State of Illinois
91st General Assembly
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Public Act 91-0117

SB485 Enrolled                                 LRB9105588RCpr

    AN ACT to amend the County Jail Good  Behavior  Allowance
Act by changing Section 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The County Jail Good Behavior  Allowance  Act
is amended by changing Section 3 as follows:

    (730 ILCS 130/3) (from Ch. 75, par. 32)
    Sec.  3.  The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term  of
imprisonment  after January 1, 1987 shall entitle such person
to a good behavior allowance, except that: (1) a  person  who
inflicted physical harm upon another person in committing the
offense  for  which  he  is  confined  shall  receive no good
behavior allowance; and (2) a person sentenced for an offense
for which the law provides a mandatory minimum sentence shall
not receive any portion of a  good  behavior  allowance  that
would  reduce  the  sentence below the mandatory minimum; and
(3) a person  sentenced  to  a  county  impact  incarceration
program; and (4) a person who is convicted of criminal sexual
assault  under  paragraph  (a)(3)  of  Section  12-13  of the
Criminal Code of 1961, criminal sexual abuse,  or  aggravated
criminal   sexual  abuse   shall  receive  no  good  behavior
allowance. The good behavior allowance provided for  in  this
Section shall not apply to individuals sentenced for a felony
to  probation  or  conditional discharge where a condition of
such  probation  or  conditional  discharge   is   that   the
individual  serve  a  sentence of periodic imprisonment or to
individuals sentenced under  an  order  of  court  for  civil
contempt.
    Such  good  behavior  allowance  shall  be cumulative and
awarded as provided in this Section.
    The good behavior allowance rate shall be cumulative  and
awarded on the following basis:
    The  prisoner  shall  receive  one  day  of good behavior
allowance for each day of service of sentence in  the  county
jail,  and one day of good behavior allowance for each day of
incarceration in the county jail before  sentencing  for  the
offense  that he or she is currently serving sentence but was
unable to post bail before sentencing, except that a prisoner
serving a sentence of  periodic  imprisonment  under  Section
5-7-1  of  the  Unified  Code  of  Corrections  shall only be
eligible to receive good behavior allowance if authorized  by
the  sentencing  judge.  Each  day of good behavior allowance
shall  reduce  by   one  day   the   prisoner's   period   of
incarceration   set   by   the  court.  For  the  purpose  of
calculating  a  prisoner's   good   behavior   allowance,   a
fractional  part of a day shall not be calculated as a day of
service of sentence in the county jail unless the  fractional
part  of  the  day is over 12 hours in which case a whole day
shall be credited on the good behavior allowance.
    If consecutive sentences are served and the  time  served
amounts  to  a  total  of one year or more, the good behavior
allowance  shall  be  calculated  on   a   continuous   basis
throughout the entire time served beginning on the first date
of sentence or incarceration, as the case may be.
(Source: P.A. 89-587, eff. 7-31-96.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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