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SB2095 Engrossed |
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LRB096 11440 RLC 21915 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The County Jail Act is amended by changing |
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| Section 20 as follows:
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| (730 ILCS 125/20) (from Ch. 75, par. 120)
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| Sec. 20. Cost and expense; commissary fund.
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| (a) The cost and expense of keeping, maintaining and |
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| furnishing
the jail of each county, and of keeping and |
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| maintaining the prisoner thereof,
except as otherwise provided |
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| by law, shall be paid from the county treasury,
the account |
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| therefor being first settled and allowed by the county board.
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| The county board may require convicted persons confined in |
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| its jail to
reimburse the county for the expenses incurred by |
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| their incarceration to
the extent of their ability to pay for |
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| such expenses. The warden of the jail
shall establish by |
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| regulation criteria for a reasonable deduction from money
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| credited to any account of an inmate to defray the costs to the |
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| county for an
inmate's medical care. The State's Attorney
of |
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| the county in which such jail is located may, if requested by |
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| the County
Board, institute civil actions in the circuit court |
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| of the county in which
the jail is located to recover from such |
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| convicted confined persons the
expenses incurred by their |
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SB2095 Engrossed |
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LRB096 11440 RLC 21915 b |
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| confinement. The funds recovered shall
be paid
into the county |
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| treasury.
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| (a-5) Upon notification from the Clerk of the Circuit Court |
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| of an outstanding fine, restitution, or costs imposed by the |
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| court on a jail inmate, the warden of the jail may, at any time |
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| prior to release of the inmate, deduct from money credited to |
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| any account of the inmate an amount to pay or reduce the |
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| outstanding balance. The warden of the jail shall establish by |
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| regulation criteria for deduction from money credited to any |
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| account of an inmate to pay or reduce the amount outstanding on |
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| a fine, restitution, or costs imposed by the court on the |
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| inmate. The regulation shall comply with any withholding |
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| restrictions otherwise provided by law. The inmate shall be |
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| provided with written notice of the amount of any deduction. |
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| There shall also be prominent notice by signage at any location |
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| where the warden of the jail or jail employees receive funds |
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| for deposit into an inmate's account, that funds in an inmate's |
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| account may be used to pay fines, restitution, or costs imposed |
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| on the inmate by a court. Any person providing funds for an |
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| inmate's account shall be notified in writing when the funds |
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| are provided, that funds in an inmate's account may be used to |
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| pay fines, restitution, or costs imposed on the inmate by a |
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| court. |
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| (b) When a prisoner is released from the county jail after |
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| the completion
of his or her sentence and has money credited to |
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| his or her account in the
commissary fund, the sheriff or a |
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LRB096 11440 RLC 21915 b |
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| person acting on the authority of the sheriff
must mail a check |
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| in the amount credited to the prisoner's account to the
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| prisoner's last known address. If after 30 days from the date |
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| of mailing of
the
check, the check is returned undelivered, the |
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| sheriff must transmit the amount
of the check to the
county |
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| treasurer for deposit into the commissary fund. Nothing in this
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| subsection (b) constitutes a forfeiture of the prisoner's right |
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| to claim the
money accredited to his or her account after the |
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| 30-day period.
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| (Source: P.A. 91-288, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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