HB4486 93RD GENERAL ASSEMBLY

LRB093 18294 RLC 43997 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4486

Introduced 02/03/04, by Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-2-2.2

from Ch. 38, par. 1003-2-2.2

Amends the Unified Code of Corrections. Provides that subject to appropriations by the General Assembly to the Department of Corrections for these purposes, the Department shall reimburse the county or counties for operation of juvenile detention centers. Provides that that reimbursement shall be for 100% of the salaries and travel expenses for all employees and supervisors at the county juvenile detention centers. Provides that the county treasurer in each county shall establish a juvenile detention center fund consisting of reimbursements by the Department for funding the operation of the county's juvenile detention centers.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 3-2-2.2 as follows:

(730 ILCS 5/3-2-2.2) (from Ch. 38, par. 1003-2-2.2)

Sec. 3-2-2.2. County juvenile detention centers; funding.

(a) In addition to all other powers, duties and responsibilities otherwise provided by law, the Department shall administer the County Juvenile Detention Center Revolving Loan Fund, a special fund in the State treasury which is hereby created. The Department shall accept for deposit into such fund any and all grants, loans, subsidies, matching funds, reimbursements, appropriations, transfers of appropriations, income derived from investments, State bond proceeds, proceeds from repayment of loans, or other things of value from the federal or State government or any person, firm or public or private corporation. Monies in the County Juvenile Detention Center Revolving Loan Fund shall be invested in the same manner as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1973. The Department shall loan money from the County Juvenile Detention Center Revolving Loan Fund to any county for the purpose of constructing a new juvenile detention center or non-secure group home or remodeling, reconstructing or renovating an existing juvenile detention center or non-secure group home. Such facilities shall be administered by the Circuit Court. The Department shall adopt rules and regulations establishing criteria to be used in determining loan eligibility and the interest rate, if any, to be charged on money loaned from the fund. The interest rate shall not exceed 80% of the prime interest rate charged by the largest commercial bank in the State of Illinois at the time that the loan is approved. The eligibility criteria shall include the following factors:

(1) (a) creditworthiness of the county;

(2) (b) ability of the county to borrow money by traditional methods;

(3) (c) evidence of the county's efforts to raise funds in traditional markets;

(4) (d) the costs of borrowing that the county would encounter in traditional markets;

(5) (e) a direct appropriation by the General Assembly; and

(6) (f) approval by the chief judge of the circuit.

To be eligible for a loan from the fund, a county must demonstrate it has the ability to make debt service payments.

No county shall finance more than 75% of the total costs of constructing, reconstructing, upgrading or expanding a facility from the fund. The term of payment for loans authorized by the Department shall be at least 10 years. The Department may impose such other charges or fees as it deems necessary to defray the costs of administering loans from the fund.

No loan shall be granted within three years of the granting of any other loan under this program within the same circuit.

Counties in the process of upgrading county juvenile detention facilities and non-secure group homes on the effective date of this amendatory Act of 1990 and counties that combine to construct a regional facility shall be eligible for loans from the fund.

(b) Subject to appropriations by the General Assembly to the Department for these purposes, the Department shall reimburse the county or counties for operation of juvenile detention centers as follows:

(1) 100% of the salary for all employee and supervisor positions at county juvenile detention centers approved for reimbursement by the Department.

(2) 100% of the travel expenses in accordance with Department standards for all juvenile detention center personnel.

(c) The county treasurer in each county shall establish a juvenile detention center fund consisting of reimbursements by the Department for funding the operation of the county's juvenile detention centers. The county treasurer shall disburse monies from the fund only at the direction of the sheriff where the county is located. The county treasurer of each county shall, on or before January 10 of each year, submit an annual report to the Department detailing the expenditures made from the juvenile detention center fund. Monies in the juvenile detention center fund shall be appropriated by the county board to be used within the county or jurisdiction where collected in accordance with policies and guidelines approved by the Department for the costs of operating the county's juvenile detention centers. Monies expended from the juvenile detention center fund shall be used to supplement, not supplant, county appropriations for the operation of juvenile detention centers. Interest earned on monies deposited in a juvenile detention center fund may be used by the county for its ordinary and contingent expenditures.

(Source: P.A. 86-1327.)