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Author Topic: SB 2872 HFA 2 - On Governor's Desk  (Read 11801 times)

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Offline ashleysiek

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #20 on: March 11, 2017, 01:59:51 PM »
Does it say who it applies to ??? All, or limited ?

Offline ashleysiek

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #21 on: March 12, 2017, 09:56:03 PM »
Also, in the video of him signing this bill, he said that another bill was proposed the day before. Does anyone know what bill it is???

Offline Shadyboo

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #22 on: March 15, 2017, 11:34:58 AM »
What Does it mean for inmates at 85%????

Offline jts

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #23 on: March 15, 2017, 01:15:01 PM »
I can't answer that question for you but I have written to a couple of people trying to find out. It may not mean anything for 85% In the meantime, I saw this press release today about SB 1722. It may offer some hope for those of us involved in truth-in-sentencing issues if you read the reforms included in this legislation in the press release. It is a long way from being law right now but this may be the time to contact state senators as that's where it says the bill is headed.

http://www.senatorraoul.com/index.php/news

Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #24 on: March 15, 2017, 03:45:27 PM »
What Does it mean for inmates at 85%????

Normally people serving an 85% conviction do not earn SSC or credit for taking classes/programs, but can still take them.
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Offline BossPink

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #25 on: March 17, 2017, 07:12:19 PM »
SB 2872 PASSED and signed !!!!
It's effective January 1st 2018!
WOOOO - HOOOOO  :wc7: Just wondering, how will we know if our l/o will receive this?? I want to say something to him, but want as much info as possible before I do!!
It hurts not having u close, but it would hurt even more not having u at all!



Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #26 on: March 18, 2017, 07:02:36 AM »
This bill is not going to grant everyone more SSC or program/classes credits .. go to this link to the section of sentence credit for more information:

http://www.icjia.org/spac/pdf/SB2872_HFA2_Probation_Eligible_FA-PP.pdf
Do not value the "things" you have in your life - value "who" you have in your life....



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Offline ashleysiek

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #27 on: March 18, 2017, 07:04:54 AM »
On that link, it says for first degree murder 13%. So 're they eligible ??

Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #28 on: March 18, 2017, 07:12:08 AM »
Sentence Credit

House Floor Amendment 2 to Senate Bill 2872 expands eligibility for two types of sentence credits:
supplemental credits for good behavior and programming credits. Sentence credits reduce the amount of time
the inmate must spend in prison. As with the probation eligibility, SPAC identified all admissions to prison from
the past three years (FY2013-2015) that would be affected. Overall, an average of 11,935 inmates admitted to
prison each year would have had different eligibility for sentencing credits had this proposal been in effect.

Eligibility does not guarantee that the credits will be awarded as there are a number of variables IDOC can
consider when determining how much credit to give. In addition, IDOC can revoke credits for bad behavior. The
following calculations represent the estimated scale in changing current sentencing policy. If credits are
awarded, this proposal may change the length of stay lever to reduce the prison population.

Programming credits require successful completion of programming offered by IDOC, which depends on
programming capacity. Under current law, some offenders are prohibited from receiving programming credit
based on their crime of conviction or their status as repeat offenders. House Floor Amendment 2 to SB 2872
removes the latter prohibition, the bar for repeat offenders. The earlier version, House Floor Amendment 1,
removed the barrier for programming credits for Class X offenses and some other crimes but also added some
restrictions. The analysis presented here focuses HFA2, which passed both chambers.

Supplemental credits can be earned by an inmate by complying with the rules of the institution, and rendering
service to the institution, community, or State. Eligibility requirements include, but are not limited to, review of
any validated risk assessment or other evaluations, a history of forcible felonies, and the offender’s disciplinary
history. Under current law, offenders admitted for certain enumerated offenses which involve crimes against
people are eligible for 90 days of supplemental credits. The proposal allows up to 180 days of this kind of credit
for the offenses currently limited to 90 days (partially newly eligible). An average of 38 inmates admitted to
prison would have been eligible for an additional 90 days of supplemental sentence credit.


3 An additional 1,849 admissions each year would be fully newly eligible for the 180 supplemental sentence credits. Of those fully
newly eligible, almost 80% are for  crimes classified as forcible felonies, a factor that the IDOC Director must
consider before awarding credits.
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 Forevermah

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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.”

Offline ashleysiek

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #30 on: March 18, 2017, 09:01:30 AM »
Okay wait I'm sorry I'm so confused with all of this. So are they looking to be eligible or no??

Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #31 on: March 18, 2017, 11:59:46 AM »
This was all taken out of the bill it is ---------------- through ... the Director (Warden) could not give more than 90 days of good time for the sentences listed. 

IT WAS TAKEN OUT  -----------  look on part 12 & following

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=SB&DocNum=2872&GAID=13&LegID=96191&SpecSess=&Session=



However, the Director shall not award
23      more than 90 days of sentence credit for good conduct to any
24      prisoner who is serving a sentence for conviction of first
25      degree murder, reckless homicide while under the influence of
26      alcohol or any other drug, or aggravated driving under the
 

 

SB2872 Enrolled   - 13 -   LRB099 19925 RLC 44324 b

1      influence of alcohol, other drug or drugs, or intoxicating
2      compound or compounds, or any combination thereof as defined in
3      subparagraph (F) of paragraph (1) of subsection (d) of Section
4      11-501 of the Illinois Vehicle Code, aggravated kidnapping,
5      kidnapping, predatory criminal sexual assault of a child,
6      aggravated criminal sexual assault, criminal sexual assault,
7      deviate sexual assault, aggravated criminal sexual abuse,
8      aggravated indecent liberties with a child, indecent liberties
9      with a child, child pornography, heinous battery as described
10      in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
11      aggravated battery of a spouse, aggravated battery of a spouse
12      with a firearm, stalking, aggravated stalking, aggravated
13      battery of a child as described in Section 12-4.3 or
14      subdivision (b)(1) of Section 12-3.05, endangering the life or
15      health of a child, or cruelty to a child. Notwithstanding the
16      foregoing, sentence credit for good conduct shall not be
17      awarded on a sentence of imprisonment imposed for conviction
18      of: (i) one of the offenses enumerated in subdivision
19      (a)(2)(i), (ii), or (iii) when the offense is committed on or
20      after June 19, 1998 or subdivision (a)(2)(iv) when the offense
21      is committed on or after June 23, 2005 (the effective date of
22      Public Act 94-71) or subdivision (a)(2)(v) when the offense is
23      committed on or after August 13, 2007 (the effective date of
24      Public Act 95-134) or subdivision (a)(2)(vi) when the offense
25      is committed on or after June 1, 2008 (the effective date of
26      Public Act 95-625) or subdivision (a)(2)(vii) when the offense
 

 

SB2872 Enrolled   - 14 -   LRB099 19925 RLC 44324 b

1      is committed on or after July 23, 2010 (the effective date of
2      Public Act 96-1224), (ii) aggravated driving under the
3      influence of alcohol, other drug or drugs, or intoxicating
4      compound or compounds, or any combination thereof as defined in
5      subparagraph (F) of paragraph (1) of subsection (d) of Section
6      11-501 of the Illinois Vehicle Code, (iii) one of the offenses
7      enumerated in subdivision (a)(2.4) when the offense is
8      committed on or after July 15, 1999 (the effective date of
9      Public Act 91-121), (iv) aggravated arson when the offense is
10      committed on or after July 27, 2001 (the effective date of
11      Public Act 92-176), (v) offenses that may subject the offender
12      to commitment under the Sexually Violent Persons Commitment
13      Act, or (vi) aggravated driving under the influence of alcohol,
14      other drug or drugs, or intoxicating compound or compounds or
15      any combination thereof as defined in subparagraph (C) of
16      paragraph (1) of subsection (d) of Section 11-501 of the
17      Illinois Vehicle Code committed on or after January 1, 2011
18      (the effective date of Public Act 96-1230).



This was added:

   Eligibility for the additional earned sentence credit under
23      this paragraph (3) shall be based on, but is not limited to,
24      the results of any available risk/needs assessment or other
25      relevant assessments or evaluations administered by the
26      Department using a validated instrument, the circumstances of
 

 

SB2872 Enrolled   - 15 -   LRB099 19925 RLC 44324 b

1      the crime, any history of conviction for a forcible felony
2      enumerated in Section 2-8 of the Criminal Code of 2012, the
3      inmate's behavior and disciplinary history while incarcerated,
4      and the inmate's commitment to rehabilitation, including
5      
 

 

