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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 3-4007, 3-9012, and 4-2001 as follows:
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6 | (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
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7 | Sec. 3-4007. Compensation.
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8 | (a) The public defender
shall be paid out of the county | ||||||
9 | treasury, and, subject to appropriation, shall be paid by the | ||||||
10 | Department of Revenue out of the Personal Property Tax | ||||||
11 | Replacement Fund or the General Revenue Fund as provided
in | ||||||
12 | subsection (b), as the
sole compensation for his or her | ||||||
13 | services a salary in an
amount
fixed by the County Board. When | ||||||
14 | a Public Defender in a county of 30,000 or
more population
is | ||||||
15 | receiving not less than 90% of the compensation of the State's | ||||||
16 | Attorney
of such county, that Public Defender shall not engage | ||||||
17 | in the private
practice of law.
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18 | (b) The State must pay 66 2/3% of the public defender's | ||||||
19 | annual
salary. If the public defender is employed full-time in | ||||||
20 | that capacity, his or
her salary must be at least 90% of that | ||||||
21 | county's State's attorney's annual
compensation. Subject to | ||||||
22 | appropriation, these amounts furnished by the State shall be | ||||||
23 | payable monthly
by
the Department of Revenue out of the |
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1 | Personal Property Tax Replacement Fund or the General Revenue | ||||||
2 | Fund to the county in which each Public Defender is employed.
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3 | (b-5) If a county board adopts a resolution or ordinance to | ||||||
4 | provide additional salary for the State's Attorney under | ||||||
5 | subsection (a-5) of Section 4-2001 of this Code, the county | ||||||
6 | board shall, by resolution, authorize an additional salary | ||||||
7 | increase, equal to at least 90% of the additional salary | ||||||
8 | provided for the State's Attorney, for any full-time Public | ||||||
9 | Defender in the county to be paid from the county treasury. The | ||||||
10 | additional salary shall be effective for the Public Defender | ||||||
11 | immediately, if the resolution or ordinance for the State's | ||||||
12 | Attorney was immediately effective, or at the beginning of the | ||||||
13 | next term of the Public Defender commencing at least 180 days | ||||||
14 | after the county board adopts the resolution or ordinance. | ||||||
15 | (c) In cases where 2 or more adjoining counties have joined
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16 | to form a common office of Public Defender, the salary of the | ||||||
17 | Public
Defender shall be set and paid as provided by a joint | ||||||
18 | resolution of the
various county boards involved. Under | ||||||
19 | subsection (b-5), each county board shall approve, by | ||||||
20 | resolution or ordinance, any provision for additional salary | ||||||
21 | for the Public Defender consistent with the counties' joint | ||||||
22 | resolution to pay the Public Defender.
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23 | (Source: P.A. 97-72, eff. 7-1-11.)
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24 | (55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
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25 | Sec. 3-9012. Compensation. A State's attorney who serves 2 |
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1 | or more counties shall receive such
compensation from the State | ||||||
2 | Treasury as is provided by law for the State's
attorney of a | ||||||
3 | single county. He shall be paid by the counties such
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4 | compensation as may be agreed upon by the county boards within | ||||||
5 | the salary
range prescribed by law applicable to a single | ||||||
6 | county with a population
equal to the combined population of | ||||||
7 | the counties he serves. Unless the
county boards agree upon a | ||||||
8 | lesser amount, he shall be paid the highest
permissible salary | ||||||
9 | within such range. The amount to be paid by the counties
shall | ||||||
10 | be apportioned among them on the basis of their population.
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11 | Seventy-five percent (75%) of the amount provided by law to be | ||||||
12 | paid from
the State treasury for the services of the State's | ||||||
13 | attorney in the case of
a single county is payable to each of | ||||||
14 | the counties served by the same
State's attorney, except that | ||||||
15 | the amounts paid to those counties under this
Section in any | ||||||
16 | year may not exceed, in the aggregate, the annual salary
paid | ||||||
17 | to that State's attorney from both county and State funds, in | ||||||
18 | which
case reduction of the State's contribution to each county | ||||||
19 | shall be reduced
proportionately according to population of | ||||||
20 | each participating county. | ||||||
21 | When the salary is raised under subsection (a-5) of Section | ||||||
22 | 4-2001 of this Code for a State's Attorney who serve 2 or more | ||||||
23 | counties, each county board shall approve, by resolution or | ||||||
24 | ordinance, any provision for additional salary for the State's | ||||||
25 | Attorney consistent with the apportionment based upon county | ||||||
26 | population.
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1 | (Source: P.A. 86-962.)
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2 | (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
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3 | Sec. 4-2001. State's attorney salaries.
