Illinois Compiled Statutes
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725 ILCS 5/110-17
(725 ILCS 5/110-17)
(from Ch. 38, par. 110-17)
Unclaimed Bail Deposits.
provisions of the Revised Uniform Unclaimed Property Act, any sum
of money deposited by any person to secure his release from custody which
remains unclaimed by the person entitled to its return for 3
years after the conditions of the bail bond have been performed
and the accused has been discharged from all obligations in the
cause shall be presumed to be abandoned.
(a) The clerk of the circuit court, as soon thereafter as
practicable, shall cause notice to be published once, in English, in a
newspaper or newspapers of general circulation in the county wherein the
deposit of bond was received.
(b) The published notice shall be entitled "Notice of Persons
Appearing to be Owners of Abandoned Property" and shall contain:
(1) The names, in alphabetical order, of persons to
whom the notice is directed.
(2) A statement that information concerning the
amount of the property may be obtained by any persons possessing an interest in the property by making an inquiry at the office of the clerk of the circuit court at a location designated by him.
(3) A statement that if proof of claim is not
presented by the owner to the clerk of the circuit court and if the owner's right to receive the property is not established to the satisfaction of the clerk of the court within 65 days from the date of the published notice, the abandoned property will be placed in the custody of the treasurer of the county, not later than 85 days after such publication, to whom all further claims must thereafter be directed. If the claim is established as aforesaid and after deducting an amount not to exceed $20 to cover the cost of notice publication and related clerical expenses, the clerk of the court shall make payment to the person entitled thereto.
(4) The clerk of the circuit court is not required to
publish in such notice any items of less than $100 unless he deems such publication in the public interest.
(c) Any clerk of the circuit court who has caused notice to be published
as provided by this Section shall, within 20 days after the time specified
in this Section for claiming the property from the clerk of the court, pay
or deliver to the treasurer of the county having jurisdiction of the
offense, whether the bond was taken there or any other county, all sums
deposited as specified in this section less such amounts as may have been
returned to the persons whose rights to receive the sums deposited have
been established to the satisfaction of the clerk of the circuit court.
Any clerk of the circuit court who transfers such sums to the county
treasury including sums deposited by persons whose names are not required
to be set forth in the published notice aforesaid, is relieved of all
liability for such sums as have been transferred as unclaimed bail deposits
or any claim which then exists or which thereafter may arise or be made in
respect to such sums.
(d) The treasurer of the county shall keep just and true accounts of all
moneys paid into the treasury, and if any person appears within 5 years
after the deposit of moneys by the clerk of the circuit court and claims
any money paid into the treasury, he shall file a claim therefor on the
form prescribed by the treasurer of the county who shall consider any claim
filed under this Act and who may, in his discretion, hold a hearing and
receive evidence concerning it. The treasurer of the county shall prepare
a finding and the decision in writing on each hearing, stating the substance
of any evidence heard by him, his findings of fact in respect thereto, and
the reasons for his decision. The decision shall be a public record.
(e) All claims which are not filed within the 5 year period shall
be forever barred.
(Source: P.A. 100-22, eff. 1-1-18