Illinois Compiled Statutes
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CORRECTIONS730 ILCS 130/1
(730 ILCS 130/) County Jail Good Behavior Allowance Act.
(730 ILCS 130/1)
(from Ch. 75, par. 30)
This Act shall be known and may be cited as the "County Jail
Good Behavior Allowance Act".
(Source: P.A. 83-1073.)
730 ILCS 130/2
(730 ILCS 130/2)
(from Ch. 75, par. 31)
For the purposes of this Act:
"Committed person" means a person confined in a county jail whether serving a term of imprisonment or confined pending trial or sentencing.
"Good behavior" means the compliance by a person with all rules and
regulations of the institution and all laws of the State while confined
in a county jail whether serving a sentence of imprisonment or confined in the county jail pending trial or sentencing.
"Good behavior allowance" means the number of days awarded in diminution
of sentence as a reward for good behavior.
"Date of sentence" means and includes the date of the calendar month on
which the person commences to serve the sentence. If the sentence commences
at midnight, date of sentence shall be the date of the day occurring one
minute after midnight.
"Warden" means any sheriff or other police official charged with the
duty of supervising and maintaining the confinement of prisoners.
(Source: P.A. 99-259, eff. 1-1-16
730 ILCS 130/3
(730 ILCS 130/3)
(from Ch. 75, par. 32)
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 subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of Section 12-13
of the Criminal Code of 1961 or the Criminal Code of 2012, 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
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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
730 ILCS 130/3.1
(730 ILCS 130/3.1)
(from Ch. 75, par. 32.1)
(a) Within 3 months after the effective date of this
amendatory Act of 1986, the wardens who supervise institutions under this
Act shall meet and agree upon uniform rules and regulations for behavior
and conduct, penalties, and the awarding, denying and revocation of good
behavior allowance, in such institutions; and such rules and regulations
shall be immediately promulgated and consistent with the provisions of this
Act. Interim rules shall be provided by each warden consistent with the
provision of this Act and shall be effective until the promulgation of
uniform rules. All disciplinary action shall be consistent with the
provisions of this Act. Committed persons shall be informed of rules of
behavior and conduct, the penalties for violation thereof, and the
disciplinary procedure by which such penalties may be imposed. Any rules,
penalties and procedures shall be posted and made available to the committed persons.
(b) Whenever a person is alleged to have violated a rule of behavior, a
written report of the infraction shall be filed with the warden within 72
hours of the occurrence of the infraction or the discovery of it, and such
report shall be placed in the file of the institution or facility. No
disciplinary proceeding shall be commenced more than 8 days after the infraction or the
discovery of it, unless the committed person is unable or unavailable for
any reason to participate in the disciplinary proceeding.
(c) All or any of the good behavior allowance earned may be revoked by
the warden, unless he initiates the charge, and in that case by the
disciplinary board, for violations of rules of behavior at any time prior
to discharge from the institution, consistent with the provisions of this Act.
(d) In disciplinary cases that may involve the loss of good behavior
allowance or eligibility to earn good behavior allowance, the warden shall
establish disciplinary procedures consistent with the following principles:
(1) The warden may establish one or more disciplinary
boards, made up of one or more persons, to hear and determine charges. Any person who initiates a disciplinary charge against a committed person shall not serve on the disciplinary board that will determine the disposition of the charge. In those cases in which the charge was initiated by the warden, he shall establish a disciplinary board which will have the authority to impose any appropriate discipline.
(2) Any committed person charged with a violation of
rules of behavior shall be given notice of the charge, including a statement of the misconduct alleged and of the rules this conduct is alleged to violate, no less than 24 hours before the disciplinary hearing.
(3) Any committed person charged with a violation of
rules is entitled to a hearing on that charge, at which time he shall have an opportunity to appear before and address the warden or disciplinary board deciding the charge.
(4) The person or persons determining the disposition
of the charge may also summon to testify any witnesses or other persons with relevant knowledge of the incident. The person charged may be permitted to question any person so summoned.
(5) If the charge is sustained, the person charged is
entitled to a written statement, within 14 days after the hearing, of the decision by the warden or the disciplinary board which determined the disposition of the charge, and the statement shall include the basis for the decision and the disciplinary action, if any, to be imposed.
(6) The warden may impose the discipline recommended
by the disciplinary board, or may reduce the discipline recommended; however, no committed person may be penalized more than 30 days of good behavior allowance for any one infraction unless the infraction is the second or subsequent infraction within any 30-day period in which case the committed person may not be penalized more than 60 days of good behavior allowance.
(7) The warden, in appropriate cases, may restore
good behavior allowance that has been revoked, suspended or reduced.
(e) The warden, or his or her designee, may revoke the good behavior allowance specified in Section 3 of this Act of an inmate who is sentenced to the Illinois Department of Corrections for misconduct committed by the inmate while in custody of the warden. If an inmate while in custody of the warden is convicted of assault or battery on a peace officer, correctional employee, or another inmate, or for criminal damage to property or for bringing into or possessing contraband in the penal institution in violation of Section 31A-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, his or her day for day good behavior allowance shall be revoked for each day such allowance was earned while the inmate was in custody of the warden.
(Source: P.A. 99-259, eff. 1-1-16