Full Text of SB1747 99th General Assembly
SB1747 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1747 Introduced 2/20/2015, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 730 ILCS 130/3.1 | from Ch. 75, par. 32.1 |
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Amends the County Jail Good Behavior Allowance Act. Provides that if a lawsuit is filed by a person confined in a county jail, whether serving a term of imprisonment or confined pending trial or sentencing, against the sheriff or county, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the warden may revoke up to 180 days of good behavior allowance under the Act. Provides that if the person has not accumulated 180 days of good behavior allowance at the time of the finding, then the warden may revoke all of the good behavior allowance accumulated by the prisoner. Defines "frivolous" and "lawsuit".
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 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 is | 5 | | amended by changing Section 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 | 8 | | this
amendatory Act of 1986, the wardens who supervise | 9 | | institutions under this
Act shall meet and agree upon uniform | 10 | | rules and regulations for behavior
and conduct, penalties, and | 11 | | the awarding, denying and revocation of good
behavior | 12 | | allowance, in such institutions; and such rules and regulations
| 13 | | shall be immediately promulgated and consistent with the | 14 | | provisions of this
Act. Interim rules shall be provided by each | 15 | | warden consistent with the
provision of this Act and shall be | 16 | | effective until the promulgation of
uniform rules. All | 17 | | disciplinary action shall be consistent with the
provisions of | 18 | | this Act. Committed persons shall be informed of rules of
| 19 | | behavior and conduct, the penalties for violation thereof, and | 20 | | the
disciplinary procedure by which such penalties may be | 21 | | imposed. Any rules,
penalties and procedures shall be posted | 22 | | and made available to the committed persons.
| 23 | | (b) Whenever a person is alleged to have violated a rule of |
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| 1 | | behavior, a
written report of the infraction shall be filed | 2 | | with the warden within 72
hours of the occurrence of the | 3 | | infraction or the discovery of it, and such
report shall be | 4 | | placed in the file of the institution or facility. No
| 5 | | disciplinary proceeding shall be commenced more than 8 days | 6 | | after the infraction or the
discovery of it, unless the | 7 | | committed person is unable or unavailable for
any reason to | 8 | | participate in the disciplinary proceeding.
| 9 | | (c) All or any of the good behavior allowance earned may be | 10 | | revoked by
the warden, unless he initiates the charge, and in | 11 | | that case by the
disciplinary board, for violations of rules of | 12 | | behavior at any time prior
to discharge from the institution, | 13 | | consistent with the provisions of this Act.
| 14 | | (d) In disciplinary cases that may involve the loss of good | 15 | | behavior
allowance or eligibility to earn good behavior | 16 | | allowance, the warden shall
establish disciplinary procedures | 17 | | consistent 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.
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| 1 | | (7) The warden, in appropriate cases, may restore good | 2 | | behavior
allowance that has been revoked, suspended or | 3 | | reduced.
| 4 | | (e) The warden, or his or her designee, may revoke the good | 5 | | behavior allowance specified in Section 3 of this Act of an | 6 | | inmate who is sentenced to the Illinois Department of | 7 | | Corrections for misconduct committed by the inmate while in | 8 | | custody of the warden. If an inmate while in custody of the | 9 | | warden is convicted of assault or battery on a peace officer, | 10 | | correctional employee, or another inmate, or for criminal | 11 | | damage to property or for bringing into or possessing | 12 | | contraband in the penal institution in violation of Section | 13 | | 31A-1.1 of the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012, his or her day for day good behavior allowance shall be | 15 | | revoked for each day such allowance was earned while the inmate | 16 | | was in custody of the warden. | 17 | | (f) If a lawsuit is filed by a person confined in a county | 18 | | jail, whether serving a term of imprisonment or confined | 19 | | pending trial or sentencing, against the sheriff or county, or | 20 | | against any of their officers or employees, and the court makes | 21 | | a specific finding that a pleading, motion, or other paper | 22 | | filed by the prisoner is frivolous, the warden may revoke up to | 23 | | 180 days of good behavior allowance under this Act. If the | 24 | | person has not accumulated 180 days of good behavior allowance | 25 | | at the time of the finding, then the warden may revoke all of | 26 | | the good behavior allowance accumulated by the prisoner.
For |
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| 1 | | purposes of this subsection (f): | 2 | | "Frivolous" means that a pleading, motion, or
other filing | 3 | | which purports to be a legal document filed by a confined | 4 | | person in his or her lawsuit meets any or all of the following | 5 | | criteria: | 6 | | (A) it lacks an arguable basis either in law or
in | 7 | | fact; | 8 | | (B) it is being presented for any improper
purpose, | 9 | | such as to harass or to cause unnecessary delay or needless | 10 | | increase in the cost of litigation; | 11 | | (C) the claims, defenses, and other legal
contentions | 12 | | in it are not warranted by existing law or by a | 13 | | nonfrivolous argument for the extension, modification, or | 14 | | reversal of existing law or the establishment of new law; | 15 | | (D) the allegations and other factual contentions
do | 16 | | not have evidentiary support or, if specifically so | 17 | | identified, are not likely to have evidentiary support | 18 | | after a reasonable opportunity for further investigation | 19 | | or discovery; or | 20 | | (E) the denials of factual contentions are not
| 21 | | warranted on the evidence, or if specifically so | 22 | | identified, are not reasonably based on a lack of | 23 | | information or belief. | 24 | | "Lawsuit" means a motion under Section
116-3 of the Code of | 25 | | Criminal Procedure of 1963, a habeas corpus action under | 26 | | Article X of the Code of Civil Procedure or under federal law |
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| 1 | | (28 U.S.C. 2254), an action under the federal Civil Rights Act | 2 | | (42 U.S.C. 1983), a second or subsequent petition for | 3 | | post-conviction relief under Article 122 of the Code of | 4 | | Criminal Procedure of 1963 whether filed with or without leave | 5 | | of court, or a second or subsequent petition for relief from | 6 | | judgment under Section 2-1401 of the Code of Civil Procedure. | 7 | | (Source: P.A. 96-495, eff. 1-1-10; 97-1150, eff. 1-25-13.)
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