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 
 
 
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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.

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