Illinois General Assembly - Full Text of SB0416
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Full Text of SB0416  101st General Assembly


Sen. Bill Cunningham

Filed: 4/5/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 416 by replacing
3everything after the enacting clause with the following:
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



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1disciplinary action shall be consistent with the provisions of
2this Act. Committed persons shall be informed of rules of
3behavior and conduct, the penalties for violation thereof, and
4the disciplinary procedure by which such penalties may be
5imposed. Any rules, penalties and procedures shall be posted
6and made available to the committed persons.
7    (b) Whenever a person is alleged to have violated a rule of
8behavior, a written report of the infraction shall be filed
9with the warden within 72 hours of the occurrence of the
10infraction or the discovery of it, and such report shall be
11placed in the file of the institution or facility. No
12disciplinary proceeding shall be commenced more than 8 days
13after the infraction or the discovery of it, unless the
14committed person is unable or unavailable for any reason to
15participate in the disciplinary proceeding.
16    (c) All or any of the good behavior allowance earned may be
17revoked by the warden, unless he initiates the charge, and in
18that case by the disciplinary board, for violations of rules of
19behavior at any time prior to discharge from the institution,
20consistent with the provisions of this Act.
21    (d) In disciplinary cases that may involve the loss of good
22behavior allowance or eligibility to earn good behavior
23allowance, the warden shall establish disciplinary procedures
24consistent with the following principles:
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.
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.
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.
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.
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.
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.
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.
21    (e) The warden, or his or her designee, may revoke the good
22behavior allowance specified in Section 3 of this Act of an
23inmate who is sentenced to the Illinois Department of
24Corrections for misconduct committed by the inmate while in
25custody of the warden. If an inmate while in custody of the
26warden is convicted of assault or battery on a peace officer,



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1correctional employee, or another inmate, or for criminal
2damage to property or for bringing into or possessing
3contraband in the penal institution in violation of Section
431A-1.1 of the Criminal Code of 1961 or the Criminal Code of
52012, his or her day for day good behavior allowance shall be
6revoked for each day such allowance was earned while the inmate
7was in custody of the warden.
8(Source: P.A. 99-259, eff. 1-1-16.)".