093_HB3384
LRB093 03802 MKM 03837 b
1 AN ACT in relation to counties.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 4-2001 as follows:
6 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
7 Sec. 4-2001. State's attorney salaries.
8 (a) There shall be allowed to the several state's
9 attorneys in this State, except the state's attorney of Cook
10 County, the following annual salary:
11 (1) Subject to paragraph (5), to each state's
12 attorney in counties containing less than 10,000
13 inhabitants, $40,500 until December 31, 1988, $45,500
14 until June 30, 1994, and $55,500 thereafter or as set by
15 the Compensation Review Board, whichever is greater.
16 (2) Subject to paragraph (5), to each state's
17 attorney in counties containing 10,000 or more
18 inhabitants but less than 20,000 inhabitants, $46,500
19 until December 31, 1988, $61,500 until June 30, 1994, and
20 $71,500 thereafter or as set by the Compensation Review
21 Board, whichever is greater.
22 (3) Subject to paragraph (5), to each state's
23 attorney in counties containing 20,000 or more but less
24 than 30,000 inhabitants, $51,000 until December 31, 1988,
25 $65,000 until June 30, 1994, and $75,000 thereafter or as
26 set by the Compensation Review Board, whichever is
27 greater.
28 (4) To each state's attorney in counties of 30,000
29 or more inhabitants, $65,500 until December 31, 1988,
30 $80,000 until June 30, 1994, and $96,837 thereafter or as
31 set by the Compensation Review Board, whichever is
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1 greater.
2 (5) Effective December 1, 2000, to each state's
3 attorney in counties containing fewer than 30,000
4 inhabitants, the same salary plus any cost of living
5 adjustments as authorized by the Compensation Review
6 Board to take effect after January 1, 1999, for state's
7 attorneys in counties containing 20,000 or more but fewer
8 than 30,000 inhabitants, or as set by the Compensation
9 Review Board whichever is greater.
10 The State must shall furnish 66 2/3% of the total annual
11 compensation to be paid to each state's attorney in Illinois
12 based on the salary in effect on December 31, 1988, and 100%
13 of the increases in salary taking effect after December 31,
14 1988.
15 Said amounts furnished by the State shall be payable
16 monthly from the state treasury to the county in which each
17 state's attorney is elected.
18 Each county shall be required to furnish 33 1/3% of the
19 total annual compensation to be paid to each state's attorney
20 in Illinois based on the salary in effect on December 31,
21 1988.
22 (b) Effective December 1, 2000, no state's attorney may
23 engage in the private practice of law. However, until
24 November 30, 2000, (i) the state's attorneys in counties
25 containing fewer than 10,000 inhabitants may engage in the
26 practice of law, and (ii) in any county between 10,000 and
27 30,000 inhabitants or in any county containing 30,000 or more
28 inhabitants which reached that population between 1970 and
29 December 31, 1981, the state's attorney may declare his or
30 her intention to engage in the private practice of law, and
31 may do so through no later than November 30, 2000, by filing
32 a written declaration of intent to engage in the private
33 practice of law with the county clerk. The declaration of
34 intention shall be irrevocable during the remainder of the
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1 term of office. The declaration shall be filed with the
2 county clerk within 30 days of certification of election or
3 appointment, or within 60 days of March 15, 1989, whichever
4 is later. In that event the annual salary of such state's
5 attorney shall be as follows:
6 (1) In counties containing 10,000 or more
7 inhabitants but less than 20,000 inhabitants, $46,500
8 until December 31, 1988, $51,500 until June 30, 1994, and
9 $61,500 thereafter or as set by the Compensation Review
10 Board, whichever is greater. The State shall furnish 100%
11 of the increases taking effect after December 31, 1988.
12 (2) In counties containing 20,000 or more
13 inhabitants but less than 30,000 inhabitants, and in
14 counties containing 30,000 or more inhabitants which
15 reached said population between 1970 and December 31,
16 1981, $51,500 until December 31, 1988, $56,000 until June
17 30, 1994, and $65,000 thereafter or as set by the
18 Compensation Review Board, whichever is greater. The
19 State shall furnish 100% of the increases taking effect
20 after December 31, 1988.