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 jts

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #32 on: March 18, 2017, 02:22:32 PM »
Mah, do you see any differences between the sentence credit sections of this SB 2872 and the link I am adding here which is an amendment to SB1722 (that's the one about repeat gun offenders, called the Safe Neighborhoods Reform Act which according to the press release last week is supposed to have an effect on truth-in-sentencing? I find it a difficult read, not being a lawyer, but I don't see any % changes to TIS being offered. I hope I'm missing something, but trying not to get my hopes up. The sentence credit section starts about part 78. My main focus is aggravated DUI and I don't see any help for that. Do you?

http://www.ilga.gov/legislation/100/SB/10000SB1722sam002.htm

Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #33 on: March 18, 2017, 02:37:59 PM »
Mah, do you see any differences between the sentence credit sections of this SB 2872 and the link I am adding here which is an amendment to SB1722 (that's the one about repeat gun offenders, called the Safe Neighborhoods Reform Act which according to the press release last week is supposed to have an effect on truth-in-sentencing? I find it a difficult read, not being a lawyer, but I don't see any % changes to TIS being offered. I hope I'm missing something, but trying not to get my hopes up. The sentence credit section starts about part 78. My main focus is aggravated DUI and I don't see any help for that. Do you?

http://www.ilga.gov/legislation/100/SB/10000SB1722sam002.htm


As far as gun crimes, especially for 2nd time offenders, the laws are going to get tougher not easier.




This is new wording in this Reform Act:





(4.7) On or after the effective date of this amendatory Act
20      of the 100th General Assembly, sentence credit under paragraph
21      (3), (4), or (4.1) of this subsection (a) may be awarded to a
22      prisoner who is serving a sentence for an offense described in
23      paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
24      on or after the effective date of this amendatory Act of the
25      100th General Assembly; provided, the award of the credits
26      under this paragraph (4.7) shall not reduce the sentence of the
 

 

10000SB1722sam002   - 94 -   LRB100 11347 RLC 23204 a

1      prisoner to less than the following amounts:
2              (i) 85% of his or her sentence if the prisoner is
3          required to serve 85% of his or her sentence; or
4              (ii) 60% of his or her sentence if the prisoner is
5          required to serve 75% of his or her sentence, except if the
6          prisoner is serving a sentence for gunrunning his or her
7          sentence shall not be reduced to less than 75%.

8          This paragraph (4.7) shall not apply to a prisoner serving
9      a sentence for an offense described in subparagraph (i) of
10      paragraph (2) of this subsection (a).




So it looks like an inmate that is sentenced to serve 75% could earn credit but nothing under 60% of their sentence.

Anyone with an 85% conviction still has to serve their 85%.
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 jts

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #34 on: March 19, 2017, 09:50:46 AM »
Thank you. That's what I was afraid of. I guess they can still claim to have some changes to TIS with this bill  but the 85% group, which is where my loved one is for DUI has no relief. Very disappointing.

Offline lois59

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #35 on: March 20, 2017, 10:44:51 PM »
Am totally confused by this bill does anyone know if sentenced to 100% they get any time off???

Offline luchwazs

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #36 on: April 09, 2017, 05:29:31 PM »
do you know if this bill will apply retroactively.  example if my husband is already serving his time will he be affected or just those sentenced after January 2018
thank you

Offline luchwazs

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #37 on: April 09, 2017, 05:31:39 PM »
do you know if this bill will be retroactive.  example if my husband is already serving his time will he be affected or just those sentenced after January 2018
thank you

Offline Forevermah

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #38 on: April 12, 2017, 07:51:04 AM »
do you know if this bill will be retroactive.  example if my husband is already serving his time will he be affected or just those sentenced after January 2018
thank you

No sure about that, but read this, they may be IF they qualify:


(4.7) On or after the effective date of this amendatory Act
20      of the 100th General Assembly, sentence credit under paragraph
21      (3), (4), or (4.1) of this subsection (a) may be awarded to a
22      prisoner who is serving a sentence for an offense described in
23      paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
24      on or after the effective date of this amendatory Act of the
25      100th General Assembly; provided, the award of the credits
26      under this paragraph (4.7) shall not reduce the sentence of the
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 Kauper

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Re: SB 2872 HFA 2 - On Governor's Desk
« Reply #39 on: April 12, 2017, 08:02:09 AM »
I have been trying to interpret this new law. I have a friend incarcerated and think this might drastically reduce his sentence, but lots of grey area in this law. Can someone tell me a source to go to where I can plug in some numbers to do the math for sentence credit? Or do I need to go to the warden at the facility where he is being held to have them determine his sentence credit? Somebody somewhere has to know how to accurately calculate the sentence credit?