Full Text of HB3717 96th General Assembly
HB3717eng 96TH GENERAL ASSEMBLY
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HB3717 Engrossed |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The County Jail Good Behavior Allowance Act is | 5 |
| amended by changing Section 3.1 as follows:
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| (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
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| 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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| 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 | 17 |
| disciplinary action shall be consistent with the
provisions of | 18 |
| this Act. Committed persons shall be informed of rules of
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| behavior and conduct, the penalties for violation thereof, and | 20 |
| the
disciplinary procedure by which such penalties may be | 21 |
| imposed. Any rules,
penalties and procedures shall be posted | 22 |
| and made available to the committed persons.
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| (b) Whenever a person is alleged to have violated a rule of |
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LRB096 08694 RLC 22223 b |
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| behavior, a
written report of the infraction shall be filed | 2 |
| with the warden within 72
hours of the occurrence of the | 3 |
| infraction or the discovery of it, and such
report shall be | 4 |
| placed in the file of the institution or facility. No
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| disciplinary proceeding shall be commenced more than 8 days | 6 |
| after the infraction or the
discovery of it, unless the | 7 |
| committed person is unable or unavailable for
any reason to | 8 |
| participate in the disciplinary proceeding.
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| (c) All or any of the good behavior allowance earned may be | 10 |
| revoked by
the warden, unless he initiates the charge, and in | 11 |
| that case by the
disciplinary board, for violations of rules of | 12 |
| behavior at any time prior
to discharge from the institution, | 13 |
| consistent with the provisions of this Act.
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| (d) In disciplinary cases that may involve the loss of good | 15 |
| behavior
allowance or eligibility to earn good behavior | 16 |
| allowance, the warden shall
establish disciplinary procedures | 17 |
| consistent with the following principles:
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| (1) The warden may establish one or more disciplinary | 19 |
| boards, made up of
one or more persons, to hear and determine | 20 |
| charges. Any person
who initiates a disciplinary charge against | 21 |
| a committed person shall not
serve on the disciplinary board | 22 |
| that will determine the disposition of the
charge. In those | 23 |
| cases in which the charge was initiated by the warden, he
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| establish a disciplinary board which will have the authority to
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| impose any appropriate discipline.
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| (2) Any committed person charged with a violation of rules |
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| of behavior
shall be given notice of the charge, including a | 2 |
| statement of the
misconduct alleged and of the rules this | 3 |
| conduct is alleged to violate, no
less than 24 hours before the | 4 |
| disciplinary hearing.
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| (3) Any committed person charged with a violation of rules | 6 |
| is entitled
to a hearing on that charge, at which time he shall | 7 |
| have an opportunity to
appear before and address the warden or | 8 |
| disciplinary board deciding the charge.
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| (4) The person or persons determining the disposition of | 10 |
| the charge may
also summon to testify any witnesses or other | 11 |
| persons with relevant
knowledge of the incident. The person | 12 |
| charged may be permitted to question
any person so summoned.
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| (5) If the charge is sustained, the person charged is | 14 |
| entitled to a
written statement, within 14 days after the | 15 |
| hearing, of the decision by the
warden or the disciplinary | 16 |
| board which determined the disposition of the
charge, and the | 17 |
| statement shall include the basis for the decision and the
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| disciplinary action, if any, to be imposed.
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| (6) The warden may impose the discipline recommended by the | 20 |
| disciplinary
board, or may reduce the discipline recommended; | 21 |
| however, no committed
person may be penalized more than 30 days | 22 |
| of good behavior allowance for
any one infraction.
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| (7) The warden, in appropriate cases, may restore good | 24 |
| behavior
allowance that has been revoked, suspended or reduced.
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| (e) The Cook County Sheriff or his or her designee may | 26 |
| revoke the good behavior allowance specified in Section 3 of |
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| this Act of an inmate who is sentenced to the Illinois | 2 |
| Department of Corrections for misconduct committed by the | 3 |
| inmate while in custody of the Cook County Sheriff. If an | 4 |
| inmate while in custody of the Cook County Sheriff is convicted | 5 |
| of assault or battery on a peace officer, correctional | 6 |
| employee, or another inmate, or for criminal damage to property | 7 |
| or for bringing into or possessing contraband in the penal | 8 |
| institution in violation of Section 31A-1.1 of the Criminal | 9 |
| Code of 1961, his or her day for day good behavior allowance | 10 |
| shall be revoked for each day such allowance was earned while | 11 |
| the inmate was in custody of the Cook County Sheriff. | 12 |
| (Source: P.A. 84-1411.)
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