HB3785 EnrolledLRB099 09553 RLC 29762 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The County Jail Good Behavior Allowance Act is
5amended by changing Sections 2 and 3.1 as follows:
6    (730 ILCS 130/2)  (from Ch. 75, par. 31)
7    Sec. 2. For the purposes of this Act:
8    "Committed person" means a person confined in a county jail
9whether serving a term of imprisonment or confined pending
10trial or sentencing.
11    "Good behavior" means the compliance by a person with all
12rules and regulations of the institution and all laws of the
13State while confined in a county jail whether serving a
14sentence of imprisonment or confined in the county jail pending
15trial or sentencing.
16    "Good behavior allowance" means the number of days awarded
17in diminution of sentence as a reward for good behavior.
18    "Date of sentence" means and includes the date of the
19calendar month on which the person commences to serve the
20sentence. If the sentence commences at midnight, date of
21sentence shall be the date of the day occurring one minute
22after midnight.
23    "Warden" means any sheriff or other police official charged



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1with the duty of supervising and maintaining the confinement of
3(Source: P.A. 85-836.)
4    (730 ILCS 130/3.1)  (from Ch. 75, par. 32.1)
5    Sec. 3.1. (a) Within 3 months after the effective date of
6this amendatory Act of 1986, the wardens who supervise
7institutions under this Act shall meet and agree upon uniform
8rules and regulations for behavior and conduct, penalties, and
9the awarding, denying and revocation of good behavior
10allowance, in such institutions; and such rules and regulations
11shall be immediately promulgated and consistent with the
12provisions of this Act. Interim rules shall be provided by each
13warden consistent with the provision of this Act and shall be
14effective until the promulgation of uniform rules. All
15disciplinary action shall be consistent with the provisions of
16this Act. Committed persons shall be informed of rules of
17behavior and conduct, the penalties for violation thereof, and
18the disciplinary procedure by which such penalties may be
19imposed. Any rules, penalties and procedures shall be posted
20and made available to the committed persons.
21    (b) Whenever a person is alleged to have violated a rule of
22behavior, a written report of the infraction shall be filed
23with the warden within 72 hours of the occurrence of the
24infraction or the discovery of it, and such report shall be
25placed in the file of the institution or facility. No



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1disciplinary proceeding shall be commenced more than 8 days
2after the infraction or the discovery of it, unless the
3committed person is unable or unavailable for any reason to
4participate in the disciplinary proceeding.
5    (c) All or any of the good behavior allowance earned may be
6revoked by the warden, unless he initiates the charge, and in
7that case by the disciplinary board, for violations of rules of
8behavior at any time prior to discharge from the institution,
9consistent with the provisions of this Act.
10    (d) In disciplinary cases that may involve the loss of good
11behavior allowance or eligibility to earn good behavior
12allowance, the warden shall establish disciplinary procedures
13consistent with the following principles:
14        (1) The warden may establish one or more disciplinary
15    boards, made up of one or more persons, to hear and
16    determine charges. Any person who initiates a disciplinary
17    charge against a committed person shall not serve on the
18    disciplinary board that will determine the disposition of
19    the charge. In those cases in which the charge was
20    initiated by the warden, he shall establish a disciplinary
21    board which will have the authority to impose any
22    appropriate discipline.
23        (2) Any committed person charged with a violation of
24    rules of behavior shall be given notice of the charge,
25    including a statement of the misconduct alleged and of the
26    rules this conduct is alleged to violate, no less than 24



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1    hours before the disciplinary hearing.
2        (3) Any committed person charged with a violation of
3    rules is entitled to a hearing on that charge, at which
4    time he shall have an opportunity to appear before and
5    address the warden or disciplinary board deciding the
6    charge.
7        (4) The person or persons determining the disposition
8    of the charge may also summon to testify any witnesses or
9    other persons with relevant knowledge of the incident. The
10    person charged may be permitted to question any person so
11    summoned.
12        (5) If the charge is sustained, the person charged is
13    entitled to a written statement, within 14 days after the
14    hearing, of the decision by the warden or the disciplinary
15    board which determined the disposition of the charge, and
16    the statement shall include the basis for the decision and
17    the disciplinary action, if any, to be imposed.
18        (6) The warden may impose the discipline recommended by
19    the disciplinary board, or may reduce the discipline
20    recommended; however, no committed person may be penalized
21    more than 30 days of good behavior allowance for any one
22    infraction unless the infraction is the second or
23    subsequent infraction within any 30-day period in which
24    case the committed person may not be penalized more than 60
25    days of good behavior allowance.
26        (7) The warden, in appropriate cases, may restore good



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1    behavior allowance that has been revoked, suspended or
2    reduced.
3    (e) The warden, or his or her designee, may revoke the good
4behavior allowance specified in Section 3 of this Act of an
5inmate who is sentenced to the Illinois Department of
6Corrections for misconduct committed by the inmate while in
7custody of the warden. If an inmate while in custody of the
8warden is convicted of assault or battery on a peace officer,
9correctional employee, or another inmate, or for criminal
10damage to property or for bringing into or possessing
11contraband in the penal institution in violation of Section
1231A-1.1 of the Criminal Code of 1961 or the Criminal Code of
132012, his or her day for day good behavior allowance shall be
14revoked for each day such allowance was earned while the inmate
15was in custody of the warden.
16(Source: P.A. 96-495, eff. 1-1-10; 97-1150, eff. 1-25-13.)