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4 | (a) There shall be allowed to the several state's attorneys | ||||||
5 | in this State,
except the state's attorney of Cook County, the | ||||||
6 | following annual salary:
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7 | (1) Subject to paragraph (5), to each state's attorney | ||||||
8 | in counties
containing less than 10,000 inhabitants, | ||||||
9 | $40,500 until December 31, 1988,
$45,500 until June 30, | ||||||
10 | 1994, and $55,500 thereafter or as set by the
Compensation | ||||||
11 | Review Board, whichever is greater.
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12 | (2) Subject to paragraph (5), to each state's attorney | ||||||
13 | in counties
containing 10,000 or more inhabitants but less | ||||||
14 | than 20,000 inhabitants,
$46,500 until December 31, 1988, | ||||||
15 | $61,500 until June 30, 1994, and $71,500
thereafter or as | ||||||
16 | set by the Compensation Review Board, whichever is greater.
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17 | (3) Subject to paragraph (5),
to each state's attorney | ||||||
18 | in counties containing 20,000 or more
but less than 30,000 | ||||||
19 | inhabitants, $51,000 until December 31, 1988,
$65,000 | ||||||
20 | until June 30, 1994, and $75,000
thereafter or as set by | ||||||
21 | the Compensation Review Board, whichever is
greater.
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22 | (4) To each state's attorney in counties of 30,000 or
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23 | more inhabitants, $65,500 until December 31, 1988, $80,000 | ||||||
24 | until June 30,
1994, and $96,837 thereafter or as set by | ||||||
25 | the Compensation Review Board,
whichever is greater.
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1 | (5) Effective December 1,
2000, to each state's | ||||||
2 | attorney in counties containing fewer than
30,000 | ||||||
3 | inhabitants, the same salary plus any cost of living | ||||||
4 | adjustments
as authorized by the Compensation Review Board | ||||||
5 | to take effect after
January 1, 1999, for state's attorneys | ||||||
6 | in counties containing 20,000
or more but fewer than 30,000 | ||||||
7 | inhabitants, or as set by the Compensation
Review Board | ||||||
8 | whichever is greater.
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9 | The State shall furnish 66 2/3% of the total annual | ||||||
10 | compensation
to be paid to each state's attorney in Illinois | ||||||
11 | based on the salary in
effect on December 31, 1988, and , except | ||||||
12 | as otherwise provided in subsection (a-5), 100%
of the | ||||||
13 | increases in salary taking effect after December 31, 1988.
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14 | Subject to appropriation, said amounts furnished by the | ||||||
15 | State shall be payable monthly
by the Department of Revenue out | ||||||
16 | of the Personal Property Tax Replacement Fund or the General | ||||||
17 | Revenue Fund to the county in which each state's attorney is
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18 | elected.
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19 | Each county shall be required to furnish 33 1/3% of the
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20 | total annual compensation to be paid to each state's attorney | ||||||
21 | in Illinois
based on the salary in effect on December 31, 1988. | ||||||
22 | Within 90 days after the effective date of this amendatory | ||||||
23 | Act of the 96th General Assembly, the county board of any | ||||||
24 | county with a population between 15,000 and 50,000 by | ||||||
25 | resolution or ordinance may increase the amount of compensation | ||||||
26 | to be paid to each eligible state's attorney in their county in |
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1 | the form of a longevity stipend which shall be added to and | ||||||
2 | become part of the salary of the state's attorney for that | ||||||
3 | year. To be eligible, the state's attorney must have served in | ||||||
4 | the elected position for at least 20 continuous years and elect | ||||||
5 | to participate in a program for an alternative annuity for | ||||||
6 | county officers and make the required additional optional | ||||||
7 | contributions as authorized by P.A. 90-32.