21 (c) In counties where a state mental health institution,
22 as hereinafter defined, is located, one assistant state's
23 attorney shall receive for his services, payable monthly from
24 the state treasury to the county in which he is appointed,
25 the following:
26 (1) To each assistant state's attorney in counties
27 containing less than 10,000 inhabitants, the sum of
28 $2,500 per annum;
29 (2) To each assistant state's attorney in counties
30 containing not less than 10,000 inhabitants and not more
31 than 20,000 inhabitants, the sum of $3,500 per annum;
32 (3) To each assistant state's attorney in counties
33 containing not less than 20,000 inhabitants and not more
34 than 30,000 inhabitants, the sum of $4,000 per annum;
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1 (4) To each assistant state's attorney in counties
2 containing not less than 30,000 inhabitants and not more
3 than 40,000 inhabitants, the sum of $4,500 per annum;
4 (5) To each assistant state's attorney in counties
5 containing not less than 40,000 inhabitants and not more
6 than 70,000 inhabitants, the sum of $5,000 per annum;
7 (6) To each assistant state's attorney in counties
8 containing not less than 70,000 inhabitants and not more
9 than 1,000,000 inhabitants, the sum of $6,000 per annum.
10 (d) The population of all counties for the purpose of
11 fixing salaries as herein provided shall be based upon the
12 last Federal census immediately previous to the appointment
13 of an assistant state's attorney in each county.
14 (e) At the request of the county governing authority, in
15 counties where one or more state correctional institutions,
16 as hereinafter defined, are located, one or more assistant
17 state's attorneys shall receive for their services, provided
18 that such services are performed in connection with the state
19 correctional institution, payable monthly from the state
20 treasury to the county in which they are appointed, the
21 following:
22 (1) $22,000 for each assistant state's attorney in
23 counties with one or more State correctional institutions
24 with a total average daily inmate population in excess of
25 2,000, on the basis of 2 assistant state's attorneys when
26 the total average daily inmate population exceeds 2,000
27 but is less than 4,000; and 3 assistant state's attorneys
28 when such population exceeds 4,000; with reimbursement to
29 be based on actual services rendered.
30 (2) $15,000 per year for one assistant state's
31 attorney in counties having one or more correctional
32 institutions with a total average daily inmate population
33 of between 750 and 2,000 inmates, with reimbursement to
34 be based on actual services rendered.
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1 (3) A maximum of $12,000 per year for one assistant
2 state's attorney in counties having less than 750
3 inmates, with reimbursement to be based on actual
4 services rendered.
5 Upon application of the county governing authority
6 and certification of the State's Attorney, the Director
7 of Corrections may, in his discretion and subject to
8 appropriation, increase the amount of salary
9 reimbursement to a county in the event special
10 circumstances require the county to incur extraordinary
11 salary expenditures as a result of services performed in
12 connection with State correctional institutions in that
13 county.
14 In determining whether or not to increase the amount of
15 salary reimbursement, the Director must shall consider, among
16 other matters:
17 (1) the nature of the services rendered;
18 (2) the results or dispositions obtained;
19 (3) whether or not the county was required to
20 employ additional attorney personnel as a direct result
21 of the services actually rendered in connection with a
22 particular service to a State correctional institution.
23 (f) In counties where a State senior institution of
24 higher education is located, the assistant state's attorneys
25 specified by this Section shall receive for their services,
26 payable monthly from the State treasury to the county in
27 which appointed, the following:
28 (1) $14,000 per year each for employment on a full
29 time basis for 2 assistant state's attorneys in counties
30 having a State university or State universities with
31 combined full time enrollment of more than 15,000
32 students.
33 (2) $7,200 per year for one assistant state's
34 attorney with no limitation on other practice in counties
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1 having a State university or State universities with
2 combined full time enrollment of 10,000 to 15,000
3 students.
4 (3) $4,000 per year for one assistant state's
5 attorney with no limitation on other practice in counties
6 having a State university or State universities with
7 combined full time enrollment of less than 10,000
8 students.
9 Such salaries shall be paid to the state's attorney and
10 the assistant state's attorney in equal monthly installments
11 by such county out of the county treasury provided that the
12 State of Illinois shall reimburse each county monthly from
13 the state treasury the amount of such salary. This Section
14 shall not prevent the payment of such additional compensation
15 to the state's attorney or assistant state's attorney of any
16 county, out of the treasury of that county as may be provided
17 by law.
