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91_SB0485eng SB485 Engrossed LRB9105588RCpr 1 AN ACT to amend the County Jail Good Behavior Allowance 2 Act by changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The County Jail Good Behavior Allowance Act 6 is amended by changing Section 3 as follows: 7 (730 ILCS 130/3) (from Ch. 75, par. 32) 8 Sec. 3. The good behavior of any person who commences a 9 sentence of confinement in a county jail for a fixed term of 10 imprisonment after January 1, 1987 shall entitle such person 11 to a good behavior allowance, except that: (1) a person who 12 inflicted physical harm upon another person in committing the 13 offense for which he is confined shall receive no good 14 behavior allowance; and (2) a person sentenced for an offense 15 for which the law provides a mandatory minimum sentence shall 16 not receive any portion of a good behavior allowance that 17 would reduce the sentence below the mandatory minimum; and 18 (3) a person sentenced to a county impact incarceration 19 program; and (4) a person who is convicted of criminal sexual 20 assault under paragraph (a)(3) of Section 12-13 of the 21 Criminal Code of 1961, criminal sexual abuse, or aggravated 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. SB485 Engrossed -2- LRB9105588RCpr 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.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.