Illinois General Assembly - Full Text of SB0416
Illinois General Assembly

Previous General Assemblies

Full Text of SB0416  101st General Assembly



SB0416 EngrossedLRB101 04189 SLF 49197 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The County Jail Good Behavior Allowance Act is
5amended by changing Sections 2 and 3.1 as follows:
6    (730 ILCS 130/3.1)  (from Ch. 75, par. 32.1)
7    Sec. 3.1. (a) Within 3 months after the effective date of
8this amendatory Act of 1986, the wardens who supervise
9institutions under this Act shall meet and agree upon uniform
10rules and regulations for behavior and conduct, penalties, and
11the awarding, denying and revocation of good behavior
12allowance, in such institutions; and such rules and regulations
13shall be immediately promulgated and consistent with the
14provisions of this Act. Interim rules shall be provided by each
15warden consistent with the provision of this Act and shall be
16effective until the promulgation of uniform rules. All
17disciplinary action shall be consistent with the provisions of
18this Act. Committed persons shall be informed of rules of
19behavior and conduct, the penalties for violation thereof, and
20the disciplinary procedure by which such penalties may be
21imposed. Any rules, penalties and procedures shall be posted
22and made available to the committed persons.
23    (b) Whenever a person is alleged to have violated a rule of



SB0416 Engrossed- 2 -LRB101 04189 SLF 49197 b

1behavior, a written report of the infraction shall be filed
2with the warden within 72 hours of the occurrence of the
3infraction or the discovery of it, and such report shall be
4placed in the file of the institution or facility. No
5disciplinary proceeding shall be commenced more than 8 days
6after the infraction or the discovery of it, unless the
7committed person is unable or unavailable for any reason to
8participate in the disciplinary proceeding.
9    (c) All or any of the good behavior allowance earned may be
10revoked by the warden, unless he initiates the charge, and in
11that case by the disciplinary board, for violations of rules of
12behavior at any time prior to discharge from the institution,
13consistent with the provisions of this Act.
14    (d) In disciplinary cases that may involve the loss of good
15behavior allowance or eligibility to earn good behavior
16allowance, the warden shall establish disciplinary procedures
17consistent with the following principles:
18        (1) The warden may establish one or more disciplinary
19    boards, made up of one or more persons, to hear and
20    determine charges. Any person who initiates a disciplinary
21    charge against a committed person shall not serve on the
22    disciplinary board that will determine the disposition of
23    the charge. In those cases in which the charge was
24    initiated by the warden, he shall establish a disciplinary
25    board which will have the authority to impose any
26    appropriate discipline.



SB0416 Engrossed- 3 -LRB101 04189 SLF 49197 b

1        (2) Any committed person charged with a violation of
2    rules of behavior shall be given notice of the charge,
3    including a statement of the misconduct alleged and of the
4    rules this conduct is alleged to violate, no less than 24
5    hours before the disciplinary hearing.
6        (3) Any committed person charged with a violation of
7    rules is entitled to a hearing on that charge, at which
8    time he shall have an opportunity to appear before and
9    address the warden or disciplinary board deciding the
10    charge.
11        (4) The person or persons determining the disposition
12    of the charge may also summon to testify any witnesses or
13    other persons with relevant knowledge of the incident. The
14    person charged may be permitted to question any person so
15    summoned.
16        (5) If the charge is sustained, the person charged is
17    entitled to a written statement, within 14 days after the
18    hearing, of the decision by the warden or the disciplinary
19    board which determined the disposition of the charge, and
20    the statement shall include the basis for the decision and
21    the disciplinary action, if any, to be imposed.
22        (6) The warden may impose the discipline recommended by
23    the disciplinary board, or may reduce the discipline
24    recommended; however, no committed person may be penalized
25    more than 30 days of good behavior allowance for any one
26    infraction unless the infraction is the second or



SB0416 Engrossed- 4 -LRB101 04189 SLF 49197 b

1    subsequent infraction within any 30-day period in which
2    case the committed person may not be penalized more than 60
3    days of good behavior allowance.
4        (6.5) Notwithstanding any provision of this Act to the
5    contrary, if the disciplinary board sustains charges of
6    assault or battery on a peace officer or public indecency,
7    the warden may revoke up to 90 days of accumulated
8    pre-trial custody credit or good behavior allowance and up
9    to 365 days may be revoked for any second or subsequent
10    sustained charges of these offenses.
11        (7) The warden, in appropriate cases, may restore good
12    behavior allowance that has been revoked, suspended or
13    reduced.
14    (e) The warden, or his or her designee, may revoke the good
15behavior allowance specified in Section 3 of this Act of an
16inmate who is sentenced to the Illinois Department of
17Corrections for misconduct committed by the inmate while in
18custody of the warden. If an inmate while in custody of the
19warden is convicted of assault or battery on a peace officer,
20correctional employee, or another inmate, or for criminal
21damage to property or for bringing into or possessing
22contraband in the penal institution in violation of Section
2331A-1.1 of the Criminal Code of 1961 or the Criminal Code of
242012, his or her day for day good behavior allowance shall be
25revoked for each day such allowance was earned while the inmate
26was in custody of the warden.



SB0416 Engrossed- 5 -LRB101 04189 SLF 49197 b

1(Source: P.A. 99-259, eff. 1-1-16.)