

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Re: House Bill 4123- Sentence Credit
« Reply #3 on: March 07, 2015, 09:40:54 AM »
trauma4us.....I too hope they do something about other class x felonies!
Yesterday he helped me, today he did the same!
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Offline Mrs. G

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Re: House Bill 4123- Sentence Credit
« Reply #4 on: March 08, 2015, 10:34:40 AM »
Would be nice if they would include other Class X crimes to decrease from 85% to 75%.

This bill isn't decreasing anything to 75%.. The Bill states they have to serve at last 75% of their sentence before they would be considered for any goodtime.  Most murder convictions are 100% .. sentence credit may allow them  an extra 6 months tops.
Forevermah ... When and/or how would we know if this bill is passed?





Offline Forevermah

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Re: House Bill 4123- Sentence Credit
« Reply #5 on: March 08, 2015, 10:50:43 AM »
Would be nice if they would include other Class X crimes to decrease from 85% to 75%.

This bill isn't decreasing anything to 75%.. The Bill states they have to serve at last 75% of their sentence before they would be considered for any goodtime.  Most murder convictions are 100% .. sentence credit may allow them  an extra 6 months tops.
Forevermah ... When and/or how would we know if this bill is passed?




Bookmark this link and follow it:

http://ilga.gov/legislation/BillStatus.asp?DocNum=4123&GAID=13&DocTypeID=HB&LegId=90343&SessionID=88&GA=99


If this does pass, we will know too and post something. 
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“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline Mrs. G

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Re: House Bill 4123- Sentence Credit
« Reply #6 on: March 08, 2015, 10:59:04 AM »
Ok Great thank you !!



Offline Forevermah

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #7 on: March 12, 2015, 09:58:59 AM »
This bill was tabled on the 3/10/2015, it may or may not come back for a vote, my guess is NOT.



Rep. Elaine Nekritz

Last Action
Date   Chamber    Action
  3/10/2015   House   Tabled

Statutes Amended In Order of Appearance
   730 ILCS 5/3-6-3   from Ch. 38, par. 1003-6-3
   730 ILCS 5/3-7-6   from Ch. 38, par. 1003-7-6


Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that a prisoner who is serving a term of imprisonment for first degree murder may receive sentence credit but must serve 75% of his or her sentence of imprisonment (currently, the person must serve the entire sentence imposed by the court). Increases from 4.5 days to 8.5 days the maximum number of days of sentence credit that a prisoner may receive for each month of his or her sentence of imprisonment for certain specified offenses. Eliminates from the maximum 7.5 days of sentence credit that a prisoner may receive for each month of his or her sentence of imprisonment 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 (those prisoners shall receive one day of sentence credit for each day of their sentence of imprisonment or recommitment). Eliminates provision that the failure of a committed person to fully cooperate in completing the asset disclosure form provided by the Department of Corrections shall be considered for purposes of a parole determination.

Actions
Date   Chamber    Action
  2/27/2015   House   Filed with the Clerk by Rep. Elaine Nekritz
  2/27/2015   House   First Reading
  2/27/2015   House   Referred to Rules Committee
  3/6/2015   House   Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Elaine Nekritz
  3/10/2015   House   Motion Prevailed
  3/10/2015   House   Tabled
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.”

Offline Marks_guy

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #8 on: March 13, 2015, 08:12:40 AM »
For those of you wondering what this means:

Rep. Elaine Nekritz filed this bill on 2/27/15. On 3/6/15, she asked the Rules Committee to "table" the bill, which means she asked them not to do anything with it. No further reviews or votes. A legislator will typically do this when they don't feel they have enough votes to get the bill passed.

Offline doublet

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #9 on: December 12, 2015, 09:17:16 PM »
Some incarcerated people are talking about this bill. I am not very familiar with what it would do. Is it just for murder criminals or other things too?

Offline Forevermah

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #10 on: December 13, 2015, 06:55:45 AM »
Some incarcerated people are talking about this bill. I am not very familiar with what it would do. Is it just for murder criminals or other things too?

