An Illinois prisoner has served a lengthy prison sentence for an armed robbery committed when he was 19 in 1995. He understands that he made a huge mistake that cost him his freedom and best years. However, he has been working hard to make changes in his life. He has completed a bachelor’s degree and an intensive full-time substance abuse program to kick his drug habit. Recent changes to Illinois law will make him eligible for a sentencing credit, allowing him to get out of prison over seven months earlier than he would have otherwise.
Changes to the Truth in Sentencing Law
Changes to Illinois’ Truth in Sentencing law came into effect on January 1, 2020. The changes apply to prisoners serving sentences for certain crimes committed after June 19, 1998. The changes allow the Illinois Department of Corrections (IDOC) to award a prisoner up to 90 days of sentence credit for successfully completing specific programs, including:
- Full-time substance abuse programs
- Educational programs
- Correctional Industries assignment
- Behavior modification programs, such as life skills courses
- Re-entry planning
- Obtaining college credit and advanced degrees
Those serving natural life sentences will not be eligible for sentence credits under the new changes. Additionally, those required to service 75%, 85%, or 100% of their sentences will not receive sentence credits.
How to Get Good Time Credit
If a person is serving a prison sentence for a crime included in the bill, the credit should be awarded once he or she successfully completes programming during the incarceration. Even if a prisoner completed a qualifying program before the law went into effect on January 1st, 2020, they could still receive a sentence in credit. Successful completion of programming means completing the program the prisoner started. Getting kicked out of the program due to noncompliance or rule violations or quitting will make a prisoner ineligible for a sentencing credit.
Determining the Amount of Sentencing Credit
If a prisoner participated in over 45 days of programs successfully, they will receive a 90-day sentence credit. If a prisoner completed fewer than 45 days of programs, or cannot prove that they completed over 45 days, they will receive 45 days of sentence credit. When a prisoner obtains a bachelor’s, masters, or professional degree while in custody, they will be entitled to an additional 180 days of sentence credit.
The prisoner will need to provide documentation that they completed one of the qualifying programs. Proof can be provided to the prisoner’s own testimony, documentation, affidavit, or a third party’s documentation. If the prisoner received a degree, they will need to provide a copy of the degree.
Contact a Chicagoland Criminal Defense Attorney
If you have questions about sentence credits or any other legal matter, we can help. At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a crime.