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8 | (a-5) Notwithstanding any provision of the Compensation | ||||||
9 | Review Act or subsection (a) of this Section to the contrary, a | ||||||
10 | county board may provide for additional salary for the State's | ||||||
11 | Attorney to be paid from the county treasury in addition to the | ||||||
12 | salary authorized by subsection (a). Within 90 days after the | ||||||
13 | effective date of this amendatory Act of the 100th General | ||||||
14 | Assembly, a county board may, by resolution or ordinance, | ||||||
15 | provide for the additional salary authorized by this subsection | ||||||
16 | for the State's Attorney to have immediate effect. On and after | ||||||
17 | 90 days after the effective date of this amendatory Act of the | ||||||
18 | 100th General Assembly, any changes to the provision of | ||||||
19 | additional salary for the State's Attorney authorized by this | ||||||
20 | subsection by a county board shall become effective at the | ||||||
21 | beginning of the next term of the State's Attorney commencing | ||||||
22 | at least 180 days after the county board adopts the resolution | ||||||
23 | or ordinance. | ||||||
24 | (b) Effective December 1, 2000, no state's attorney may | ||||||
25 | engage in
the private practice of law. However, until November | ||||||
26 | 30, 2000,
(i) the state's attorneys in counties containing |
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1 | fewer than 10,000 inhabitants
may engage in the practice of | ||||||
2 | law, and (ii) in any county between 10,000 and
30,000 | ||||||
3 | inhabitants or in any county containing 30,000 or more | ||||||
4 | inhabitants which
reached that population between 1970 and | ||||||
5 | December 31, 1981, the state's
attorney may declare his or her | ||||||
6 | intention to engage in the private practice of
law, and may do | ||||||
7 | so through no later than November 30, 2000, by filing a written
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8 | declaration of intent to engage in the private practice of law | ||||||
9 | with the county
clerk. The declaration of intention shall be | ||||||
10 | irrevocable during the remainder
of the term of office. The | ||||||
11 | declaration shall be filed with the county clerk
within 30 days | ||||||
12 | of certification of election or appointment, or within 60 days
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13 | of March 15, 1989, whichever is later. In that event the annual | ||||||
14 | salary of such
state's attorney shall be as follows:
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15 | (1) In counties containing 10,000 or more inhabitants | ||||||
16 | but less than
20,000 inhabitants, $46,500 until December | ||||||
17 | 31, 1988, $51,500
until June 30, 1994, and $61,500 | ||||||
18 | thereafter or as set by the Compensation
Review Board, | ||||||
19 | whichever is greater.
The State shall furnish 100% of the | ||||||
20 | increases taking
effect after December 31, 1988.
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21 | (2) In counties containing 20,000 or more inhabitants | ||||||
22 | but less than
30,000 inhabitants, and in counties | ||||||
23 | containing 30,000 or more inhabitants
which reached said | ||||||
24 | population between 1970 and December 31, 1981, $51,500
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25 | until December 31, 1988, $56,000 until June 30, 1994, and | ||||||
26 | $65,000
thereafter or as set by the Compensation Review |
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1 | Board, whichever is
greater. The State shall furnish 100% | ||||||
2 | of the
increases taking effect after December 31, 1988.
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3 | (c) In counties where a state mental health institution, as | ||||||
4 | hereinafter
defined, is located, one assistant state's | ||||||
5 | attorney shall, subject to appropriation, receive for his
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6 | services, payable monthly by the Department of Revenue out of | ||||||
7 | the Personal Property Tax Replacement Fund or the General | ||||||
8 | Revenue Fund to the county in which he
is appointed, the | ||||||
9 | following:
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10 | (1) To each assistant state's attorney in counties | ||||||
11 | containing less than
10,000 inhabitants, the sum of $2,500 | ||||||
12 | per annum;
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13 | (2) To each assistant state's attorney in counties | ||||||
14 | containing not less
than 10,000 inhabitants and not more | ||||||
15 | than 20,000 inhabitants, the sum of
$3,500 per annum;
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16 | (3) To each assistant state's attorney in counties | ||||||
17 | containing not less
than 20,000 inhabitants and not more | ||||||
18 | than 30,000 inhabitants, the sum of
$4,000 per annum;
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19 | (4) To each assistant state's attorney in counties | ||||||
20 | containing not less
than 30,000 inhabitants and not more | ||||||
21 | than 40,000 inhabitants, the sum of
$4,500 per annum;
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22 | (5) To each assistant state's attorney in counties | ||||||
23 | containing not less
than 40,000 inhabitants and not more | ||||||
24 | than 70,000 inhabitants, the sum of
$5,000 per annum;
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25 | (6) To each assistant state's attorney in counties | ||||||
26 | containing not less
than 70,000 inhabitants and not more |
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1 | than 1,000,000 inhabitants, the sum
of $6,000 per annum.
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2 | (d) The population of all counties for the purpose of | ||||||
3 | fixing salaries as
herein provided shall be based upon the last | ||||||
4 | Federal census immediately
previous to the appointment of an | ||||||
5 | assistant state's attorney in each county.
