Ill. Admin. Code tit. 20, § 107.520 - Eligibility for Earned Program Sentence Credit
a) Individuals in Custody who, on or after
January 1, 2018, are engaged full-time in substance abuse programs,
Correctional Industries assignments, academic or vocational education programs,
behavior modification programs, life skills courses, re-entry planning or
ATC/work release programs provided or approved by the Department shall be
eligible to receive earned program sentence credit at the rate of 1.00 credit
per program day provided:
1) the individual
is eligible to receive one day of statutory sentence credit for each day served
on their sentence of imprisonment or recommitment as a parole or mandatory
supervised release violator in accordance with Subpart B; and
2) the individual achieve the goals
established by the Department within a specified time period.
b) Individuals in custody who, on
or after July 1, 2021, are engaged in full time self-improvement programs,
approved volunteer activities, or work assignments provided or approved by the
Department shall be eligible to receive earned program sentence credit at the
rate of 0.5 credits per program day provided:
1) the individual is eligible to receive one
day of statutory sentence credit for each day served on their sentence of
imprisonment or recommitment as a parole or mandatory supervised release
violator in accordance with Subpart B; and
2) the individual achieves the goals
established by the Department within a specified time period.
c) Individuals in Custody shall
not be eligible to receive earned program sentence credit at the rate of 1.0 or
0.5 credits per day if:
1) the individual is
assigned to a boot camp or electronic detention program; or
2) the individual is serving a sentence for
an excluded offense under the provisions of Section 3-6-3(a)(4) of the UCOC;
or
3) the individual is removed
from the program for failure to comply with program requirements or for
disciplinary reasons.
d)
Individuals in Custody who are not eligible under subsection (a) or (b) who
enroll full-time in an educational program approved by the Department shall be
eligible to receive program sentence credit at the rate of 0.25 credits per day
provided:
1) the individual is eligible to
receive one day of statutory sentence credit for each day served on their
sentence of imprisonment or recommitment as a parole or mandatory supervised
release violator in accordance with Subpart B;
2) The offense for which the individual was
convicted was committed on or after September 10, 1990 through August 10,
1993;
3) the individual has not
been convicted of first degree murder, second degree murder, or a Class X
felony;
4) the individual has not
been convicted of a felony that was committed after a previous award of earned
good conduct credit or program sentence credit;
5) the individual achieves the educational
goals established by the Department within a specified time period;
and
6) the individual is not
removed from the program for failure to comply with program requirements or for
disciplinary reasons.
e)
Individuals in Custody serving a sentence for an offense committed prior to
June 19, 1998, excluding individuals in custody serving a term of natural life
imprisonment, may be eligible to receive earned 45 or 90 days of earned program
sentence credit for programming completed prior to January 1, 2020 if:
1) the Department or an approved program
provides documentation of successful completion of programming;
2) the individual in custody provides an
affidavit or documentation that the individual engaged in and successfully
completed full-time programming; or
3) a third party provides documentation or
testimony that the individual in custody engaged in and successfully completed
full-time programming.
f) Individuals in custody who are eligible
for earned program sentence credit under subsection (e) that provide
documentation of program participation in excess of 45 days shall receive 90
days of sentence credit.
g)
Individuals in Custody who are eligible for earned program sentence credit
under subsection (e) that cannot provide documentation of program participation
of more than 45 days shall receive 45 days of program participation.
h) Individuals in Custody eligible for
sentence credit under subsection (d) who have been convicted of a sex offense,
as defined in the Sex Offender Registration Act [730 ILCS 150 ], shall not
receive the earned program sentence credit under subsection (e) unless the
individual successfully completes, or is participating in, sex offender
treatment. However, if the individual in custody is on a waiting list for
treatment but is unable to participate due solely to lack of Department
resources, the individual may be awarded 45 or 90 days earned program credit at
the discretion of the Director.
i)
No individual in custody shall be eligible to receive earned program sentence
credit if the award reduces his or her sentence to less than:
1) 85% for individuals in custody required to
serve 85% of their sentence; or
2)
60% for individuals in custody required to serve 75% of their sentence, except
for the offense of gunrunning, which shall not be reduced less than
75%.
j) Full-time
assignment to a program for which an offender may be eligible to receive earned
program sentence credit shall mean:
1)
Behavioral modification, life skills, re-entry planning, self-improvement
program and volunteer activity programming shall be considered full-time if
they include a minimum of three-hours of programming.
2) Educational programming shall be
considered full-time if an individual in custody:
A) Is enrolled in a continuing, ongoing,
regularly scheduled educational program, and
B) Is enrolled in Adult Basic Education
(ABE), Advanced ABE, Adult Secondary Education (ASE) or vocational programs
where classes are regularly scheduled to meet a minimum of 10 hours per week
(minimum of five days per week, two hours per day or four days per week, two
and one-half hour per day), except for holidays; or
C) Is enrolled in a college academic program
for a minimum of 6 credit hours per module or 12 credit hours per
semester.
3) Substance
use programming shall be considered full-time if the participant is:
A) Housed in a dedicated substance use
program facility, or housing unit or housing unit wing, in which all
individuals in custody are receiving full-time substance use services;
or
B) Normally scheduled to
participate in a minimum of 15 hours of substance use programming per
week.
4) A Correctional
Industries assignment shall be considered full-time if normally scheduled for a
minimum of 4 hours per day, 5 days per week.
Notes
Amended at 37 Ill. Reg. 1598, effective February 1, 2013
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