Rep. Patricia Bailey
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6418
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2 | AMENDMENT NO. ______. Amend House Bill 6418 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-3-7, 3-7-6, and 5-7-6 as follows: | ||||||
6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
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7 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
8 | Release.
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9 | (a) The conditions of parole or mandatory
supervised | ||||||
10 | release shall be such as the Prisoner Review
Board deems | ||||||
11 | necessary to assist the subject in leading a
law-abiding life. | ||||||
12 | The conditions of every parole and mandatory
supervised release | ||||||
13 | are that the subject:
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14 | (1) not violate any criminal statute of any | ||||||
15 | jurisdiction
during the parole or release term;
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16 | (2) refrain from possessing a firearm or other | ||||||
17 | dangerous
weapon;
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18 | (3) report to an agent of the Department of | ||||||
19 | Corrections;
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20 | (4) permit the agent to visit him or her at his or her | ||||||
21 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
22 | the agent to discharge his or her duties;
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23 | (5) attend or reside in a facility established for the | ||||||
24 | instruction or
residence
of persons on
parole or mandatory |
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1 | supervised release;
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2 | (6) secure permission before visiting or writing a | ||||||
3 | committed person in an
Illinois Department
of Corrections | ||||||
4 | facility;
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5 | (7) report all arrests to an agent of the Department of | ||||||
6 | Corrections as
soon as
permitted by the
arresting authority | ||||||
7 | but in no event later than 24 hours after release from
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8 | custody;
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9 | (7.5) if convicted of a sex offense as defined in the | ||||||
10 | Sex Offender
Management Board Act, the individual shall | ||||||
11 | undergo and successfully complete
sex offender treatment | ||||||
12 | conducted in conformance with the standards developed by
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13 | the Sex
Offender Management Board Act by a treatment | ||||||
14 | provider approved by the Board;
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15 | (8) obtain permission of an agent of the Department of | ||||||
16 | Corrections before
leaving the
State of Illinois;
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17 | (9) obtain permission of an agent of the Department of | ||||||
18 | Corrections before
changing
his or her residence or | ||||||
19 | employment;
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20 | (10) consent to a search of his or her person, | ||||||
21 | property, or residence
under his or her
control;
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22 | (11) refrain from the use or possession of narcotics or | ||||||
23 | other controlled
substances in
any form, or both, or any | ||||||
24 | paraphernalia related to those substances and submit
to a
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25 | urinalysis test as instructed by a parole agent of the | ||||||
26 | Department of
Corrections;
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27 | (12) not frequent places where controlled substances | ||||||
28 | are illegally sold,
used,
distributed, or administered;
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29 | (13) not knowingly associate with other persons on | ||||||
30 | parole or mandatory
supervised
release without prior | ||||||
31 | written permission of his or her parole agent and not
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32 | associate with
persons who are members of an organized gang | ||||||
33 | as that term is defined in the
Illinois
Streetgang | ||||||
34 | Terrorism Omnibus Prevention Act;
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1 | (14) provide true and accurate information, as it | ||||||
2 | relates to his or her
adjustment in the
community while on | ||||||
3 | parole or mandatory supervised release or to his or her
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4 | conduct
while incarcerated, in response to inquiries by his | ||||||
5 | or her parole agent or of
the
Department of Corrections; | ||||||
6 | and
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7 | (15) follow any specific instructions provided by the | ||||||
8 | parole agent that
are consistent
with furthering | ||||||
9 | conditions set and approved by the Prisoner Review Board or | ||||||
10 | by
law,
exclusive of placement on electronic detention, to | ||||||
11 | achieve the goals and
objectives of his
or her parole or | ||||||
12 | mandatory supervised release or to protect the public. | ||||||
13 | These
instructions by the parole agent may be modified at | ||||||
14 | any time, as the agent
deems
appropriate.
