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.