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| 1 | AN ACT concerning criminal law.
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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 County Jail Act is amended by changing | |||||||||||||||||||
| 5 | Section 5 as follows: | |||||||||||||||||||
| 6 | (730 ILCS 125/5) (from Ch. 75, par. 105)
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| 7 | Sec. 5. Costs of maintaining prisoners. | |||||||||||||||||||
| 8 | (a) Except as provided in subsections (b), and (c), and | |||||||||||||||||||
| 9 | (d), all costs of maintaining persons
committed for violations | |||||||||||||||||||
| 10 | of Illinois law, shall be the responsibility of the
county. | |||||||||||||||||||
| 11 | Except as provided in subsection (b), all costs of maintaining
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| 12 | persons committed under any ordinance or resolution of a unit | |||||||||||||||||||
| 13 | of local
government, including medical costs, is the | |||||||||||||||||||
| 14 | responsibility of the unit of local
government enacting the | |||||||||||||||||||
| 15 | ordinance or resolution, and arresting the person.
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| 16 | (b) If a person who is serving a term of mandatory | |||||||||||||||||||
| 17 | supervised release for a felony is incarcerated in a county | |||||||||||||||||||
| 18 | jail, the
Illinois Department of Corrections shall pay the | |||||||||||||||||||
| 19 | county in which that jail is
located one-half of the cost of | |||||||||||||||||||
| 20 | incarceration, as calculated by the Governor's Office of | |||||||||||||||||||
| 21 | Management and Budget and the county's chief financial | |||||||||||||||||||
| 22 | officer, for each day
that the person remains in the county | |||||||||||||||||||
| 23 | jail after notice of the
incarceration is given to the | |||||||||||||||||||
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| 1 | Illinois Department of
Corrections by the county, provided | ||||||
| 2 | that (i) the Illinois
Department of Corrections has issued a | ||||||
| 3 | warrant for an alleged
violation of mandatory supervised | ||||||
| 4 | release by the person; (ii)
if the person is incarcerated on a | ||||||
| 5 | new charge, unrelated to the
offense for which he or she is on | ||||||
| 6 | mandatory supervised release,
there has been a court hearing | ||||||
| 7 | at which bail has been set on
the new charge; (iii) the county | ||||||
| 8 | has notified the Illinois
Department of Corrections that the | ||||||
| 9 | person is incarcerated in
the county jail, which notice shall | ||||||
| 10 | not be given until the bail
hearing has concluded, if the | ||||||
| 11 | person is incarcerated on a new
charge; and (iv) the person | ||||||
| 12 | remains incarcerated in the county
jail for more than 48 hours | ||||||
| 13 | after the notice has been given to
the Department of | ||||||
| 14 | Corrections by the county. Calculation of the per diem cost
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| 15 | shall be agreed upon prior to the passage of the annual State | ||||||
| 16 | budget.
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| 17 | (c) If a person who is serving a term of mandatory
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| 18 | supervised release is incarcerated in a county jail, following
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| 19 | an arrest on a warrant issued by the Illinois Department of
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| 20 | Corrections, solely for violation of a condition of mandatory
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| 21 | supervised release and not on any new charges for a new
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| 22 | offense, then the Illinois Department of Corrections shall pay
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| 23 | the medical costs incurred by the county in securing treatment
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| 24 | for that person, for any injury or condition other than one
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| 25 | arising out of or in conjunction with the arrest of the person
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| 26 | or resulting from the conduct of county personnel, while he or
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| 1 | she remains in the county jail on the warrant issued by the
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| 2 | Illinois Department of Corrections. | ||||||
| 3 | (d) If the court orders a person who is incarcerated in the | ||||||
| 4 | county jail placed in the custody of the Department of Human | ||||||
| 5 | Services for mental health treatment, and the Department of | ||||||
| 6 | Human Services does not find bed space for that person in a | ||||||
| 7 | Department of Human Services mental health facility within 30 | ||||||
| 8 | days after the sheriff notifies the Department of Human | ||||||
| 9 | Services of the court order, then the State shall reimburse | ||||||
| 10 | the county where the jail is holding the person for the costs | ||||||
| 11 | of maintaining the person beyond the 30-day period after | ||||||
| 12 | notification. | ||||||
| 13 | This subsection (d) applies to a person who: | ||||||
| 14 | (1) has been charged with an offense, is held in | ||||||
| 15 | custody in the county jail, and has been ordered by the | ||||||
| 16 | court to be placed in the custody of the Department of | ||||||
| 17 | Human Services for mental health treatment under Section | ||||||
| 18 | 104-17 of the Code of Criminal Procedure of 1963; or | ||||||
| 19 | (2) has been ordered by the court under the Unified | ||||||
| 20 | Code of Corrections or the Mental Health and Developmental | ||||||
| 21 | Disabilities Code to be placed in the custody of the | ||||||
| 22 | Department of Human Services for mental health treatment | ||||||
| 23 | and who: | ||||||
| 24 | (A) is imprisoned in a county jail for a | ||||||
| 25 | misdemeanor; | ||||||
| 26 | (B) has been sentenced to a county impact | ||||||
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| 1 | incarceration under Section 3-6038 or 3-15003.5 of the | ||||||
| 2 | Counties Code; or | ||||||
| 3 | (C) has been sentenced to a term of periodic | ||||||
| 4 | imprisonment at a county jail under Section 5-7-1 of | ||||||
| 5 | the Unified Code of Corrections.
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| 6 | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)
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