In Illinois When Did The Truth In Sentencing Laws Change?

Illinois Felonies Served at 85%

Annotation: The commodity below includes updated material to explore how Public Act 101-440 impacted truth-in-sentencing laws in Illinois. After an effective date of January ane, 2020, this Act opened a new avenue to judgement credit for eligible inmates.

Defendants in felony cases are subject to special rules for their criminal sentence. Compared to misdemeanor sentencing, which are fairly standard, felonies are complicated. The courtroom is governed by obscure rules that can sometimes produce unexpected results. And the last thing a defense force chaser wants in courtroom is to advise a customer on a sentence, simply to take something unexpected come up.

When the judge determines that a penitentiary sentence is appropriate, the most important issue is whether the land's "Truth-in-Sentencing" law applies.

"Truth-in-Sentencing"

The term truth-in-sentencing refers to a statute that requires the Section of Corrections to execute a sentence in a style that is consequent with the term of years handed down past the judge. Basically, the truth-in-sentencing law was enacted to stop early release programs.

Most felony prison sentences are served at 50% of the fourth dimension indicated by the court on the mittimus (due east.g., a sentencing social club, which in Cook County, judges call this "the hand"). When the truth-in-sentencing constabulary was enacted in 1998, defendants who were sentenced for first-degree murder were ofttimes serving 50% or less of their sentences.

The statute that increased the amount of time that has to be served comes from the Code of Corrections at 730 ILCS 5/three-6-iii. It provides the following rules for prison house inmates:

A defendant who is convicted of showtime-caste murder (720 ILCS 5/9-1) or terrorism (720 ILCS five/29D-14.1) does not get early release and must serve 100% of their sentence. See 730 ILCS five/3-6-3(a)(2)(i).

Crimes with time served mandates

A accused serving a judgement for whatever of the following crimes must also serve 85% of his sentence:

Attempted terrorism. 720 ILCS five/8-iv and 29D-14.ane.
Attempted first degree murder 720 ILCS 5/8-4 and ix-one.
Solicitation of murder. 720 ILCS v/8-1.
Solicitation of murder for rent. 720 ILCS five/viii-1.2.
Intentional homicide of an unborn child. 720 ILCS 5/ix-1.2.
Predatory criminal sexual assault of a child. 720 ILCS five/11-i.40.
Aggravated criminal sexual assault. 720 ILCS 5/eleven-1.30.
Criminal sexual assault. 720 ILCS 5/11-i.twenty.
Aggravated kidnapping. 720 ILCS 5/10-2.
Aggravated bombardment with a firearm. 720 ILCS 5/12-iii.05(e)(one), (east)(2), (e)(3), or (e)(iv).
Heinous battery. 720 ILCS 5/12-3.05(a)(ii).
Being an armed habitual criminal. 720 ILCS 5/24-1.seven.
Aggravated bombardment to a senior denizen. 720 ILCS 5/12-3.05(a)(4).
Aggravated battery to a child. 720 ILCS 5/12-3.05(b)(1).

Meet 730 ILCS five/3-half-dozen-three(a)(2)(ii).

Prisoners who are incarcerated on a sentence for any of these crimes must too serve 85%:

Domicile invasion.720 ILCS v/19-6.
Armed robbery. 720 ILCS v/18-2.
Aggravated vehicular hijacking. 720 ILCS five/xviii-iv.
Aggravated discharge of a firearm. 720 ILCS 5/24-1.2.
Armed violence with a category I weapon or category II weapon causing keen bodily damage. 720 ILCS five/33A-2.

Come across 730 ILCS 5/3-6-3(a)(two)(three).

Nether a newer provision of this truth-in-sentencing law, some offenses are now served at 75% of time:

Gunrunning. 720 ILCS v/24-3A.
Narcotics racketeering. 725 ILCS 175/four.
Controlled substance trafficking. 720 ILCS 570/401.ane.
Methamphetamine trafficking. 720 ILCS 646/56.
Drug-induced homicide. 720 ILCS v/9-3.3.
Aggravated methamphetamine-related child endangerment. 720 ILCS 646/50(b).
Coin laundering. 720 ILCS 5/29B-1(c)(iv) or (c)(5).
Class X felony conviction for delivery of a controlled substance. 720 ILCS 570/401.
Possession of a controlled substance with intent to manufacture or deliver. 720 ILCS 570/401.
Calculated criminal drug conspiracy. 720 ILCS 570/405(b).
Criminal drug conspiracy. 720 ILCS 570/405.1.
Street gang criminal drug conspiracy. 720 ILCS 570/405.2.
Participation in methamphetamine manufacturing. 720 ILCS 646/xv.
Aggravated participation in methamphetamine manufacturing. 720 ILCS 646/15(b).
Delivery of methamphetamine. 720 ILCS 646/55.
Possession with intent to deliver methamphetamine. 720 ILCS 646/55.
Aggravated delivery of methamphetamine. 720 ILCS 646/55(b).
Aggravated possession with intent to deliver methamphetamine. 720 ILCS 646/55(b).
Methamphetamine conspiracy with a weight of 100 grams or more than. 720 ILCS 646/65.

See 730 ILCS 5/3-half dozen-3(a)(2)(v).

A 2nd offense of luring a modest (720 ILCS five/ten-5.1) is served at 85%. See 730 ILCS 5/iii-6-three(a)(2)(vi).

A sentence for aggravated domestic battery (720 ILCS 5/12-3.3) is served at 85%. See 730 ILCS 5/3-6-3(a)(2)(vii).

