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91_HB1784
LRB9105509REmb
1 AN ACT concerning good behavior allowances.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The County Jail Good Behavior Allowance Act
5 is amended by changing Section 3 as follows:
6 (730 ILCS 130/3) (from Ch. 75, par. 32)
7 Sec. 3. The good behavior of any person who commences a
8 sentence of confinement in a county jail for a fixed term of
9 imprisonment after January 1, 1987 shall entitle such person
10 to a good behavior allowance, except that: (1) a person who
11 inflicted physical harm upon another person in committing the
12 offense for which he is confined shall receive no good
13 behavior allowance; and (2) a person sentenced for an offense
14 for which the law provides a mandatory minimum sentence shall
15 not receive any portion of a good behavior allowance that
16 would reduce the sentence below the mandatory minimum; and
17 (3) a person sentenced to a county impact incarceration
18 program shall receive no good behavior allowance; and (4) a
19 person convicted of criminal sexual assault pursuant to
20 paragraph (3) of subsection (a) of Section 12-13 of the
21 Criminal Code of 1961, aggravated criminal sexual abuse, or
22 criminal sexual abuse shall receive no good behavior
23 allowance. The good behavior allowance provided for in this
24 Section shall not apply to individuals sentenced for a felony
25 to probation or conditional discharge where a condition of
26 such probation or conditional discharge is that the
27 individual serve a sentence of periodic imprisonment or to
28 individuals sentenced under an order of court for civil
29 contempt.
30 Such good behavior allowance shall be cumulative and
31 awarded as provided in this Section.
-2- LRB9105509REmb
1 The good behavior allowance rate shall be cumulative and
2 awarded on the following basis:
3 The prisoner shall receive one day of good behavior
4 allowance for each day of service of sentence in the county
5 jail, and one day of good behavior allowance for each day of
6 incarceration in the county jail before sentencing for the
7 offense that he or she is currently serving sentence but was
8 unable to post bail before sentencing, except that a prisoner
9 serving a sentence of periodic imprisonment under Section
10 5-7-1 of the Unified Code of Corrections shall only be
11 eligible to receive good behavior allowance if authorized by
12 the sentencing judge. Each day of good behavior allowance
13 shall reduce by one day the prisoner's period of
14 incarceration set by the court. For the purpose of
15 calculating a prisoner's good behavior allowance, a
16 fractional part of a day shall not be calculated as a day of
17 service of sentence in the county jail unless the fractional
18 part of the day is over 12 hours in which case a whole day
19 shall be credited on the good behavior allowance.
20 If consecutive sentences are served and the time served
21 amounts to a total of one year or more, the good behavior
22 allowance shall be calculated on a continuous basis
23 throughout the entire time served beginning on the first date
24 of sentence or incarceration, as the case may be.
25 (Source: P.A. 89-587, eff. 7-31-96.)