NOTE: This page contains new materials to account for updates to Illinois law after passage of Public Act 101-440. After January 1, 2020, this Act modified several provisions of 730 ILCS 5/3-6-3, including guidelines for sentencing credits earned toward early release.
There was a time in Illinois when inmates could get released from state prison in only days. It was the era of “dress-in-dress-out.”
Those days are long gone, but the Illinois Department of Corrections (IDOC) has re-instituted another form of early release for inmates. The new early release program has caused confusion in courtrooms throughout the state. To understand it, a look back at history is needed.
Recent History of Early Release Programs in IL
In 2009, the state economy was in the worst part of the Great Recession, and the government needed to save money. The IDOC devised a scheme to release inmates early, saving on costs and decreasing prison populations. But, they went too far, and politics caught up with them.
Even though they were supposed to keep inmates in custody for at least 60 days before reducing their sentences with early release credits, the IDOC was giving inmates credit from day 1. The result was that prisoners who had sentencing credit for their time in county jails awaiting trial were eligible for release on their first day in the IDOC
The lore was that these inmates would go downstate on a bus in their county jail garb and once they reached their IDOC facility, dress into IDOC clothes, and then change into civilian attire for release. The practice was dubbed “dress-in-dress-out.”
Investigative reporters from the Associated Press exposed the practice in December 2009. Allegedly the IDOC had distributed a memo about an “MGT Push,” referring to using meritorious good time credit to reduce prison population.
At the time, Governor Pat Quinn was mired in a tough re-election campaign against State Senator Bill Brady. He immediately signed an order putting a stop to the program.
But he didn’t just stop the award of credit from the first day. Rather, he stopped the award of all credit, including a six -month good conduct credit authorized by statute, 730 ILCS 5/3-6-3(a)(3). And so, inmates began staying in prison for longer than ever.
In the aftermath, Quinn won the election, but then-Director of IDOC Michael Randle was forced to resign.
On February 22, 2013, the IDOC re-implemented the early release program with a few changes. While dress-in-dress-out may be over, there are some similarities to the early release program pre-2009.
First and foremost, the requirement of serving 60 days before receiving other early release credits is back. But this time, it is written into law. Before 2009, the 60-day requirement was unwritten and no one complied with it. Now this is the rule followed in every case.
The 60-day requirement created the term, “61-day wonder,” which describes an inmate who is immediately eligible for release after serving 60 days. A prisoner serving a one-year IDOC sentence on an ordinary, non-violent Class 4 felony should become a 61-day wonder.
The six-month good conduct credit is back, too. While the Code of Corrections calls it good conduct credit, the IDOC is calling it Supplemental Sentence Credit (SSC). But the name is not the only thing that has changed. There are more restrictions.
The Department of Corrections has provided the following guidance:
For an offender to be eligible for an award of SSC, first and foremost, they must have served more than 60 days in IDOC custody and be serving a sentence for offenses that are not excluded from an award pursuant to Section 3-6-3(a)(3) of the Code of Corrections (730 ILCS 5/3-6-3(a)(3)). Additionally, some offenders, by the nature of their current commitment offenses, will only be eligible for up to 90 days of SSC pursuant to Section 3-6-3(a)(3) of the Code of Corrections.
Illinois Supplemental Sentence Credit (SSC) Requirements
There are additional administrative rule requirements that must be met in order for an offender to be eligible for an award of SSC. The offender:
- Must not be subject to review under the Sexually Violent Person’s Act,
- Must not have been found guilty of a 100 level disciplinary offense (violated while in custody) under 20 Ill. Adm. Code 504,
- Must not have any pending criminal charges committed during the current incarceration,
- Must not have been returned to the Department for a violation of their parole or mandatory supervised release during their current incarceration,
- Must not have voluntarily quit or have been terminated for disciplinary reasons from a boot camp program,
- If recommended by a court, must have completed substance abuse treatment or been waived from the requirement by the Department, and
- Must have completed mandatory sex offender treatment (if necessary) or been waived of the requirement by the Department (if applicable).
The IDOC has gone out of its way to warn that this credit is discretionary, no one is entitled to it. But that may be for appearances, because many prison are overcrowded and underfunded.
The state prison system has been over 45,00 inmates for many years now, which is far above its configured capacity. The IDOC facilities are now turning gymnasiums into living space for minimum security inmates. The Tamms Correctional Center, a maximum-security prison, was closed; and the state plans to close other facilities too.
Now that Public Act 101-440 is effective, certain inmates serving time for offenses committed before June 19, 1998 can benefit from improved sentencing credits. More specifically, inmates who complete certain improvement programs and training – such as substance abuse, academic education, or life skills – can earn 90 days of sentence credit for 45 days of participation.