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15 | (b) The Board may in addition to other conditions
require | ||||||
16 | that the subject:
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17 | (1) work or pursue a course of study or vocational | ||||||
18 | training;
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19 | (2) undergo medical or psychiatric treatment, or | ||||||
20 | treatment
for drug addiction or alcoholism;
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21 | (3) attend or reside in a facility established for the
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22 | instruction or residence of persons on probation or parole;
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23 | (4) support his dependents;
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24 | (5) (blank);
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25 | (6) (blank);
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26 | (7) comply with the terms and conditions of an order of | ||||||
27 | protection
issued pursuant to the Illinois Domestic | ||||||
28 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
29 | or an order of protection issued by the court of another
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30 | state, tribe, or United States territory; and
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31 | (8) in addition, if a minor:
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32 | (i) reside with his parents or in a foster home;
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33 | (ii) attend school;
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34 | (iii) attend a non-residential program for youth; |
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1 | or
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2 | (iv) contribute to his own support at home or in a | ||||||
3 | foster
home.
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4 | (c) The conditions under which the parole or mandatory
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5 | supervised release is to be served shall be communicated to
the | ||||||
6 | person in writing prior to his release, and he shall
sign the | ||||||
7 | same before release. A signed copy of these conditions,
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8 | including a copy of an order of protection where one had been | ||||||
9 | issued by the
criminal court, shall be retained by the person | ||||||
10 | and another copy forwarded to
the officer in charge of his | ||||||
11 | supervision.
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12 | (d) After a hearing under Section 3-3-9, the Prisoner
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13 | Review Board may modify or enlarge the conditions of parole
or | ||||||
14 | mandatory supervised release.
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15 | (e) The Department shall inform all offenders committed to
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16 | the Department of the optional services available to them
upon | ||||||
17 | release and shall assist inmates in availing themselves
of such | ||||||
18 | optional services upon their release on a voluntary
basis.
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19 | (f) In determining the conditions of parole or mandatory | ||||||
20 | supervised release, the Prisoner Review Board may not take into | ||||||
21 | consideration the person's assets or the person's ability or | ||||||
22 | inability to pay for the costs of his or her incarceration.
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23 | (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04.)
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24 | (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
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25 | Sec. 3-7-6. Reimbursement for expenses.
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26 | (a) Responsibility of committed persons. For the purposes | ||||||
27 | of this
Section, "committed persons" mean those persons who | ||||||
28 | through judicial
determination have been placed in the custody | ||||||
29 | of the Department on the basis of
a conviction as an adult. | ||||||
30 | Committed
persons whose assets exceed $10,000 (excluding the | ||||||
31 | value of their primary residence and primary motor vehicle)
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32 | shall be responsible to reimburse the
Department for the | ||||||
33 | expenses incurred by their incarceration at a rate to be
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1 | determined by the Department in accordance with this Section.
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2 | (1) Committed persons shall fully cooperate with the | ||||||
3 | Department by
providing complete
financial information for | ||||||
4 | the purposes under this Section.
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5 | (2)
The failure of a committed person to fully | ||||||
6 | cooperate as provided for
in
clauses (3)
and (4) of | ||||||
7 | subsection (a-5) shall be considered for purposes of a | ||||||
8 | parole
determination. Any committed person who willfully | ||||||
9 | refuses to cooperate with the
obligations set forth in this | ||||||
10 | Section may be subject to the loss of good
conduct credit
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11 | towards his or her sentence of up to 180 days.
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12 | (a-5) Assets information form.
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13 | (1) The Department shall develop a form, which shall be | ||||||
14 | used by the
Department
to
obtain information from all | ||||||
15 | committed persons regarding assets of the persons.
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16 | (2) In order to enable the Department to determine the | ||||||
17 | financial status of
the
committed
person, the form shall | ||||||
18 | provide for obtaining the age and marital status of a
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19 | committed
person, the number and ages of children of the | ||||||
20 | person, the number and ages of
other
dependents, the type | ||||||
21 | and value of real estate, the type and value of personal
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22 | property,
cash and bank accounts, the location of any lock | ||||||
23 | boxes, the type and value of
investments, pensions and | ||||||
24 | annuities and any other personalty of significant
cash
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25 | value, including but not limited to jewelry, art work and | ||||||
26 | collectables, and all
medical
or dental insurance policies | ||||||
27 | covering the committed person. The form may also
provide | ||||||
28 | for other information deemed pertinent by the Department in | ||||||
29 | the
investigation of a committed person's assets.
