Illinois Compiled Statutes
730 ILCS 130/3 (2026)
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
✓ current as of May 2026
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(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.)
Notes of Decisions
Cited in 40
cases (18 in the last 5 years), 1996–2026 · leading case: People v. Lindsey, 771 N.E.2d 399 (Ill. 2002).
People v. Lindsey, 771 N.E.2d 399 (Ill. 2002). “) 730 ILCS 130/3 (West 2000). Further, the Act provides that the good-behavior allowance "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…”
People Ex Rel. Birkett v. Jorgensen, 837 N.E.2d 69 (Ill. 2005). “The question before us is whether a statutory requirement that a defendant “must serve a minimum term of imprisonment of 180 days” (see 625 ILCS 5/6 — 303(d—3) (West 2002)) is a “mandatory minimum sentence” for purposes of eligibility for a good-behavior allowance under the…”
People v. Smith, 2013 IL App (3d) 110477 (Ill. App. Ct. 2013). “11 ¶ 28 Justice Carter agrees with the above holding regarding defendant's sentence; however, he believes that this issue "must be resolved in light of the County Jail Good Behavior Allowance Act" (Behavior Allowance Act) (730 ILCS 130/3 (West 2010)). Infra, ¶33. Initially, we…”
People v. Seymore, 2025 IL App (2d) 240616 (Ill. App. Ct. 2025). “Defendant appeals under Rule 604(h), arguing that he was entitled to 15 days of credit pursuant to section 3 of the County Jail Good Behavior Allowance Act (Behavior Allowance Act) (730 ILCS 130/3 (West 2022)). For the following reasons, we reverse and vacate the court’s…”
People v. Kolzow, 746 N.E.2d 27 (Ill. App. Ct. 2001). “After serving four months of her six-month sentence defendant sought early release from jail based on her good behavior pursuant to section 3 of the County Jail Good Behavior Allowance Act (Allowance Act) (730 ILCS 130/3 (West 1998)). Cook County jail officials denied…”
Kaeding v. Collins, 668 N.E.2d 572 (Ill. App. Ct. 1996). “DAY-FOR-DAY Pursuant to section 3 of the County Jail Good Behavior Allowance Act (the Act) (730 ILCS 130/3 (West 1992)), persons sentenced to county jail, except for one who: (1) inflicted physical harm upon another in committing the offense for which he is confined; (2) is…”
People v. Baltzer, 762 N.E.2d 1174 (Ill. App. Ct. 2002). “Lastly, defendant argues, and we agree, that he is entitled to the good-behavior allowance provided in section 3 of the County Jail Good Behavior Allowance Act (Act) (730 ILCS 130/3 (West 1998)). The Act provides in pertinent part: “The good behavior of any person who commences…”
People v. Carron, 699 N.E.2d 241 (Ill. App. Ct. 1998). “” See 730 ILCS 130/3 (West 1996). On appeal, defendant contends as follows: (1) the trial court erred in admitting victim-impact statements at the sentencing hearing, (2) the trial court erred in failing to specify on the record the particular evidence, information, factors in…”
People v. Kolzow, 772 N.E.2d 903 (Ill. App. Ct. 2002). “Defendant subsequently served four months of her six-month jail term and then filed a motion seeking early release based on her good behavior pursuant to section 3 of the County Jail Good Behavior Allowance Act (730 ILCS 130/3 (West 1998)). The trial court denied her motion, but…”
People v. Johnson, 2021 IL App (5th) 190515 (Ill. App. Ct. 2021). “In his motion, the defendant contended that, pursuant to section 3 of the County Jail Good Behavior Allowance Act (730 ILCS 130/3 (West 2016)), he must receive day-for-day credit because the defendant’s 180-day sentence was not a sentence of periodic imprisonment.”
People v. Boose, 2024 IL App (1st) 240031 (Ill. App. Ct. 2024). “Yet Boose brought her petition for credit under a distinct law, section 3 of the County Jail Good Behavior Allowance Act (730 ILCS 130/3 (West 2022)). See Windsor, 2024 IL App (4th) 231455, ¶ 28 (holding appellate court lacked jurisdiction under Rule 604(h) to review denial of…”
People ex rel Smith v. Tobin, 2025 IL 131213 (Ill. 2025). “First, where the Vehicle Code authorizes the court to sentence a defendant to “a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court” (625 ILCS 5/6-303(d-1) (West 2022)), does it permit the circuit court to sentence the defendant…”
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