Sen. Bill Cunningham
Filed: 4/5/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 416




2 AMENDMENT NO. ______. Amend Senate Bill 416 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1disciplinary action shall be consistent with the
provisions of 
2this Act. Committed persons shall be informed of rules of

3behavior and conduct, the penalties for violation thereof, and 
4the
disciplinary procedure by which such penalties may be 
5imposed. Any rules,
penalties and procedures shall be posted 
6and made available to the committed persons. 

7 (b) Whenever a person is alleged to have violated a rule of 
8behavior, a
written report of the infraction shall be filed 
9with the warden within 72
hours of the occurrence of the 
10infraction or the discovery of it, and such
report shall be 
11placed in the file of the institution or facility. No

12disciplinary proceeding shall be commenced more than 8 days 
13after the infraction or the
discovery of it, unless the 
14committed person is unable or unavailable for
any reason to 
15participate in the disciplinary proceeding.

16 (c) All or any of the good behavior allowance earned may be 
17revoked by
the warden, unless he initiates the charge, and in 
18that case by the
disciplinary board, for violations of rules of 
19behavior at any time prior
to discharge from the institution, 
20consistent with the provisions of this Act.

21 (d) In disciplinary cases that may involve the loss of good 
22behavior
allowance or eligibility to earn good behavior 
23allowance, the warden shall
establish disciplinary procedures 
24consistent with the following principles:

25  (1) The warden may establish one or more disciplinary 
26 boards, made up of
one or more persons, to hear and 
 
 
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1 determine charges. Any person
who initiates a disciplinary 
2 charge against a committed person shall not
serve on the 
3 disciplinary board that will determine the disposition of 
4 the
charge. In those cases in which the charge was 
5 initiated by the warden, he
shall establish a disciplinary 
6 board which will have the authority to
impose any 
7 appropriate discipline.

8  (2) Any committed person charged with a violation of 
9 rules of behavior
shall be given notice of the charge, 
10 including a statement of the
misconduct alleged and of the 
11 rules this conduct is alleged to violate, no
less than 24 
12 hours before the disciplinary hearing.

13  (3) Any committed person charged with a violation of 
14 rules is entitled
to a hearing on that charge, at which 
15 time he shall have an opportunity to
appear before and 
16 address the warden or disciplinary board deciding the 
17 charge.

18  (4) The person or persons determining the disposition 
19 of the charge may
also summon to testify any witnesses or 
20 other persons with relevant
knowledge of the incident. The 
21 person charged may be permitted to question
any person so 
22 summoned.

23  (5) If the charge is sustained, the person charged is 
24 entitled to a
written statement, within 14 days after the 
25 hearing, of the decision by the
warden or the disciplinary 
26 board which determined the disposition of the
charge, and 
 
 
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1 the statement shall include the basis for the decision and 
2 the
disciplinary action, if any, to be imposed.

3  (6) The warden may impose the discipline recommended by 
4 the disciplinary
board, or may reduce the discipline 
5 recommended; however, no committed
person may be penalized 
6 more than 30 days of good behavior allowance for
any one 
7 infraction unless the infraction is the second or 
8 subsequent infraction within any 30-day period in which 
9 case the committed person may not be penalized more than 60 
10 days of good behavior allowance.

11  (6.5) Notwithstanding any provision of this Act to the 
12 contrary, if the disciplinary board sustains charges of 
13 assault or battery on a peace officer or public indecency, 
14 the warden may revoke up to 90 days of accumulated 
15 pre-trial custody credit or good behavior allowance and up 
16 to 365 days may be revoked for any second or subsequent 
17 sustained charges of these offenses. 
18  (7) The warden, in appropriate cases, may restore good 
19 behavior
allowance that has been revoked, suspended or 
20 reduced.

21 (e) The warden, or his or her designee, may revoke the good 
22behavior allowance specified in Section 3 of this Act of an 
23inmate who is sentenced to the Illinois Department of 
24Corrections for misconduct committed by the inmate while in 
25custody of the warden. If an inmate while in custody of the 
26warden is convicted of assault or battery on a peace officer, 
 
 
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1correctional employee, or another inmate, or for criminal 
2damage to property or for bringing into or possessing 
3contraband in the penal institution in violation of Section 
431A-1.1 of the Criminal Code of 1961 or the Criminal Code of 
52012, his or her day for day good behavior allowance shall be 
6revoked for each day such allowance was earned while the inmate 
7was in custody of the warden. 
8(Source: P.A. 99-259, eff. 1-1-16.)".