SB2095 Enrolled

LRB096 11440 RLC 21915 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The County Jail Act is amended  by changing 
5
Section 20 as follows:
 



6
    (730 ILCS 125/20)  (from Ch. 75, par. 120)



7
    Sec. 20. Cost and expense; commissary fund. 

8
    (a) The cost and expense of keeping, maintaining and 
9
furnishing
the jail of each county, and of keeping and 
10
maintaining the prisoner thereof,
except as otherwise provided 
11
by law, shall be paid from the county treasury,
the account 
12
therefor being first settled and allowed by the county board.

13
    The county board may require convicted persons confined in 
14
its jail to
reimburse the county for the expenses incurred by 
15
their incarceration to
the extent of their ability to pay for 
16
such expenses.  The warden of the jail
shall establish by 
17
regulation criteria for a reasonable deduction from money

18
credited to any account of an inmate to defray the costs to the 
19
county for an
inmate's medical care. The State's Attorney
of 
20
the county in which such jail is located may, if requested by 
21
the County
Board, institute civil actions in the circuit court 
22
of the county in which
the jail is located to recover from such 
23
convicted confined persons the
expenses incurred by their 
 


 






SB2095 Enrolled
- 2 -
LRB096 11440 RLC 21915 b




1
confinement.  The funds recovered shall
be paid
into the county 
2
treasury.

3
    (a-5) Upon notification from the Clerk of the Circuit Court 
4
of an outstanding fine, restitution, or costs imposed by the 
5
court on a jail inmate, the warden of the jail may, at any time 
6
prior to release of the inmate, deduct from money credited to 
7
any account of the inmate an amount to pay or reduce the 
8
outstanding balance. The warden of the jail shall establish by 
9
regulation criteria for deduction from money credited to any 
10
account of an inmate to pay or reduce the amount outstanding on 
11
a fine, restitution, or costs imposed by the court on the 
12
inmate. The regulation shall comply with any withholding 
13
restrictions otherwise provided by law. The inmate shall be 
14
provided with written notice of the amount of any deduction. 
15
There shall also be prominent notice by signage at any location 
16
where the warden of the jail or jail employees receive funds 
17
for deposit into an inmate's account, that funds in an inmate's 
18
account may be used to pay fines, restitution, or costs imposed 
19
on the inmate by a court. Any person providing funds for an 
20
inmate's account shall be notified in writing when the funds 
21
are provided, that funds in an inmate's account may be used to 
22
pay fines, restitution, or costs imposed on the inmate by a 
23
court. 
24
    (b) When a prisoner is released from the county jail after 
25
the completion
of his or her sentence and has money credited to 
26
his or her account in the
commissary fund, the sheriff or a 
 


 






SB2095 Enrolled
- 3 -
LRB096 11440 RLC 21915 b




1
person acting on the authority of the sheriff
must mail a check 
2
in the amount credited to the prisoner's account to the

3
prisoner's last known address.  If after 30 days from the date 
4
of mailing of
the
check, the check is returned undelivered, the 
5
sheriff must transmit the amount
of the check to the
county 
6
treasurer for deposit into the commissary fund.  Nothing in this

7
subsection (b) constitutes a forfeiture of the prisoner's right 
8
to claim the
money accredited to his or her account after the 
9
30-day period.

10
(Source: P.A. 91-288, eff. 1-1-00.)

 

11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.