Bill Text: IL HB3717 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the County Jail Good Behavior Allowance Act. Provides that the Cook County Sheriff or his or her designee may revoke the good behavior allowance of an inmate who is sentenced to the Illinois Department of Corrections for misconduct committed by the inmate while in custody of the Cook County Sheriff. Provides that if an inmate while in custody of the Cook County Sheriff is convicted of assault or battery on a peace officer, correctional employee, or another inmate, or for bringing into or possessing contraband in the penal institution, or for criminal damage to property, 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 Cook County Sheriff.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0495 [HB3717 Detail]
Download: Illinois-2009-HB3717-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The County Jail Good Behavior Allowance Act is | ||||||
5 | amended by changing Section 3.1 as follows:
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6 | (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
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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
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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
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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.
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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
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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.
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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.
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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:
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18 | (1) The warden may establish one or more disciplinary | ||||||
19 | boards, made up of
one or more persons, to hear and determine | ||||||
20 | charges. Any person
who initiates a disciplinary charge against | ||||||
21 | a committed person shall not
serve on the disciplinary board | ||||||
22 | that will determine the disposition of the
charge. In those | ||||||
23 | cases in which the charge was initiated by the warden, he
shall | ||||||
24 | establish a disciplinary board which will have the authority to
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25 | impose any appropriate discipline.
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26 | (2) Any committed person charged with a violation of rules |
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1 | of behavior
shall be given notice of the charge, including a | ||||||
2 | statement of the
misconduct alleged and of the rules this | ||||||
3 | conduct is alleged to violate, no
less than 24 hours before the | ||||||
4 | disciplinary hearing.
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5 | (3) Any committed person charged with a violation of rules | ||||||
6 | is entitled
to a hearing on that charge, at which time he shall | ||||||
7 | have an opportunity to
appear before and address the warden or | ||||||
8 | disciplinary board deciding the charge.
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9 | (4) The person or persons determining the disposition of | ||||||
10 | the charge may
also summon to testify any witnesses or other | ||||||
11 | persons with relevant
knowledge of the incident. The person | ||||||
12 | charged may be permitted to question
any person so summoned.
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13 | (5) If the charge is sustained, the person charged is | ||||||
14 | entitled to a
written statement, within 14 days after the | ||||||
15 | hearing, of the decision by the
warden or the disciplinary | ||||||
16 | board which determined the disposition of the
charge, and the | ||||||
17 | statement shall include the basis for the decision and the
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18 | disciplinary action, if any, to be imposed.
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19 | (6) The warden may impose the discipline recommended by the | ||||||
20 | disciplinary
board, or may reduce the discipline recommended; | ||||||
21 | however, no committed
person may be penalized more than 30 days | ||||||
22 | of good behavior allowance for
any one infraction.
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23 | (7) The warden, in appropriate cases, may restore good | ||||||
24 | behavior
allowance that has been revoked, suspended or reduced.
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25 | (e) The warden, or his or her designee, may revoke the good | ||||||
26 | behavior allowance specified in Section 3 of this Act of an |
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1 | inmate who is sentenced to the Illinois Department of | ||||||
2 | Corrections for misconduct committed by the inmate while in | ||||||
3 | custody of the warden. If an inmate while in custody of the | ||||||
4 | warden is convicted of assault or battery on a peace officer, | ||||||
5 | correctional employee, or another inmate, or for criminal | ||||||
6 | damage to property or for bringing into or possessing | ||||||
7 | contraband in the penal institution in violation of Section | ||||||
8 | 31A-1.1 of the Criminal Code of 1961, his or her day for day | ||||||
9 | good behavior allowance shall be revoked for each day such | ||||||
10 | allowance was earned while the inmate was in custody of the | ||||||
11 | warden. | ||||||
12 | (Source: P.A. 84-1411.)
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