A defendant sentenced to imprisonment for aggravated driving under the influence, 625 ILCS 5/11-501(d)(1)(F), which involves death, or 625 ILCS 5/11-501(d)(ane)(C), which involves great bodily damage, must serve a sentence of 85% time. See 730 ILCS 5/3-6-3(a)(2.1) and (2.3) and (ii.6).

A sentence of natural life shall exist just that, natural life at 100% of time. See 730 ILCS 5/three-6-three(a)(2.2). Notation that the death sentence was abolished, .

Finally, the legislature added two weapons offenses to the list of crimes served at 85%:

Aggravated bombardment with a automobile gun or a firearm equipped with a silencer.
Aggravated belch of a machine gun or a firearm equipped with a silencer. 720 ILCS 5/24-1.2-five.

"Good Conduct Credit"

All other sentences are served at 50% of time. Sometimes inmates telephone call this twenty-four hour period-for-day, early release, or good-time credit. The statute itself calls the reduction "practiced conduct credit," which tin can be revoked by the Section of Corrections for misbehavior.

But the listing of crimes that are served at 85% is sure to increase. Each year, lawmakers in Springfield will seek to add additional offenses to the list that are served at 85%.

Subsequently January 1, 2020, eligible inmates tin earn 45 to 90 days of sentence credit if they tin can demonstrate completion of certain mandatory programs. These programs can involve substance abuse treatment, correctional industry assignments, teaching, behavior modification, life skills, or re-entry planning. Though it is vital to note that inmates serving a term of natural life imprisonment are ineligible for these new sentence credits.

Tagged equally: 625 ILCS five/11-501(d)(1)(C), 625 ILCS five/eleven-501(d)(1)(F), 720 ILCS 5/10-2, 720 ILCS 5/10-v.one), 720 ILCS five/11-1.20, 720 ILCS v/xi-one.30, 720 ILCS 5/11-1.forty, 720 ILCS v/12-3.05(a)(two), 720 ILCS 5/12-three.05(a)(iv), 720 ILCS 5/12-three.05(b)(1), 720 ILCS 5/12-3.05(e)(one), 720 ILCS five/12-3.05(east)(2), 720 ILCS 5/12-3.05(e)(3), 720 ILCS 5/12-3.05(east)(4), 720 ILCS v/12-iii.3, 720 ILCS 5/18-2, 720 ILCS 5/18-4, 720 ILCS 5/19-6, 720 ILCS 5/24-1.2, 720 ILCS five/24-1.2-5, 720 ILCS 5/24-one.seven, 720 ILCS 5/24-3A, 720 ILCS v/29B-one(c)(4), 720 ILCS 5/29B-1(c)(5), 720 ILCS 5/29D-14.1, 720 ILCS 5/33A-ii, 720 ILCS 5/eight-1, 720 ILCS 5/8-1.ii, 720 ILCS 5/8-4, 720 ILCS v/9-ane, 720 ILCS 5/9-1.2, 720 ILCS v/nine-3.3, 720 ILCS 570/401, 720 ILCS 570/401.ane, 720 ILCS 570/405.1, 720 ILCS 570/405.2, 720 ILCS 570/405(b), 720 ILCS 646/fifteen, 720 ILCS 646/15(b), 720 ILCS 646/50(b), 720 ILCS 646/55, 720 ILCS 646/55(b), 720 ILCS 646/56, 720 ILCS 646/65, 725 ILCS 175/4, 730 ILCS v/3-6-3, 730 ILCS 5/three-half-dozen-3(a)(2.i), 730 ILCS v/iii-6-3(a)(2.3), 730 ILCS 5/iii-6-three(a)(2.6), 730 ILCS 5/iii-6-3(a)(2)(i), 730 ILCS 5/iii-6-3(a)(2)(ii), 730 ILCS v/3-half dozen-3(a)(2)(iii), 730 ILCS 5/3-6-3(a)(2)(v), 730 ILCS five/3-6-3(a)(2)(vi), 730 ILCS five/three-vi-3(a)(2)(seven), aggravated battery to a child, aggravated battery to a senior citizen, aggravated bombardment with a firearm, aggravated bombardment with a machine gun or a firearm equipped with a silencer, aggravated criminal sexual assault, aggravated commitment of methamphetamine, aggravated discharge of a firearm, aggravated discharge of a machine gun or a firearm equipped with a silencer, aggravated domestic bombardment, aggravated driving under the influence, aggravated kidnapping, aggravated methamphetamine-related kid endangerment, aggravated participation in methamphetamine manufacturing, aggravated possession with intent to deliver methamphetamine, aggravated vehicular hijacking, armed robbery, armed violence, armed violence with a category I weapon, armed violence with a category II, attempt first caste murder, effort terrorism, being an armed habitual criminal, calculated criminal drug conspiracy, Class X felony conviction for delivery of a controlled substance, Grade X felony conviction for commitment of a controlled substance (within thousand anxiety), controlled substance trafficking, criminal drug conspiracy, criminal sexual assault, delivery of methamphetamine, Department of Corrections, drug-induced homicide, early release, first caste murder, great bodily harm, gunrunning, heinous battery, dwelling invasion, Illinois Criminal Code, Illinois Criminal Code of 1961, Illinois Criminal Code of 2012, Illinois Truth-in-Sentencing Law, intentional homicide of an unborn child, luring a minor, methamphetamine conspiracy (100 grams or more), methamphetamine trafficking, mittimus, coin laundering, narcotics racketeering, participation in methamphetamine manufacturing, possession of a controlled substance with intent to manufacture or deliver, possession with intent to evangelize methamphetamine, predatory criminal sexual attack of a kid, judgement served at 100%, judgement served at 50%, sentence served at 75%, judgement served at 85%, solicitation of murder, solicitation of murder for hire, street gang criminal drug conspiracy, terrorism