Illinois General Assembly - Full Text of Public Act 099-0215
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Public Act 099-0215





Public Act 099-0215
HB4089 EnrolledLRB099 09920 RLC 30135 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 14 as follows:
    (730 ILCS 125/14)  (from Ch. 75, par. 114)
    Sec. 14. At any time, in the opinion of the Warden, the
lives or health of the prisoners are endangered or the security
of the penal institution is threatened, to such a degree as to
render their removal necessary, the Warden may cause an
individual prisoner or a group of prisoners to be removed to
some suitable place within the county, or to the jail of some
convenient county, where they may be confined until they can be
safely returned to the place whence they were removed. No
prisoner charged with a felony shall be removed by the warden
to a Mental Health or Developmental Disabilities facility as
defined in the Mental Health and Developmental Disabilities
Code, except as specifically authorized by Article 104 or 115
of the Code of Criminal Procedure of 1963, or the Mental Health
and Developmental Disabilities Code. Any place to which the
prisoners are so removed shall, during their imprisonment
there, be deemed, as to such prisoners, a prison of the county
in which they were originally confined; but, they shall be
under the care, government and direction of the Warden of the
jail of the county in which they are confined. When any
criminal detainee is transferred to the custody of the
Department of Human Services, the warden shall supply the
Department of Human Services with all of the legally available
information as described in 20 Ill. Adm. Code 701.60(f). When a
criminal detainee is delivered to the custody of the
Department, the following information must be included with the
items delivered:
    (1) the sentence imposed;
    (2) any findings of great bodily harm made by the court;
    (3) any statement by the court on the basis for imposing
the sentence;
    (4) any presentence reports;
    (5) any sex offender evaluations;
    (6) any substance abuse treatment eligibility screening
and assessment of the criminal detainee by an agent designated
by the State to provide assessments for Illinois courts;
    (7) the number of days, if any, which the criminal detainee
has been in custody and for which he or she is entitled to
credit against the sentence. Certification of jail credit time
shall include any time served in the custody of the Illinois
Department of Human Services-Division of Mental Health or
Division of Developmental Disabilities, time served in another
state or federal jurisdiction, and any time served while on
probation or periodic imprisonment;
    (8) State's Attorney's statement of facts, including the
facts and circumstances of the offenses for which the criminal
detainee was committed, any other factual information
accessible to the State's Attorney prior to the commitment to
the Department relative to the criminal detainee's habits,
associates, disposition, and reputation or other information
that may aid the Department during the custody of the criminal
detainee. If the statement is unavailable at the time of
delivery, the statement must be transmitted within 10 days
after receipt by the clerk of the court;
    (9) any medical or mental health records or summaries;
    (10) any victim impact statements;
    (11) name of municipalities where the arrest of the
criminal detainee and the commission of the offense occurred,
if the municipality has a population of more than 25,000
    (12) all additional matters that the court directs the
clerk to transmit;
    (13) a record of the criminal detainee's time and his or
her behavior and conduct while in the custody of the county.
Any action on the part of the criminal detainee that might
affect his or her security status with the Department,
including, but not limited to, an escape attempt, participation
in a riot, or a suicide attempt should be included in the
record; and
    (14) the mittimus or sentence (judgment) order that
provides the following information:
        (A) the criminal case number, names and citations of
    the offenses, judge's name, date of sentence, and, if
    applicable, whether the sentences are to be served
    concurrently or consecutively;
        (B) the number of days spent in custody; and
        (C) if applicable, the calculation of pre-trial
    program sentence credit awarded by the court to the
    criminal detainee, including, at a minimum, identification
    of the type of pre-trial program the criminal detainee
    participated in and the number of eligible days the court
    finds the criminal detainee spent in the pre-trial program
    multiplied by the calculation factor of 0.5 for the total
    court-awarded credit.
(Source: P.A. 97-104, eff. 1-1-12.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/31/2015