SB3331 99TH GENERAL ASSEMBLY

LRB099 19978 SLF 44377 b

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.

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 5-8-5 as follows:

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

Sec. 5-8-5. Commitment of the Offender. Upon rendition of judgment after pronouncement of a sentence of periodic imprisonment, imprisonment, or death, the court shall commit the offender to the custody of the sheriff or to the Department of Corrections. A sheriff in executing an order for commitment to the Department of Corrections shall convey such offender to the nearest receiving station designated by the Department of Corrections. The sheriff shall notify the Department 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 calendar 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, shall be paid by the State. The court may commit the offender to the custody of the Attorney General of the United States under Section 5-8-6 when a sentence for a State offense provides that such sentence is to run concurrently with a previous and unexpired federal sentence. The expense of conveying a person committed by the juvenile court or an offender convicted of a felony shall be paid by the State. Except as otherwise provided in this Section, the The expenses in all other cases shall be paid by the county of the committing court.

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