Illinois General Assembly - Full Text of SB0565
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Full Text of SB0565  100th General Assembly

SB0565 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0565

 

Introduced 1/24/2017, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 125/5  from Ch. 75, par. 105

    Amends the County Jail Act. Makes a technical change in a Section concerning the costs of maintaining prisoners.


LRB100 04873 RLC 14883 b

 

 

A BILL FOR

 

SB0565LRB100 04873 RLC 14883 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 County Jail Act is amended by changing
5Section 5 as follows:
 
6    (730 ILCS 125/5)  (from Ch. 75, par. 105)
7    Sec. 5. Costs of maintaining prisoners.
8    (a) Except as provided in subsections (b) and and (c), all
9costs of maintaining persons committed for violations of
10Illinois law, shall be the responsibility of the county. Except
11as provided in subsection (b), all costs of maintaining persons
12committed under any ordinance or resolution of a unit of local
13government, including medical costs, is the responsibility of
14the unit of local government enacting the ordinance or
15resolution, and arresting the person.
16    (b) If a person who is serving a term of mandatory
17supervised release for a felony is incarcerated in a county
18jail, the Illinois Department of Corrections shall pay the
19county in which that jail is located one-half of the cost of
20incarceration, as calculated by the Governor's Office of
21Management and Budget and the county's chief financial officer,
22for each day that the person remains in the county jail after
23notice of the incarceration is given to the Illinois Department

 

 

SB0565- 2 -LRB100 04873 RLC 14883 b

1of Corrections by the county, provided that (i) the Illinois
2Department of Corrections has issued a warrant for an alleged
3violation of mandatory supervised release by the person; (ii)
4if the person is incarcerated on a new charge, unrelated to the
5offense for which he or she is on mandatory supervised release,
6there has been a court hearing at which bail has been set on
7the new charge; (iii) the county has notified the Illinois
8Department of Corrections that the person is incarcerated in
9the county jail, which notice shall not be given until the bail
10hearing has concluded, if the person is incarcerated on a new
11charge; and (iv) the person remains incarcerated in the county
12jail for more than 48 hours after the notice has been given to
13the Department of Corrections by the county. Calculation of the
14per diem cost shall be agreed upon prior to the passage of the
15annual State budget.
16    (c) If a person who is serving a term of mandatory
17supervised release is incarcerated in a county jail, following
18an arrest on a warrant issued by the Illinois Department of
19Corrections, solely for violation of a condition of mandatory
20supervised release and not on any new charges for a new
21offense, then the Illinois Department of Corrections shall pay
22the medical costs incurred by the county in securing treatment
23for that person, for any injury or condition other than one
24arising out of or in conjunction with the arrest of the person
25or resulting from the conduct of county personnel, while he or
26she remains in the county jail on the warrant issued by the

 

 

SB0565- 3 -LRB100 04873 RLC 14883 b

1Illinois Department of Corrections.
2(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)