96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6165


 
Introduced 2/11/2010, by Rep. James D. Brosnahan
 
SYNOPSIS AS INTRODUCED:
 		





 







730 ILCS 110/15.1
  from Ch. 38, par. 204-7.1









     Amends the Probation and Probation Officers Act.  Provides that interest earned on monies deposited in a probation and court
services fund  shall be deposited in the probation and court services fund (rather than used by the county for its ordinary and contingent expenditures).
  















LRB096 19413 RLC 34804 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






HB6165

LRB096 19413 RLC 34804 b





  
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    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Probation and Probation Officers Act is 
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amended  by changing Section 15.1 as follows:
 
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    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
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    Sec. 15.1. Probation and Court Services Fund.

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    (a) The county treasurer in each county shall establish a

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probation and court services fund consisting of fees collected 
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pursuant to
subsection (i) of Section 5-6-3 and subsection (i) 
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of Section 5-6-3.1
of the Unified Code of Corrections, 
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subsection (10) of Section 5-615
and
subsection (5) of Section 
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5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of 
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subsection (b) of Section 110-10 of the Code of Criminal

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Procedure of 1963.
 The
county treasurer shall disburse monies 
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from the fund only at the direction
of the chief judge of the 
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circuit court in such circuit where the county is
located.  The 
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county treasurer of each county shall, on or before January
10 
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of each year, submit an annual report to the Supreme Court.


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    (b) Monies in the probation and court services fund shall 
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be
appropriated by the county board to be used within the 
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county or
jurisdiction where
collected in accordance
with 
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policies and guidelines approved by the Supreme Court for the 
 


 






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costs
of operating the probation and court services department 
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or departments;
however, except as provided in subparagraph 
3
(g), monies
in the probation and court services fund shall not 
4
be used for the payment
of salaries of probation and court 
5
services personnel.


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    (c) Monies expended from the probation and court services 
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fund shall
be used to supplement, not supplant, county 
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appropriations for probation
and court services.


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    (d) Interest earned on monies deposited in a probation and 
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court
services fund  shall be deposited in the probation and 
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court services fund may be used by the county for its ordinary 
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and contingent
expenditures.


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    (e) The county board may appropriate moneys from the 
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probation and court
services fund, upon the direction of the 
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chief judge, to support programs that
are part of the continuum 
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of juvenile delinquency intervention programs which
are or may 
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be developed within the county.  The grants from the probation 
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and
court services fund shall be for no more than one year and 
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may be used for any
expenses attributable to the program 
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including administration and oversight of
the program by the 
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probation department.


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    (f) The county board may appropriate moneys from the 
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probation and court
services fund, upon the direction of the 
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chief judge, to support practices
endorsed or required under 
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the Sex Offender Management Board Act, including but
not 
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limited to sex offender evaluation, treatment, and monitoring 
 


 






HB6165
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LRB096 19413 RLC 34804 b




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programs that
are or may be developed within the county.


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    (g) For the State Fiscal Years 2005, 2006, and 2007
only, 
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the Administrative Office of the Illinois Courts may permit a 
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county or circuit to use its probation and court services fund 
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for the payment of salaries of probation officers and other 
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court services personnel whose salaries are reimbursed under 
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this Act if the State's FY2005, FY2006, or FY2007 appropriation 
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to the Supreme Court for reimbursement to counties for 
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probation salaries and services is less than the amount 
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appropriated to the Supreme Court for these
purposes for State 
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Fiscal Year 2004. The Administrative Office of the Illinois 
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Courts shall take into account each county's or circuit's 
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probation fee collections and expenditures when apportioning 
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the total reimbursement for each county or circuit.

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    (h) The Administrative Office of the Illinois Courts may 
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permit a county or circuit to use its probation and court 
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services fund for the payment of salaries of probation officers 
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and other court services personnel whose salaries are 
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reimbursed under this Act in any State fiscal year that the 
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appropriation for reimbursement to counties for probation 
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salaries and services is less than the amount appropriated to 
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the Supreme Court for these purposes for State Fiscal Year 
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2002. The Administrative Office of the Illinois Courts shall 
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take into account each county's or circuit's probation fee 
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collections and expenditures when appropriating the total 
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reimbursement for each county or circuit. Any amount 
 


 






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LRB096 19413 RLC 34804 b




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appropriated to the Supreme Court in any State fiscal year for 
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the purpose of reimbursing Cook County for the salaries and 
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operations of the Cook County Juvenile Temporary Detention 
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Center shall not be counted in the total appropriation to the 
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Supreme Court in that State fiscal year for reimbursement to 
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counties for probation salaries and services, for the purposes 
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of this paragraph (h). 
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(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, 
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eff. 1-11-08.)