Full Text of HB4077 100th General Assembly
HB4077 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4077 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| 730 ILCS 130/3 | from Ch. 75, par. 32 |
|
Amends the County Jail Good Behavior Allowance Act. Provides that a person who commences a sentence of confinement in a county jail for a fixed term of imprisonment after January 1, 1987 or who is sentenced to a term of probation or conditional discharge on or after January 1, 2018 is eligible for an additional sentence credit if the person successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning or who participates in a custodial job training program provided by the county department of corrections or county jail. Provides that this county program credit shall be calculated at sentencing and shall be included in the sentencing order. Provides that no inmate shall be eligible for the additional sentence credit under this provision while assigned to a boot camp or electronic detention.
|
| |
| | A BILL FOR |
|
| | | HB4077 | | LRB100 13021 RLC 27289 b |
|
| 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 Section 3 as follows:
| 6 | | (730 ILCS 130/3) (from Ch. 75, par. 32)
| 7 | | Sec. 3. Good behavior allowance; calculation. | 8 | | (a) The good behavior of any person who commences a | 9 | | sentence of
confinement in a county jail for a fixed term of | 10 | | imprisonment after January 1,
1987 or who is sentenced to a | 11 | | term of probation or conditional discharge shall entitle such | 12 | | person to a good behavior allowance, except that: (1) a
person | 13 | | who inflicted physical harm upon another person in committing | 14 | | the
offense for which he is confined shall receive no good | 15 | | behavior allowance; and
(2) a person sentenced for an offense | 16 | | for which the law provides a mandatory
minimum sentence shall | 17 | | not receive any portion of a good behavior allowance
that would | 18 | | reduce the sentence below the mandatory minimum; and (3) a | 19 | | person
sentenced to a county impact incarceration program; and | 20 | | (4) a person who is
convicted of criminal sexual assault under | 21 | | subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | 22 | | Section 12-13
of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012, criminal sexual abuse, or aggravated criminal
sexual |
| | | HB4077 | - 2 - | LRB100 13021 RLC 27289 b |
|
| 1 | | abuse shall receive no good
behavior allowance. The good | 2 | | behavior
allowance provided for in this Section shall not apply | 3 | | to individuals sentenced
for a felony to probation or | 4 | | conditional discharge where a condition of such
probation or | 5 | | conditional discharge is that the individual serve a sentence | 6 | | of
periodic imprisonment or to individuals sentenced under an | 7 | | order of court for
civil contempt.
| 8 | | Such good behavior allowance shall be cumulative and | 9 | | awarded as
provided in this Section.
| 10 | | The good behavior allowance rate shall be cumulative and
| 11 | | awarded on the following basis:
| 12 | | The prisoner shall receive one day of good behavior | 13 | | allowance for each
day of service of sentence in the county | 14 | | jail, and one day of good behavior
allowance for each day of | 15 | | incarceration in the county jail before sentencing
for the | 16 | | offense that he or she is currently serving sentence but was | 17 | | unable to
post bail before sentencing, except that a prisoner | 18 | | serving a sentence of
periodic imprisonment under Section 5-7-1 | 19 | | of the Unified Code of Corrections
shall only be eligible to | 20 | | receive good behavior allowance if authorized by the
sentencing | 21 | | judge. Each day of good behavior allowance shall reduce by one | 22 | | day
the prisoner's period of incarceration set by the court. | 23 | | For the purpose of
calculating a prisoner's good behavior | 24 | | allowance, a fractional part of a day
shall not be calculated | 25 | | as a day of service of sentence in the county jail
unless the | 26 | | fractional part of the day is over 12 hours in which case a |
| | | HB4077 | - 3 - | LRB100 13021 RLC 27289 b |
|
| 1 | | whole
day shall be credited on the good behavior allowance.
| 2 | | If consecutive sentences are served and the time served | 3 | | amounts to a
total of one year or more, the good behavior | 4 | | allowance shall be calculated
on a continuous basis throughout | 5 | | the entire time served beginning on the
first date of sentence | 6 | | or incarceration, as the case may be.
| 7 | | (b) A person who commences a sentence of confinement in a | 8 | | county jail for a fixed term of imprisonment after January 1, | 9 | | 1987 or who is sentenced to a term of probation or conditional | 10 | | discharge on or after January 1, 2018 is eligible for an | 11 | | additional sentence credit as provided in paragraph (4) of | 12 | | subsection (a) of Section 3-6-3 of the Unified Code of | 13 | | Corrections if the person successfully completed a full-time, | 14 | | 60-day or longer substance abuse program, educational program, | 15 | | behavior modification program, life skills course, or re-entry | 16 | | planning or who participates in a custodial job training | 17 | | program provided by the county department of corrections or | 18 | | county jail. This county program credit shall be calculated at | 19 | | sentencing as provided in Section 5-4.5-100 of the Unified Code | 20 | | of Corrections and shall be included in the sentencing order; | 21 | | provided that no inmate shall be eligible for the additional | 22 | | sentence credit under this subsection (b) while assigned to a | 23 | | boot camp or electronic detention. | 24 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
|