99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3331
 
Introduced 2/19/2016, by Sen. Wm. Sam McCann
 
SYNOPSIS AS INTRODUCED:
 

 
  
730 ILCS 5/5-8-5  from Ch. 38, par. 1005-8-5

     Amends the Unified Code of Corrections.  Provides that the sheriff shall notify the Department of Corrections of the order of commitment, and the Department shall within 48 hours of notice by the sheriff accept transfer of the offender to the Department, unless the Department is unable to accept the transfer on the grounds that space is not available, in which case the Department shall take custody of the prisoner within 7 days.  Expenses incurred due to time spent in custody after the Department has been notified of the transfer and before the prisoner's transfer to the Department of Corrections, shall be paid by the State.
  


LRB099 19978 SLF 44377 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB3331LRB099 19978 SLF 44377 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Unified Code of Corrections is amended  by 
5changing Section 5-8-5 as follows:
 



6    (730 ILCS 5/5-8-5)  (from Ch. 38, par. 1005-8-5)



7    Sec. 5-8-5. Commitment of the Offender. Upon rendition of 
8judgment after pronouncement of a sentence of periodic

9imprisonment, imprisonment, or death, the court shall commit 
10the offender
to the custody of the sheriff or to the Department 
11of Corrections. A
sheriff in executing an order for commitment 
12to the Department
of Corrections shall convey such offender to 
13the nearest receiving station
designated by the Department of 
14Corrections. The sheriff shall notify the Department of the 
15order of commitment, and the Department shall within 48 hours 
16of notice by the sheriff accept transfer of the offender to the 
17Department, unless the Department is unable to accept  the 
18transfer on the grounds that space is not available, in which 
19case the Department shall take custody of the prisoner within 7 
20calendar days.  Expenses incurred due to time spent in custody 
21after the Department has been notified of the transfer, and 
22before the prisoner's transfer to the Department, shall be paid 
23by the State. The court may commit the
offender to the custody 
 
 
SB3331- 2 -LRB099 19978 SLF 44377 b

1of the Attorney General of the United States under
Section 
25-8-6 when a sentence for a State offense provides that such

3sentence is to run concurrently with a previous and unexpired 
4federal
sentence. The expense of conveying a person committed 
5by the juvenile court
or an offender convicted of a felony 
6shall be paid by the State. Except as otherwise provided in 
7this Section, the The expenses
in all other cases shall be paid 
8by the county of the committing court.

9(Source: P.A. 84-551.)