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6 | (e) At the request of the county governing authority, in | ||||||
7 | counties where
one or more state correctional institutions, as | ||||||
8 | hereinafter defined, are
located, one or more assistant state's | ||||||
9 | attorneys shall, subject to appropriation, receive for their
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10 | services, provided that such services are performed in | ||||||
11 | connection with the
state correctional institution, payable | ||||||
12 | monthly by the Department of Revenue out of the Personal | ||||||
13 | Property Tax Replacement Fund or the General Revenue Fund to
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14 | the county in which they are appointed, the following:
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15 | (1) $22,000 for each assistant state's attorney in | ||||||
16 | counties with one
or more State correctional institutions | ||||||
17 | with a total average daily inmate
population in excess of | ||||||
18 | 2,000, on the basis of 2 assistant state's
attorneys when | ||||||
19 | the total average daily inmate population exceeds 2,000
but | ||||||
20 | is less than 4,000; and 3 assistant state's attorneys when | ||||||
21 | such
population exceeds 4,000; with reimbursement to be | ||||||
22 | based on actual services
rendered.
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23 | (2) $15,000 per year for one assistant state's attorney | ||||||
24 | in counties
having one or more correctional institutions | ||||||
25 | with a total average daily
inmate population of between 750 | ||||||
26 | and 2,000 inmates, with reimbursement to
be based on actual |
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1 | services rendered.
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2 | (3) A maximum of $12,000 per year for one assistant | ||||||
3 | state's attorney
in counties having less than 750 inmates, | ||||||
4 | with reimbursement to be based on
actual services rendered.
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5 | Upon application of the county governing authority and | ||||||
6 | certification of
the State's Attorney, the Director of | ||||||
7 | Corrections may, in his discretion
and subject to | ||||||
8 | appropriation, increase the amount of salary reimbursement
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9 | to a county in the event special circumstances require the | ||||||
10 | county to incur
extraordinary salary expenditures as a | ||||||
11 | result of services performed in
connection with State | ||||||
12 | correctional institutions in that county.
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13 | In determining whether or not to increase the amount of | ||||||
14 | salary
reimbursement, the Director shall consider, among other | ||||||
15 | matters:
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16 | (1) the nature of the services rendered;
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17 | (2) the results or dispositions obtained;
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18 | (3) whether or not the county was required to employ | ||||||
19 | additional attorney
personnel as a direct result of the | ||||||
20 | services actually rendered in
connection with a particular | ||||||
21 | service to a State correctional institution.
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22 | (f) In counties where a State senior institution of higher | ||||||
23 | education is
located, the assistant state's attorneys | ||||||
24 | specified by this Section shall, subject to appropriation,
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25 | receive for their services, payable monthly by the Department | ||||||
26 | of Revenue out of the Personal Property Tax Replacement Fund or |
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1 | the General Revenue Fund to
the county in which appointed, the | ||||||
2 | following:
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3 | (1) $14,000 per year each for employment on a full time | ||||||
4 | basis for 2
assistant state's attorneys in counties having | ||||||
5 | a State university or
State universities with combined full | ||||||
6 | time enrollment of more than
15,000 students.
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7 | (2) $7,200 per year for one assistant state's attorney | ||||||
8 | with no
limitation on other practice in counties having a | ||||||
9 | State university or
State universities with combined full | ||||||
10 | time enrollment of 10,000 to
15,000 students.
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11 | (3) $4,000 per year for one assistant state's attorney | ||||||
12 | with no
limitation on other practice in counties having a | ||||||
13 | State university or
State universities with combined full | ||||||
14 | time enrollment of less than
10,000 students.
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15 | Such salaries shall be paid to the state's attorney and the | ||||||
16 | assistant
state's attorney in equal monthly installments by | ||||||
17 | such county out of the
county treasury provided that, subject | ||||||
18 | to appropriation, the Department of Revenue shall reimburse | ||||||
19 | each
county monthly, out of the Personal Property Tax | ||||||
20 | Replacement Fund or the General Revenue Fund, the amount of | ||||||
21 | such salary. This
Section shall not prevent the payment of such | ||||||
22 | additional compensation to
the state's attorney or assistant | ||||||
23 | state's attorney of any county, out of
the treasury of that | ||||||
24 | county as may be provided by law.
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25 | (g) For purposes of this Section, "State mental health | ||||||
26 | institution" means
any institution under the jurisdiction of |
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1 | the Department of Human Services
that is listed in Section 4 of | ||||||
2 | the Mental Health and
Developmental Disabilities | ||||||
3 | Administrative Act.
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4 | For purposes of this Section, "State correctional | ||||||
5 | institution" means
any facility of the Department of | ||||||
6 | Corrections including adult facilities,
juvenile facilities, | ||||||
7 | pre-release centers, community correction centers, and
work | ||||||
8 | camps.
