Public Act 099-0259
HB3785 EnrolledLRB099 09553 RLC 29762 b

    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
(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
        (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
        (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
    (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.)