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New sentencing law not good news for drunk drivers

Governor Quinn has signed new legislation creating a new prison sentencing scheme, replacing the old “meritorious good time” rules.

Under the new law, anyone who is convicted of aggravated drunk driving involving death or great bodily injury will only be eligible for 4.5 days credit per month of sentence, i.e., one would have to serve 85% of the sentence.  On the other hand, anyone convicted of any other felony DUI would only have to serve half of his or her sentence .

Here is the relevant section of the new law:

(2.3) The rules and regulations on early release

shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.

Just to be clear, this 85% rule does not apply to all DUIs — just aggravated DUIs involving death or personal injury.