This bill is dead, nothing more can come of it.
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.”

Offline tkesde1

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #11 on: December 13, 2015, 06:30:42 PM »
This is truly unfortunate that this bill is dead. More incentives are needed to give these inmates a reason to make the most of their incarceration to better themselves for the outside world & not break rules inside. Nothing worse than a person with nothing to lose.
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Offline doublet

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #12 on: December 13, 2015, 07:08:02 PM »
I thought the bill was tabled meaning not denied or put into effect. not dead?

Offline Gizgirl2

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #13 on: December 13, 2015, 07:14:37 PM »
Tabled is when they feel they do not have enough support or votes for the bill. It gets tabled and nothing more will happen with that bill.

Offline Forevermah

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #14 on: December 14, 2015, 07:01:13 AM »
I thought the bill was tabled meaning not denied or put into effect. not dead?

This particular bill is dead, someone may bring something like it up again in a new bill or parts of it, no one knows, but this one is done.
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Offline willied

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #15 on: July 15, 2016, 07:05:21 PM »
We need your help!  HB  4123 needs to “come off the table”.
The following 3 postings cover history to current.  The 1st inquires why the bill was tabled.  The 2nd, Rep. Nekritz’s response.  Finally a plea for her to reconsider.  Passage of HB  4123 is the way to provide sentencing relief to inmates, thus reducing IDOC costs.  And, it could be done in a reasonable time frame.  PLEASE contact Rep. Nekritz, your legislator, Gov Rauner – whomever could help to support this bill.  If we don’t help ourselves, who will?    willied 
 
Rep.  Elaine Nekritz                                         May 26, 2016
 
 
  The bill you sponsored would go a long way to accomplishing what responsible and knowledgeable people, including  Gov. Rauner, feel needs to be done - reduce Illinois seriously overcrowded prison system, saving considerable monies. I was disappointed to discover that less than a month after filing the bill, HB  4123, you then filed a motion to table it.  Unfortunately the motion prevailed.
 
I am curious as to why you took this action.  What will it take to bring HB  4123 back for discussion and ultimate passage?  With the budget impasse and IDOC having cancelled all vocational programs, the necessity has increased.
 
I researched The JHA web site and could not find any mention of HB  4123, but I see where they awarded you a distinction in 2014.
 
 
Respectfully
 
 
William O. Deere      willied
 
 
May 26, 2016
 
 
 Mr. Deere,
 
HB  4123 was drafted to provide guidance for analysis to the Sentencing Policy Advisory Council, a state agency that examines the impact and efficacy of sentencing policies and practices in Illinois.
 
The governor's administration is continuing to evaluate major criminal justice under the auspices of the Illinois State Commission on Criminal Justice and Sentencing Reform, which is continuing to meet and take testimony. You can learn more about their operations here: http://www.icjia.org/cjreform2015/index.html
 
I don't have plans to reintroduce the bill at this time but I continue to support and advance criminal justice reforms in the General Assembly. Thank you for taking the time to reach out.
 
Best,

Elaine Nekritz      willied
 
 
Rep.  Elaine Nekritz
 
Many of us were disappointed by your email of May 26, 2016.  Your HB  4123 offered prompt sentence reform, with the potential to return inmates serving unnecessarily long terms to their families/loved ones.  By doing so it would save IL. Taxpayers CONSIDERABLE much needed money.
You mentioned HB  4123, ”was drafted to provide guidance analysis to the Sentencing Policy Advisory Council (SPAC)”.  That council released their detailed report in April of 2015.
House Bill 4123 (HB  4123) amends the Unified Code of Corrections to reduce truth-insentencing (TIS) restrictions as follows: (1) those convicted of first degree murder could earn sentence credits but would be required to serve 75%, rather than 100%, of their sentence, (2) removes the current restriction of 7.5 days per month for all Class X drug manufacture and delivery offenses, and (3) increases the number of allowed credits for several other offenses from 4.5 days per month to 8.5 days per month.1 Marginal Cost Per Capita Cost Bed-Years Saved 13,229 Dollars Saved (Bed-Years x Current Cost) $ 77,176,839        $ 293,692,663 Total Victimization Costs $ 37,687,117 Net Benefits (Benefits minus Costs) $ 39,489,721    $ 256,005,545
 
