96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2095


 
Introduced 2/20/2009, by Sen. Tim Bivins
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 125/20
  from Ch. 75, par. 120







    Amends the County Jail Act.  Provides that upon notification from the Clerk of the Circuit Court of the amount outstanding on a fine, restitution, or costs imposed by the court on a prisoner, the sheriff may prior to release of the prisoner deduct up to that amount from the prisoner's account and forward it to the Clerk of the Circuit Court. Provides that the sheriff shall provide the prisoner with written notice of the amount deducted.  Effective immediately.
















LRB096 11440 RLC 21915 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2095

LRB096 11440 RLC 21915 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 County Jail Act is amended  by changing 
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Section 20 as follows:
 



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    (730 ILCS 125/20)  (from Ch. 75, par. 120)



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    Sec. 20. Cost and expense; commissary fund. 

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    (a) The cost and expense of keeping, maintaining and 
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furnishing
the jail of each county, and of keeping and 
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maintaining the prisoner thereof,
except as otherwise provided 
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by law, shall be paid from the county treasury,
the account 
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therefor being first settled and allowed by the county board.

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    The county board may require convicted persons confined in 
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its jail to
reimburse the county for the expenses incurred by 
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their incarceration to
the extent of their ability to pay for 
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such expenses.  The warden of the jail
shall establish by 
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regulation criteria for a reasonable deduction from money

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credited to any account of an inmate to defray the costs to the 
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county for an
inmate's medical care. The State's Attorney
of 
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the county in which such jail is located may, if requested by 
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the County
Board, institute civil actions in the circuit court 
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of the county in which
the jail is located to recover from such 
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convicted confined persons the
expenses incurred by their 
 


 






SB2095
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LRB096 11440 RLC 21915 b




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confinement.  The funds recovered shall
be paid
into the county 
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treasury.

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    (b) When a prisoner is released from the county jail after 
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the completion
of his or her sentence and has money credited to 
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his or her account in the
commissary fund, the sheriff or a 
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person acting on the authority of the sheriff
must mail a check 
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in the amount credited to the prisoner's account to the

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prisoner's last known address.  If after 30 days from the date 
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of mailing of
the
check, the check is returned undelivered, the 
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sheriff must transmit the amount
of the check to the
county 
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treasurer for deposit into the commissary fund.  Nothing in this

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subsection (b) constitutes a forfeiture of the prisoner's right 
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to claim the
money accredited to his or her account after the 
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30-day period.
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    Upon notification from the Clerk of the Circuit Court of 
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the amount outstanding on a fine, restitution, or costs imposed 
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by the court on a prisoner, the sheriff may prior to release of 
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the prisoner deduct up to that amount from the prisoner's 
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account and forward it to the Clerk of the Circuit Court. The 
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sheriff shall provide the prisoner with written notice of the 
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amount deducted. 

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(Source: P.A. 91-288, eff. 1-1-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.