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| Public Act 096-0495 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The County Jail Good Behavior Allowance Act is | ||||
amended by changing Section 3.1 as follows:
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(730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
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Sec. 3.1. (a) Within 3 months after the effective date of | ||||
this
amendatory Act of 1986, the wardens who supervise | ||||
institutions under this
Act shall meet and agree upon uniform | ||||
rules and regulations for behavior
and conduct, penalties, and | ||||
the awarding, denying and revocation of good
behavior | ||||
allowance, in such institutions; and such rules and regulations
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shall be immediately promulgated and consistent with the | ||||
provisions of this
Act. Interim rules shall be provided by each | ||||
warden consistent with the
provision of this Act and shall be | ||||
effective until the promulgation of
uniform rules. All | ||||
disciplinary action shall be consistent with the
provisions of | ||||
this Act. Committed persons shall be informed of rules of
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behavior and conduct, the penalties for violation thereof, and | ||||
the
disciplinary procedure by which such penalties may be | ||||
imposed. Any rules,
penalties and procedures shall be posted | ||||
and made available to the committed persons.
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(b) Whenever a person is alleged to have violated a rule of | ||||
behavior, a
written report of the infraction shall be filed | ||
with the warden within 72
hours of the occurrence of the | ||
infraction or the discovery of it, and such
report shall be | ||
placed in the file of the institution or facility. No
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disciplinary proceeding shall be commenced more than 8 days | ||
after the infraction or the
discovery of it, unless the | ||
committed person is unable or unavailable for
any reason to | ||
participate in the disciplinary proceeding.
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(c) All or any of the good behavior allowance earned may be | ||
revoked by
the warden, unless he initiates the charge, and in | ||
that case by the
disciplinary board, for violations of rules of | ||
behavior at any time prior
to discharge from the institution, | ||
consistent with the provisions of this Act.
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(d) In disciplinary cases that may involve the loss of good | ||
behavior
allowance or eligibility to earn good behavior | ||
allowance, the warden shall
establish disciplinary procedures | ||
consistent with the following principles:
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(1) The warden may establish one or more disciplinary | ||
boards, made up of
one or more persons, to hear and determine | ||
charges. Any person
who initiates a disciplinary charge against | ||
a committed person shall not
serve on the disciplinary board | ||
that will determine the disposition of the
charge. In those | ||
cases in which the charge was initiated by the warden, he
shall | ||
establish a disciplinary board which will have the authority to
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impose any appropriate discipline.
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(2) Any committed person charged with a violation of rules | ||
of behavior
shall be given notice of the charge, including a | ||
statement of the
misconduct alleged and of the rules this | ||
conduct is alleged to violate, no
less than 24 hours before the | ||
disciplinary hearing.
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(3) Any committed person charged with a violation of rules | ||
is entitled
to a hearing on that charge, at which time he shall | ||
have an opportunity to
appear before and address the warden or | ||
disciplinary board deciding the charge.
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(4) The person or persons determining the disposition of | ||
the charge may
also summon to testify any witnesses or other | ||
persons with relevant
knowledge of the incident. The person | ||
charged may be permitted to question
any person so summoned.
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(5) If the charge is sustained, the person charged is | ||
entitled to a
written statement, within 14 days after the | ||
hearing, of the decision by the
warden or the disciplinary | ||
board which determined the disposition of the
charge, and the | ||
statement shall include the basis for the decision and the
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disciplinary action, if any, to be imposed.
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(6) The warden may impose the discipline recommended by the | ||
disciplinary
board, or may reduce the discipline recommended; | ||
however, no committed
person may be penalized more than 30 days | ||
of good behavior allowance for
any one infraction.
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(7) The warden, in appropriate cases, may restore good | ||
behavior
allowance that has been revoked, suspended or reduced.
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(e) The warden, or his or her designee, may revoke the good | ||
behavior allowance specified in Section 3 of this Act of an | ||
inmate who is sentenced to the Illinois Department of | ||
Corrections for misconduct committed by the inmate while in | ||
custody of the warden. If an inmate while in custody of the | ||
warden is convicted of assault or battery on a peace officer, | ||
correctional employee, or another inmate, or for criminal | ||
damage to property or for bringing into or possessing | ||
contraband in the penal institution in violation of Section | ||
31A-1.1 of the Criminal Code of 1961, his or her day for day | ||
good behavior allowance shall be revoked for each day such | ||
allowance was earned while the inmate was in custody of the | ||
warden. | ||
(Source: P.A. 84-1411.)
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