Full Text of HB3785 99th General Assembly
HB3785enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 is | 5 | | amended 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 | 9 | | whether serving a term of imprisonment or confined pending | 10 | | trial or sentencing. | 11 | | "Good behavior" means the compliance by a person with all | 12 | | rules and
regulations of the institution and all laws of the | 13 | | State while confined
in a county jail whether serving a | 14 | | sentence of imprisonment or confined in the county jail pending | 15 | | trial or sentencing .
| 16 | | "Good behavior allowance" means the number of days awarded | 17 | | in diminution
of sentence as a reward for good behavior.
| 18 | | "Date of sentence" means and includes the date of the | 19 | | calendar month on
which the person commences to serve the | 20 | | sentence. If the sentence commences
at midnight, date of | 21 | | sentence shall be the date of the day occurring one
minute | 22 | | after midnight.
| 23 | | "Warden" means any sheriff or other police official charged |
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| 1 | | with the
duty of supervising and maintaining the confinement of | 2 | | prisoners.
| 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 | 6 | | this
amendatory Act of 1986, the wardens who supervise | 7 | | institutions under this
Act shall meet and agree upon uniform | 8 | | rules and regulations for behavior
and conduct, penalties, and | 9 | | the awarding, denying and revocation of good
behavior | 10 | | allowance, in such institutions; and such rules and regulations
| 11 | | shall be immediately promulgated and consistent with the | 12 | | provisions of this
Act. Interim rules shall be provided by each | 13 | | warden consistent with the
provision of this Act and shall be | 14 | | effective until the promulgation of
uniform rules. All | 15 | | disciplinary action shall be consistent with the
provisions of | 16 | | this Act. Committed persons shall be informed of rules of
| 17 | | behavior and conduct, the penalties for violation thereof, and | 18 | | the
disciplinary procedure by which such penalties may be | 19 | | imposed. Any rules,
penalties and procedures shall be posted | 20 | | and made available to the committed persons.
| 21 | | (b) Whenever a person is alleged to have violated a rule of | 22 | | behavior, a
written report of the infraction shall be filed | 23 | | with the warden within 72
hours of the occurrence of the | 24 | | infraction or the discovery of it, and such
report shall be | 25 | | placed in the file of the institution or facility. No
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| 1 | | disciplinary proceeding shall be commenced more than 8 days | 2 | | after the infraction or the
discovery of it, unless the | 3 | | committed person is unable or unavailable for
any reason to | 4 | | participate in the disciplinary proceeding.
| 5 | | (c) All or any of the good behavior allowance earned may be | 6 | | revoked by
the warden, unless he initiates the charge, and in | 7 | | that case by the
disciplinary board, for violations of rules of | 8 | | behavior at any time prior
to discharge from the institution, | 9 | | consistent with the provisions of this Act.
| 10 | | (d) In disciplinary cases that may involve the loss of good | 11 | | behavior
allowance or eligibility to earn good behavior | 12 | | allowance, the warden shall
establish disciplinary procedures | 13 | | consistent 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 | 4 | | behavior allowance specified in Section 3 of this Act of an | 5 | | inmate who is sentenced to the Illinois Department of | 6 | | Corrections for misconduct committed by the inmate while in | 7 | | custody of the warden. If an inmate while in custody of the | 8 | | warden is convicted of assault or battery on a peace officer, | 9 | | correctional employee, or another inmate, or for criminal | 10 | | damage to property or for bringing into or possessing | 11 | | contraband in the penal institution in violation of Section | 12 | | 31A-1.1 of the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012, his or her day for day good behavior allowance shall be | 14 | | revoked for each day such allowance was earned while the inmate | 15 | | was in custody of the warden. | 16 | | (Source: P.A. 96-495, eff. 1-1-10; 97-1150, eff. 1-25-13.)
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