Public Act 096-0432
 
SB2095 Enrolled LRB096 11440 RLC 21915 b

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

Effective Date: 8/13/2009