| ||||
| Public Act 099-0259 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The County Jail Good Behavior Allowance Act is | ||||
amended by changing Sections 2 and 3.1 as follows:
| ||||
(730 ILCS 130/2) (from Ch. 75, par. 31)
| ||||
Sec. 2. For the purposes of this Act:
| ||||
"Committed person" means a person confined in a county jail | ||||
whether serving a term of imprisonment or confined pending | ||||
trial or sentencing. | ||||
"Good behavior" means the compliance by a person with all | ||||
rules and
regulations of the institution and all laws of the | ||||
State while confined
in a county jail whether serving a | ||||
sentence of imprisonment or confined in the county jail pending | ||||
trial or sentencing.
| ||||
"Good behavior allowance" means the number of days awarded | ||||
in diminution
of sentence as a reward for good behavior.
| ||||
"Date of sentence" means and includes the date of the | ||||
calendar month on
which the person commences to serve the | ||||
sentence. If the sentence commences
at midnight, date of | ||||
sentence shall be the date of the day occurring one
minute | ||||
after midnight.
| ||||
"Warden" means any sheriff or other police official charged | ||||
with the
duty of supervising and maintaining the confinement of | ||
prisoners.
| ||
(Source: P.A. 85-836.)
| ||
(730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
| ||
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
| ||
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
| ||
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.
| ||
(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
| ||
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.
| ||
(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.
| ||
(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:
| ||
(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
impose any | ||
appropriate discipline.
| ||
(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.
| ||
(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.
| ||
(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.
| ||
(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
disciplinary action, if any, to be imposed.
| ||
(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 unless the infraction is the second or | ||
subsequent infraction within any 30-day period in which | ||
case the committed person may not be penalized more than 60 | ||
days of good behavior allowance.
| ||
(7) The warden, in appropriate cases, may restore good | ||
behavior
allowance that has been revoked, suspended or | ||
reduced.
| ||
(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 or the Criminal Code of | ||
2012, 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. 96-495, eff. 1-1-10; 97-1150, eff. 1-25-13.)
| ||