(730 ILCS 130/1) (from Ch. 75, par. 30)
Sec. 1.
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) (from Ch. 75, par. 31)
Sec. 2. 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) (from Ch. 75, par. 32)
Sec. 3.
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
civil contempt.
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
comply with the conditions of pretrial release 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. 101-652, eff. 1-1-23.)
(730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
Sec. 3.1. (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:
(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.)
Structure Illinois Compiled Statutes
730 ILCS 5/ - Unified Code of Corrections.
730 ILCS 105/ - Open Parole Hearings Act.
730 ILCS 110/ - Probation and Probation Officers Act.
730 ILCS 115/ - Probation Community Service Act.
730 ILCS 120/ - Probation Challenge Program Act.
730 ILCS 125/ - County Jail Act.
730 ILCS 130/ - County Jail Good Behavior Allowance Act.
730 ILCS 135/ - Illinois Prison Inspection Act.
730 ILCS 140/ - Private Correctional Facility Moratorium Act.
730 ILCS 141/ - Private Detention Facility Moratorium Act.
730 ILCS 145/ - Illinois Substance Abuse Treatment Program.
730 ILCS 148/ - Arsonist Registration Act.
730 ILCS 150/ - Sex Offender Registration Act.
730 ILCS 152/ - Sex Offender Community Notification Law.
730 ILCS 154/ - Murderer and Violent Offender Against Youth Registration Act.
730 ILCS 155/ - Prisoner Interchange Act.
730 ILCS 166/ - Drug Court Treatment Act.
730 ILCS 167/ - Veterans and Servicemembers Court Treatment Act.
730 ILCS 168/ - Mental Health Court Treatment Act.
730 ILCS 170/ - Neighborhood Restoration and Alternative Sentencing Job Training Act.
730 ILCS 175/ - Secure Residential Youth Care Facility Licensing Act.
730 ILCS 180/ - Methamphetamine Manufacturer Registry Act.
730 ILCS 185/ - Emergency Services Response Reimbursement for Criminal Convictions Act.
730 ILCS 190/ - Illinois Crime Reduction Act of 2009.
730 ILCS 195/ - Department of Juvenile Justice Mortality Review Team Act.