The NET BENEFIT for these three years analyzed (2011-2013) was $39,489,721 to $256,005,545!  Even if the savings only hit the mid-point, approx., $147,747,000 would be saved.  In view of IL’s current financial condition, that’s a lot of $.  If you had pushed the bill to passage, we would be saving now.
You also seem to defer to Gov. Rauner’s IL State Commission on Criminal Justice and Sentencing Reform (CISR).  This commission released Part I of its report in Dec of 2015.  Unfortunately, the report is fraught with grandiose plans and recommendations that border on unrealistic in any reasonable time frame.  They recommend establishing yet another council. And often use such ambiguous phrases as “expedite the use”, “promote and expedite”, “support and expand”, “provide incentives”, “require all state agencies”, “expand eligibility”, “develop a protocol”, “improve and expand”, “encourage and support”, etc, etc.  Who is going to do all this?  IDOC does not have personnel capable of interpreting them, or implementing CISR’s recommendations, and no funds to hire.
Gov. Rauner’s stated goal is to reduce IL’s prison population by 25% by 2025.  Part II of this commissions report was scheduled for “early spring 2016”.  As of 7/1/2016 nothing.  Look back to see the future?  In 2009, the IL legislature passed the Crime Reduction Act (CRA).  It required IDOC, the Parole Division, and the Prison Review Board to “adopt policies, rules and regulations that within 3 years-----“.  Didn’t happen.  Ironically one of the current commission’s recommendations is that “the CRA of 2009 be fully implemented without further delay”.  It’s now July 2016.
To further encourage removing Hbefore123 from the table please consider these excerpts from the CISR Commission.
P.8 “The problem that IL faces is not only that its prisons are crowded and overly expensive, but also that the State overuses incarceration in ways that, on balance frustrate the system’s goals”.  “Incarcerating offenders excessively or unnecessarily ultimately under mines the IDOC’s mission----“.
P.9 “1. An excessive rate of incarceration incapacites more than public safety requires”.  2nd paragraph “The result is a problem of diminishing returns:  the more IL has increased its use of prisons, particularly to include low-risk offenders, and the more it has lengthened sentences beyond the point where offenders represent a statistical risk to public safety, the more it has  needlessly imposed the high costs of imprisonment on the offenders and the state”.
P.10 “2. IL’s crowded prisons undermine the justice system’s capacity to rehabilitate.”
P.11 “3. High levels of incarceration are unlikely to deter future crime sufficiently to offset the high costs.”
When you reintroduce HB  4123, please consider bringing out only the first portion for discussion at this time  - 730 ILCS 5, Sections 3-6-3, from (a)(1) to (2.6).  Also please consider modifying the wording so that the reduction in sentence (increases in days of credit) be retroactive to the inmates date of incarceration.  Inmates could start being processed out and the savings outlined by SPAC be realized.
The remainder of Hbefore123, from (3) on primarily deals with the Director awarding credit for good conduct, etc.  It covers many, many pages and reads like a quagmire for lengthy discussions.  Save it for a future time.
Thank you for your time and possible renewed interest in this very important Bill.
 
William O. Deere    willied

Offline Forevermah

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Re: House Bill 4123- Sentence Credit-TABLED
« Reply #16 on: July 16, 2016, 05:53:01 AM »
If new legislation is brought forward again in regards to change on decreasing conviction %'s, IPT will post the information, until then this topic is closed.

 This bill as written is tabled, nothing more will happen.

Call your legislators in regards to proposing new legislation in regards to this!
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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