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30 | (3) Upon being developed, the form shall be submitted | ||||||
31 | to each committed
person
as of
the date the form is | ||||||
32 | developed and to every committed person who thereafter is
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33 | sentenced to imprisonment under the jurisdiction of the | ||||||
34 | Department. The form
may
be resubmitted to a committed |
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1 | person by the Department for purpose of
obtaining
current | ||||||
2 | information regarding the assets of the person.
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3 | (4) Every committed person shall complete the form or | ||||||
4 | provide for
completion
of the
form and the committed person | ||||||
5 | shall swear under oath or affirm that to the best
of his
or | ||||||
6 | her knowledge the information provided is complete and | ||||||
7 | accurate.
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8 | (b) Expenses. The rate at which sums to be charged for the | ||||||
9 | expenses
incurred by a committed person subject to this Section
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10 | for his or her confinement
shall be computed by
the Department | ||||||
11 | as the average per capita cost per day for all inmates of that
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12 | institution or facility for that fiscal year. The average per | ||||||
13 | capita cost per
day shall be computed by the Department based | ||||||
14 | on the average per capita cost
per day for the operation of | ||||||
15 | that institution or facility for the fiscal year
immediately | ||||||
16 | preceding the period of incarceration for which the rate is | ||||||
17 | being
calculated. The Department shall establish rules and | ||||||
18 | regulations providing for
the computation of the above costs, | ||||||
19 | and shall determine the average per capita
cost per day for | ||||||
20 | each of its institutions or facilities for each fiscal year.
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21 | The Department shall have the
power to modify its rules and | ||||||
22 | regulations, so as to provide for the most
accurate and most | ||||||
23 | current average per capita cost per day computation. Where
the | ||||||
24 | committed person is placed in a facility outside the
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25 | Department, the
Department may pay the actual cost of services | ||||||
26 | in that facility, and may
collect reimbursement for the entire | ||||||
27 | amount paid from the committed person
receiving those services.
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28 | (c) Records. The records of the Department, including, but | ||||||
29 | not limited to,
those relating to: the average per capita cost | ||||||
30 | per day for a particular
institution or facility for a | ||||||
31 | particular year, and the calculation of the
average per capita | ||||||
32 | cost per day; the average daily population of a particular
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33 | Department correctional institution or facility for a | ||||||
34 | particular year; the
specific placement of a particular |
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1 | committed person in
various Department
correctional | ||||||
2 | institutions or facilities for various periods of time; and the
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3 | record of transactions of a particular committed person's
trust | ||||||
4 | account under
Section 3-4-3 of this Act; may be proved in any | ||||||
5 | legal proceeding, by a
reproduced copy thereof or by a computer | ||||||
6 | printout of Department records, under
the certificate of the | ||||||
7 | Director. If
reproduced copies are used, the Director must | ||||||
8 | certify that those are true and
exact copies of the records on | ||||||
9 | file with the Department. If computer
printouts of records of | ||||||
10 | the Department are offered as proof, the Director must
certify | ||||||
11 | that those computer printouts are true and exact | ||||||
12 | representations of
records properly entered into standard | ||||||
13 | electronic computing equipment, in the
regular course of the | ||||||
14 | Department's business, at or reasonably near the time of
the | ||||||
15 | occurrence of the facts recorded, from trustworthy and reliable
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16 | information. The reproduced copy or computer printout shall, | ||||||
17 | without further
proof, be admitted into evidence in any legal | ||||||
18 | proceeding, and shall be prima
facie correct and prima facie | ||||||
19 | evidence of the accuracy of the information
contained therein.