18 (g) For purposes of this Section, "State mental health
19 institution" means any institution under the jurisdiction of
20 the Department of Human Services that is listed in Section 4
21 of the Mental Health and Developmental Disabilities
22 Administrative Act.
23 For purposes of this Section, "State correctional
24 institution" means any facility of the Department of
25 Corrections including adult facilities, juvenile facilities,
26 pre-release centers, community correction centers, and work
27 camps.
28 For purposes of this Section, "State university" means
29 the University of Illinois, Southern Illinois University,
30 Chicago State University, Eastern Illinois University,
31 Governors State University, Illinois State University,
32 Northeastern Illinois University, Northern Illinois
33 University, Western Illinois University, and any public
34 community college which has established a program of
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1 interinstitutional cooperation with one of the foregoing
2 institutions whereby a student, after earning an associate
3 degree from the community college, pursues a course of study
4 at the community college campus leading to a baccalaureate
5 degree from the foregoing institution (also known as a "2
6 Plus 2" degree program).
7 (h) A number of assistant state's attorneys shall be
8 appointed in each county that chooses to participate, as
9 provided in this subsection, for the prosecution of
10 alcohol-related traffic offenses. Each county shall receive
11 monthly a subsidy for payment of the salaries and benefits of
12 these assistant state's attorneys from State funds
13 appropriated to the county for that purpose. The amounts of
14 subsidies provided by this subsection shall be adjusted for
15 inflation each July 1 using the Consumer Price Index of the
16 Bureau of Labor Statistics of the U.S. Department of Labor.
17 When a county chooses to participate in the subsidy
18 program described in this subsection (h), the number of
19 assistant state's attorneys who are prosecuting
20 alcohol-related traffic offenses must increase according to
21 the subsidy provided in this subsection. These appointed
22 assistant state's attorneys shall be in addition to any other
23 assistant state's attorneys assigned to those cases on the
24 effective date of this amendatory Act of the 91st General
25 Assembly, and may not replace those assistant state's
26 attorneys. In counties where the state's attorney is the
27 sole prosecutor, this subsidy shall be used to provide an
28 assistant state's attorney to prosecute alcohol-related
29 traffic offenses along with the state's attorney. In
30 counties where the state's attorney is the sole prosecutor,
31 and in counties where a judge presides over cases involving a
32 variety of misdemeanors, including alcohol-related traffic
33 matters, assistant state's attorneys appointed and subsidized
34 by this subsection (h) may also prosecute the different
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1 misdemeanor cases at the direction of the state's attorney.
2 Assistant state's attorneys shall be appointed under this
3 subsection in the following number and counties shall receive
4 the following annual subsidies:
5 (1) In counties with fewer than 30,000 inhabitants,
6 one at $35,000.
7 (2) In counties with 30,000 or more but fewer than
8 100,000 inhabitants, one at $45,000.
9 (3) In counties with 100,000 or more but fewer than
10 300,000 inhabitants, 2 at $45,000 each.
11 (4) In counties, other than Cook County, with
12 300,000 or more inhabitants, 4 at $50,000 each.
13 The amounts appropriated under this Section must be
14 segregated by population classification and disbursed
15 monthly.
16 If in any year the amount appropriated for the purposes
17 of this subsection (h) is insufficient to pay all of the
18 subsidies specified in this subsection, the amount
19 appropriated shall first be prorated by the population
20 classifications of this subsection (h) and then among the
21 counties choosing to participate within each of those
22 classifications. If any of the appropriated moneys for each
23 population classification remain at the end of a fiscal year,
24 the remainder of the moneys may be allocated to participating
25 counties that were not fully funded during the course of the
26 year. Nothing in this subsection prohibits 2 or more State's
27 attorneys from combining their subsidies to appoint a joint
28 assistant State's attorney to prosecute alcohol-related
29 traffic offenses in multiple counties. Nothing in this
30 subsection prohibits a State's attorney from appointing an
31 assistant State's attorney by contract or otherwise.
32 (Source: P.A. 91-273, eff. 1-1-00; 91-440, eff. 8-6-99;
33 91-704, eff. 7-1-00; 92-309, eff. 8-9-01.)