Sen. Bill Cunningham
Filed: 4/5/2019
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1 | AMENDMENT TO SENATE BILL 416
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2 | AMENDMENT NO. ______. Amend Senate Bill 416 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The County Jail Good Behavior Allowance Act is | ||||||
5 | amended by changing Sections 2 and 3.1 as follows:
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6 | (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
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7 | Sec. 3.1. (a) Within 3 months after the effective date of | ||||||
8 | this
amendatory Act of 1986, the wardens who supervise | ||||||
9 | institutions under this
Act shall meet and agree upon uniform | ||||||
10 | rules and regulations for behavior
and conduct, penalties, and | ||||||
11 | the awarding, denying and revocation of good
behavior | ||||||
12 | allowance, in such institutions; and such rules and regulations
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13 | shall be immediately promulgated and consistent with the | ||||||
14 | provisions of this
Act. Interim rules shall be provided by each | ||||||
15 | warden consistent with the
provision of this Act and shall be | ||||||
16 | effective until the promulgation of
uniform rules. All |
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1 | disciplinary action shall be consistent with the
provisions of | ||||||
2 | this Act. Committed persons shall be informed of rules of
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3 | behavior and conduct, the penalties for violation thereof, and | ||||||
4 | the
disciplinary procedure by which such penalties may be | ||||||
5 | imposed. Any rules,
penalties and procedures shall be posted | ||||||
6 | and made available to the committed persons.
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7 | (b) Whenever a person is alleged to have violated a rule of | ||||||
8 | behavior, a
written report of the infraction shall be filed | ||||||
9 | with the warden within 72
hours of the occurrence of the | ||||||
10 | infraction or the discovery of it, and such
report shall be | ||||||
11 | placed in the file of the institution or facility. No
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12 | disciplinary proceeding shall be commenced more than 8 days | ||||||
13 | after the infraction or the
discovery of it, unless the | ||||||
14 | committed person is unable or unavailable for
any reason to | ||||||
15 | participate in the disciplinary proceeding.
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16 | (c) All or any of the good behavior allowance earned may be | ||||||
17 | revoked by
the warden, unless he initiates the charge, and in | ||||||
18 | that case by the
disciplinary board, for violations of rules of | ||||||
19 | behavior at any time prior
to discharge from the institution, | ||||||
20 | consistent with the provisions of this Act.
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21 | (d) In disciplinary cases that may involve the loss of good | ||||||
22 | behavior
allowance or eligibility to earn good behavior | ||||||
23 | allowance, the warden shall
establish disciplinary procedures | ||||||
24 | consistent with the following principles:
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25 | (1) The warden may establish one or more disciplinary | ||||||
26 | boards, made up of
one or more persons, to hear and |
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1 | determine charges. Any person
who initiates a disciplinary | ||||||
2 | charge against a committed person shall not
serve on the | ||||||
3 | disciplinary board that will determine the disposition of | ||||||
4 | the
charge. In those cases in which the charge was | ||||||
5 | initiated by the warden, he
shall establish a disciplinary | ||||||
6 | board which will have the authority to
impose any | ||||||
7 | appropriate discipline.
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8 | (2) Any committed person charged with a violation of | ||||||
9 | rules of behavior
shall be given notice of the charge, | ||||||
10 | including a statement of the
misconduct alleged and of the | ||||||
11 | rules this conduct is alleged to violate, no
less than 24 | ||||||
12 | hours before the disciplinary hearing.
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13 | (3) Any committed person charged with a violation of | ||||||
14 | rules is entitled
to a hearing on that charge, at which | ||||||
15 | time he shall have an opportunity to
appear before and | ||||||
16 | address the warden or disciplinary board deciding the | ||||||
17 | charge.
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18 | (4) The person or persons determining the disposition | ||||||
19 | of the charge may
also summon to testify any witnesses or | ||||||
20 | other persons with relevant
knowledge of the incident. The | ||||||
21 | person charged may be permitted to question
any person so | ||||||
22 | summoned.
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23 | (5) If the charge is sustained, the person charged is | ||||||
24 | entitled to a
written statement, within 14 days after the | ||||||
25 | hearing, of the decision by the
warden or the disciplinary | ||||||
26 | board which determined the disposition of the
charge, and |
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1 | the statement shall include the basis for the decision and | ||||||
2 | the
disciplinary action, if any, to be imposed.
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3 | (6) The warden may impose the discipline recommended by | ||||||
4 | the disciplinary
board, or may reduce the discipline | ||||||
5 | recommended; however, no committed
person may be penalized | ||||||
6 | more than 30 days of good behavior allowance for
any one | ||||||
7 | infraction unless the infraction is the second or | ||||||
8 | subsequent infraction within any 30-day period in which | ||||||
9 | case the committed person may not be penalized more than 60 | ||||||
10 | days of good behavior allowance.
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11 | (6.5) Notwithstanding any provision of this Act to the | ||||||
12 | contrary, if the disciplinary board sustains charges of | ||||||
13 | assault or battery on a peace officer or public indecency, | ||||||
14 | the warden may revoke up to 90 days of accumulated | ||||||
15 | pre-trial custody credit or good behavior allowance and up | ||||||
16 | to 365 days may be revoked for any second or subsequent | ||||||
17 | sustained charges of these offenses. | ||||||
18 | (7) The warden, in appropriate cases, may restore good | ||||||
19 | behavior
allowance that has been revoked, suspended or | ||||||
20 | reduced.
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21 | (e) The warden, or his or her designee, may revoke the good | ||||||
22 | behavior allowance specified in Section 3 of this Act of an | ||||||
23 | inmate who is sentenced to the Illinois Department of | ||||||
24 | Corrections for misconduct committed by the inmate while in | ||||||
25 | custody of the warden. If an inmate while in custody of the | ||||||
26 | warden is convicted of assault or battery on a peace officer, |
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1 | correctional employee, or another inmate, or for criminal | ||||||
2 | damage to property or for bringing into or possessing | ||||||
3 | contraband in the penal institution in violation of Section | ||||||
4 | 31A-1.1 of the Criminal Code of 1961 or the Criminal Code of | ||||||
5 | 2012, his or her day for day good behavior allowance shall be | ||||||
6 | revoked for each day such allowance was earned while the inmate | ||||||
7 | was in custody of the warden. | ||||||
8 | (Source: P.A. 99-259, eff. 1-1-16 .)".
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