Illinois General Assembly - Illinois Compiled Statutes

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730 ILCS 5/5-7-6

(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)

Sec. 5-7-6. Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.

(a) Every gainfully employed offender shall be responsible for managing his
or her earnings.  The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Section.

Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated.  The concurrence of the chief
judge shall be in the form of an administrative order.  In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work.  Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
release.
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.

By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:

(1) the room and board of the offender;

(2) necessary travel expenses to and from work and

other incidental expenses of the offender, when those expenses are incurred by the administrator of the offender's imprisonment;

(3) support of the offender's dependents, if any.

(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
local governmental
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court.  Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
Aid Code.

(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.

(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
the Department.

(e) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

(Source: P.A. 103-379, eff. 7-28-23.)