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20 | (d) Authority. The Director, or the Director's designee, | ||||||
21 | may, when he or
she knows or reasonably believes that a | ||||||
22 | committed person whose assets exceed $10,000 (excluding the | ||||||
23 | value of his or her primary residence and his or her primary | ||||||
24 | motor vehicle) , or the estate of that
person, has assets which | ||||||
25 | may be used to satisfy all or part of a judgment
rendered under | ||||||
26 | this Act,
or when he or she knows or reasonably believes that
a | ||||||
27 | committed person whose assets exceed $10,000 (excluding the | ||||||
28 | value of his or her primary residence and his or her primary | ||||||
29 | motor vehicle) is engaged in gang-related activity and has a | ||||||
30 | substantial sum of
money or other assets,
provide for the | ||||||
31 | forwarding to the Attorney General of a report on the
committed | ||||||
32 | person and that report shall contain a completed form under
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33 | subsection (a-5) together with all other information available | ||||||
34 | concerning the
assets of
the committed person and an estimate |
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1 | of the total expenses for that committed
person, and
authorize | ||||||
2 | the Attorney General to institute
proceedings to require the
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3 | persons, or the estates of the persons, to reimburse the | ||||||
4 | Department for the
expenses incurred by their incarceration. | ||||||
5 | The Attorney General, upon
authorization of the Director, or | ||||||
6 | the Director's designee, shall institute
actions on behalf of | ||||||
7 | the Department and pursue claims on the Department's
behalf in | ||||||
8 | probate and bankruptcy proceedings, to recover from committed | ||||||
9 | persons whose assets exceed $10,000 (excluding the value of | ||||||
10 | their residence and their primary motor vehicle) the expenses | ||||||
11 | incurred by
their
confinement.
For purposes of this subsection | ||||||
12 | (d), "gang-related" activity
has the meaning ascribed to it in | ||||||
13 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
14 | Prevention Act.
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15 | (e) Scope and limitations.
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16 | (1) No action under this Section shall be initiated | ||||||
17 | more than 2 years
after the release or death of the | ||||||
18 | committed person in
question.
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19 | (2) The death of a convicted person, by execution or | ||||||
20 | otherwise, while
committed to a Department correctional | ||||||
21 | institution or facility shall not act as
a bar to any | ||||||
22 | action or proceeding under this Section.
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23 | (3) The assets of a committed person, for the purposes
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24 | of this Section,
shall
include any property, tangible or | ||||||
25 | intangible, real or personal, belonging to
or due to a | ||||||
26 | committed or formerly committed person including income or | ||||||
27 | payments
to the person from social security, worker's | ||||||
28 | compensation, veteran's
compensation, pension benefits, or | ||||||
29 | from any other source whatsoever and any
and all assets and | ||||||
30 | property of whatever character held in the name
of the | ||||||
31 | person, held for the benefit of the person, or payable or | ||||||
32 | otherwise
deliverable to the person , except his or her | ||||||
33 | primary residence and a primary motor vehicle . Any trust, | ||||||
34 | or portion of a trust, of which a
convicted person is a |
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1 | beneficiary, shall be construed as an asset of the
person, | ||||||
2 | to the extent that benefits thereunder are required to be | ||||||
3 | paid to the
person, or shall in fact be paid to the person.
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4 | At the time of a legal proceeding by the Attorney General | ||||||
5 | under this Section,
if it appears that the committed person | ||||||
6 | has any assets which ought to be
subjected to the claim of | ||||||
7 | the Department under this Section, the court may
issue an | ||||||
8 | order requiring any person, corporation, or other legal | ||||||
9 | entity
possessed or having custody of those assets to | ||||||
10 | appropriate any of the assets
or a portion thereof toward | ||||||
11 | reimbursing the Department as provided for under
this | ||||||
12 | Section.
No provision of this Section
shall be construed in | ||||||
13 | violation of any State or federal limitation on the
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14 | collection of money judgments.
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15 | (4) Nothing in this Section shall preclude the | ||||||
16 | Department from applying
federal benefits that are | ||||||
17 | specifically provided for the care and treatment of
a | ||||||
18 | committed person toward the cost of care provided by a
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19 | State facility or
private agency.
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20 | (Source: P.A. 92-564, eff. 1-1-03.)
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21 | (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
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22 | Sec. 5-7-6. Duty of Clerk of Court or the Department of | ||||||
23 | Corrections; collection and disposition of compensation.
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24 | (a) Every gainfully employed offender shall be responsible | ||||||
25 | for managing his
or her earnings. The clerk of the circuit | ||||||
26 | court shall have only those
responsibilities regarding an | ||||||
27 | offender's earnings as are set forth in this
Section.
