Illinois General Assembly - Full Text of Public Act 096-0495
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Public Act 096-0495




Public Act 096-0495
HB3717 Enrolled LRB096 08694 RLC 22223 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 Section 3.1 as follows:
    (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 charge.
    (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 summoned.
    (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.
    (7) The warden, in appropriate cases, may restore good
behavior allowance that has been revoked, suspended or reduced.
    (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, 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
(Source: P.A. 84-1411.)

Effective Date: 1/1/2010