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9 | For purposes of this Section, "State university" means the | ||||||
10 | University
of Illinois, Southern Illinois University,
Chicago | ||||||
11 | State University, Eastern Illinois University, Governors State
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12 | University, Illinois State University, Northeastern Illinois | ||||||
13 | University,
Northern Illinois University, Western Illinois | ||||||
14 | University, and any public
community college
which has | ||||||
15 | established a program of interinstitutional cooperation with | ||||||
16 | one
of the foregoing institutions whereby a student, after | ||||||
17 | earning an associate
degree from the community college, pursues | ||||||
18 | a course of study at the
community college campus leading to a | ||||||
19 | baccalaureate degree from the
foregoing institution (also | ||||||
20 | known as a "2 Plus 2" degree program).
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21 | (h) A number of assistant state's attorneys shall be | ||||||
22 | appointed in each
county that chooses to participate, as | ||||||
23 | provided in this subsection,
for the prosecution of | ||||||
24 | alcohol-related traffic offenses. Each county shall
receive | ||||||
25 | monthly a subsidy for payment of the salaries and
benefits of | ||||||
26 | these
assistant state's attorneys from State funds |
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1 | appropriated to the Department of Revenue out of the Personal | ||||||
2 | Property Tax Replacement Fund or the General Revenue Fund for
| ||||||
3 | that purpose. The amounts of subsidies provided by this | ||||||
4 | subsection shall be
adjusted for inflation each July 1 using | ||||||
5 | the Consumer Price Index of the Bureau
of Labor Statistics of | ||||||
6 | the U.S. Department of Labor.
| ||||||
7 | When a county chooses to participate in the subsidy program | ||||||
8 | described in this
subsection (h), the number of assistant | ||||||
9 | state's attorneys who are prosecuting
alcohol-related traffic | ||||||
10 | offenses must increase according to the subsidy
provided in | ||||||
11 | this subsection. These appointed assistant state's attorneys | ||||||
12 | shall
be in addition to any other assistant state's attorneys | ||||||
13 | assigned to those cases
on the effective date of this | ||||||
14 | amendatory Act of the 91st General Assembly, and
may not | ||||||
15 | replace those assistant state's attorneys. In counties where | ||||||
16 | the
state's attorney is the sole prosecutor, this subsidy shall | ||||||
17 | be used to provide
an assistant state's attorney to prosecute | ||||||
18 | alcohol-related traffic offenses
along with the state's | ||||||
19 | attorney. In counties where the state's attorney is the
sole | ||||||
20 | prosecutor, and in counties where a judge presides over cases | ||||||
21 | involving a
variety of misdemeanors, including alcohol-related | ||||||
22 | traffic matters, assistant
state's attorneys appointed and | ||||||
23 | subsidized by this subsection (h) may also
prosecute the | ||||||
24 | different misdemeanor cases at the direction of the state's
| ||||||
25 | attorney.
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26 | Assistant state's attorneys shall be appointed under this |
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1 | subsection in the
following number and counties shall receive | ||||||
2 | the following annual subsidies:
| ||||||
3 | (1) In counties with fewer than 30,000 inhabitants, one | ||||||
4 | at $35,000.
| ||||||
5 | (2) In counties with 30,000 or more but fewer than | ||||||
6 | 100,000
inhabitants, one at $45,000.
| ||||||
7 | (3) In counties with 100,000 or more but fewer than | ||||||
8 | 300,000 inhabitants,
2 at $45,000 each.
| ||||||
9 | (4) In counties, other than Cook County, with 300,000 | ||||||
10 | or more inhabitants,
4 at $50,000 each.
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11 | The amounts appropriated under this Section must be | ||||||
12 | segregated by
population
classification and disbursed monthly.
| ||||||
13 | If in any year the amount appropriated for the purposes of | ||||||
14 | this subsection
(h) is insufficient to pay all of the subsidies | ||||||
15 | specified in this subsection,
the amount appropriated shall | ||||||
16 | first be prorated by the population
classifications of this | ||||||
17 | subsection (h) and then among the counties choosing
to
| ||||||
18 | participate
within each of those classifications. If any of the | ||||||
19 | appropriated moneys for
each population classification remain | ||||||
20 | at the end of a fiscal year,
the remainder of the moneys may be | ||||||
21 | allocated to participating counties that
were not fully funded | ||||||
22 | during the course of the year. Nothing in
this subsection | ||||||
23 | prohibits 2 or more State's attorneys from combining their
| ||||||
24 | subsidies to appoint a joint assistant State's attorney to
| ||||||
25 | prosecute alcohol-related traffic offenses in multiple | ||||||
26 | counties. Nothing in
this subsection prohibits a State's |
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| |||||||
1 | attorney from appointing an
assistant State's attorney by | ||||||
2 | contract or otherwise.
| ||||||
3 | (Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|