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28 | Every offender, including offenders who are sentenced to | ||||||
29 | periodic
imprisonment for weekends only, gainfully employed
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30 | shall pay a fee for room and board at a rate established, with | ||||||
31 | the
concurrence of the chief judge of the judicial circuit, by | ||||||
32 | the county board of
the county in which the offender is | ||||||
33 | incarcerated. The concurrence of the chief
judge shall be in |
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1 | the form of an administrative order. In establishing the fee
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2 | for room and board consideration may be given to all costs | ||||||
3 | incidental to the
incarceration of offenders. If an offender is | ||||||
4 | necessarily absent from the
institution at mealtime he or she | ||||||
5 | shall, without additional charge, be
furnished with a meal to | ||||||
6 | carry to work. Each week, on a day designated by the
clerk of | ||||||
7 | the circuit court,
every offender shall pay the clerk the fees | ||||||
8 | for the offender's room and board. Failure to pay the clerk
on | ||||||
9 | the day designated shall result in the termination of the | ||||||
10 | offender's
release.
All fees for room and board collected by | ||||||
11 | the circuit court clerk shall be
disbursed into the county's | ||||||
12 | General Corporate Fund.
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13 | By order of the court, all or a portion of the earnings of
| ||||||
14 | employed offenders shall be turned over to the clerk to be | ||||||
15 | distributed
for the following purposes, in the order stated:
| ||||||
16 | (1) the room and board of the offender;
| ||||||
17 | (2) necessary travel expenses to and from work and | ||||||
18 | other incidental
expenses of the offender, when those | ||||||
19 | expenses are incurred by the
administrator of the | ||||||
20 | offender's imprisonment;
| ||||||
21 | (3) support of the offender's dependents, if any.
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22 | (b) If the offender has one or more dependents who are | ||||||
23 | recipients of
financial assistance pursuant to the Illinois | ||||||
24 | Public Aid Code, or who are
residents of a State hospital, | ||||||
25 | State school or foster care facility
provided by the State, the | ||||||
26 | court shall order the offender to turn over
all or a portion of | ||||||
27 | his earnings to the clerk who shall, after making
the | ||||||
28 | deductions provided for under paragraph
(a), distribute those | ||||||
29 | earnings to the appropriate agency
as reimbursement for the | ||||||
30 | cost of care of such dependents. The order shall
permit the | ||||||
31 | Department of Human Services (acting as successor to the | ||||||
32 | Illinois
Department of Public Aid under the Department of Human | ||||||
33 | Services Act) or the
local governmental
unit, as the case may | ||||||
34 | be, to request the clerk that subsequent payments be
made |
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1 | directly to the dependents, or to some agency or person in | ||||||
2 | their
behalf, upon removal of the dependents from the public | ||||||
3 | aid rolls; and upon
such direction and removal of the | ||||||
4 | recipients from the public aid rolls, the
Department of Human | ||||||
5 | Services or the local governmental unit, as the
case requires, | ||||||
6 | shall give written notice of such action to the court. Payments
| ||||||
7 | received by the Department of Human Services or by
governmental | ||||||
8 | units in behalf of recipients of public aid shall be deposited
| ||||||
9 | into the General Revenue Fund of the State Treasury or General | ||||||
10 | Assistance
Fund of the governmental unit, under Section 10-19 | ||||||
11 | of the Illinois Public
Aid Code.
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12 | (c) The clerk of the circuit court shall keep individual | ||||||
13 | accounts of all
money collected by him as required by this | ||||||
14 | Article. He shall deposit all
moneys as trustee in a depository | ||||||
15 | designated by the county board and shall
make payments required | ||||||
16 | by the court's order from such trustee account. Such
accounts | ||||||
17 | shall be subject to audit in the same manner as accounts of the
| ||||||
18 | county are audited.
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19 | (d) If an institution or the Department of Corrections | ||||||
20 | certifies to the
court that it can administer this Section with | ||||||
21 | respect to persons committed
to it under this Article, the | ||||||
22 | clerk of the court shall be relieved of its
duties under this | ||||||
23 | Section and they shall be assumed by such institution or
the | ||||||
24 | Department. | ||||||
25 | (e) This Section does not apply to a person sentenced to | ||||||
26 | periodic imprisonment for a felony whose assets do not exceed | ||||||
27 | $10,000 (excluding the value of his or her primary residence | ||||||
28 | and his or her primary motor vehicle).
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29 | (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)".
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