State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ]


HB1784 Enrolled                                LRB9105509REmb

 1        AN ACT concerning good behavior allowances.

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

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

 6        (730 ILCS 130/3) (from Ch. 75, par. 32)
 7        Sec.  3.  The good behavior of any person who commences a
 8    sentence of confinement in a county jail for a fixed term  of
 9    imprisonment  after January 1, 1987 shall entitle such person
10    to a good behavior allowance, except that: (1) a  person  who
11    inflicted physical harm upon another person in committing the
12    offense  for  which  he  is  confined  shall  receive no good
13    behavior allowance; and (2) a person sentenced for an offense
14    for which the law provides a mandatory minimum sentence shall
15    not receive any portion of a  good  behavior  allowance  that
16    would  reduce  the  sentence below the mandatory minimum; and
17    (3) a person  sentenced  to  a  county  impact  incarceration
18    program  shall  receive no good behavior allowance; and (4) a
19    person convicted  of  criminal  sexual  assault  pursuant  to
20    paragraph  (3)  of  subsection  (a)  of  Section 12-13 of the
21    Criminal Code of 1961, aggravated criminal sexual  abuse,  or
22    criminal   sexual   abuse  shall  receive  no  good  behavior
23    allowance. The good behavior allowance provided for  in  this
24    Section shall not apply to individuals sentenced for a felony
25    to  probation  or  conditional discharge where a condition of
26    such  probation  or  conditional  discharge   is   that   the
27    individual  serve  a  sentence of periodic imprisonment or to
28    individuals sentenced under  an  order  of  court  for  civil
29    contempt.
30        Such  good  behavior  allowance  shall  be cumulative and
31    awarded as provided in this Section.
HB1784 Enrolled             -2-                LRB9105509REmb
 1        The good behavior allowance rate shall be cumulative  and
 2    awarded on the following basis:
 3        The  prisoner  shall  receive  one  day  of good behavior
 4    allowance for each day of service of sentence in  the  county
 5    jail,  and one day of good behavior allowance for each day of
 6    incarceration in the county jail before  sentencing  for  the
 7    offense  that he or she is currently serving sentence but was
 8    unable to post bail before sentencing, except that a prisoner
 9    serving a sentence of  periodic  imprisonment  under  Section
10    5-7-1  of  the  Unified  Code  of  Corrections  shall only be
11    eligible to receive good behavior allowance if authorized  by
12    the  sentencing  judge.  Each  day of good behavior allowance
13    shall  reduce  by   one  day   the   prisoner's   period   of
14    incarceration   set   by   the  court.  For  the  purpose  of
15    calculating  a  prisoner's   good   behavior   allowance,   a
16    fractional  part of a day shall not be calculated as a day of
17    service of sentence in the county jail unless the  fractional
18    part  of  the  day is over 12 hours in which case a whole day
19    shall be credited on the good behavior allowance.
20        If consecutive sentences are served and the  time  served
21    amounts  to  a  total  of one year or more, the good behavior
22    allowance  shall  be  calculated  on   a   continuous   basis
23    throughout the entire time served beginning on the first date
24    of sentence or incarceration, as the case may be.
25    (Source: P.A. 89-587, eff. 7-31-96.)

[ Top ]