Full Text of HB5870 93rd General Assembly
HB5870ham001 93RD GENERAL ASSEMBLY
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Rep. Patricia Bailey
Filed: 3/31/2004
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| AMENDMENT TO HOUSE BILL 5870
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| AMENDMENT NO. ______. Amend House Bill 5870 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-3-7, 3-7-6, and 5-7-6 as follows: | 6 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
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| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 8 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 10 |
| release shall be such as the Prisoner Review
Board deems | 11 |
| necessary to assist the subject in leading a
law-abiding life. | 12 |
| The conditions of every parole and mandatory
supervised release | 13 |
| are that the subject:
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| (1) not violate any criminal statute of any | 15 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 17 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 19 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 21 |
| home, employment,
or
elsewhere to the
extent necessary for | 22 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 24 |
| instruction or
residence
of persons on
parole or mandatory |
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| supervised release;
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| (6) secure permission before visiting or writing a | 3 |
| committed person in an
Illinois Department
of Corrections | 4 |
| facility;
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| (7) report all arrests to an agent of the Department of | 6 |
| Corrections as
soon as
permitted by the
arresting authority | 7 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 10 |
| Sex Offender
Management Board Act, the individual shall | 11 |
| undergo and successfully complete
sex offender treatment | 12 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 14 |
| provider approved by the Board;
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| (8) obtain permission of an agent of the Department of | 16 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 18 |
| Corrections before
changing
his or her residence or | 19 |
| employment;
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| (10) consent to a search of his or her person, | 21 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 23 |
| other controlled
substances in
any form, or both, or any | 24 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 26 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 28 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 30 |
| parole or mandatory
supervised
release without prior | 31 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 33 |
| as that term is defined in the
Illinois
Streetgang | 34 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 2 |
| relates to his or her
adjustment in the
community while on | 3 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 5 |
| or her parole agent or of
the
Department of Corrections; | 6 |
| and
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| (15) follow any specific instructions provided by the | 8 |
| parole agent that
are consistent
with furthering | 9 |
| conditions set and approved by the Prisoner Review Board or | 10 |
| by
law,
exclusive of placement on electronic detention, to | 11 |
| achieve the goals and
objectives of his
or her parole or | 12 |
| mandatory supervised release or to protect the public. | 13 |
| These
instructions by the parole agent may be modified at | 14 |
| any time, as the agent
deems
appropriate.
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| (b) The Board may in addition to other conditions
require | 16 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 18 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 20 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 27 |
| protection
issued pursuant to the Illinois Domestic | 28 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 29 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; |
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| or
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| (iv) contribute to his own support at home or in a | 3 |
| foster
home.
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 6 |
| person in writing prior to his release, and he shall
sign the | 7 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 9 |
| issued by the
criminal court, shall be retained by the person | 10 |
| and another copy forwarded to
the officer in charge of his | 11 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 14 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 17 |
| release and shall assist inmates in availing themselves
of such | 18 |
| optional services upon their release on a voluntary
basis.
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| (f) In determining the conditions of parole or mandatory | 20 |
| supervised release, the Prisoner Review Board may not take into | 21 |
| consideration the person's assets or the person's ability or | 22 |
| inability to pay for the costs of his or her incarceration.
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| (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04.)
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| (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
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| Sec. 3-7-6. Reimbursement for expenses.
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| (a) Responsibility of committed persons. For the purposes | 27 |
| of this
Section, "committed persons" mean those persons who | 28 |
| through judicial
determination have been placed in the custody | 29 |
| of the Department on the basis of
a conviction as an adult. | 30 |
| Committed
persons whose assets exceed $10,000 (excluding the | 31 |
| value of their primary residence and primary motor vehicle)
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| shall be responsible to reimburse the
Department for the | 33 |
| expenses incurred by their incarceration at a rate to be
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| determined by the Department in accordance with this Section.
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| (1) Committed persons shall fully cooperate with the | 3 |
| Department by
providing complete
financial information for | 4 |
| the purposes under this Section.
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| (2)
The failure of a committed person to fully | 6 |
| cooperate as provided for
in
clauses (3)
and (4) of | 7 |
| subsection (a-5) shall be considered for purposes of a | 8 |
| parole
determination. Any committed person who willfully | 9 |
| refuses to cooperate with the
obligations set forth in this | 10 |
| Section may be subject to the loss of good
conduct credit
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| towards his or her sentence of up to 180 days.
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| (a-5) Assets information form.
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| (1) The Department shall develop a form, which shall be | 14 |
| used by the
Department
to
obtain information from all | 15 |
| committed persons regarding assets of the persons.
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| (2) In order to enable the Department to determine the | 17 |
| financial status of
the
committed
person, the form shall | 18 |
| provide for obtaining the age and marital status of a
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| committed
person, the number and ages of children of the | 20 |
| person, the number and ages of
other
dependents, the type | 21 |
| and value of real estate, the type and value of personal
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| property,
cash and bank accounts, the location of any lock | 23 |
| boxes, the type and value of
investments, pensions and | 24 |
| annuities and any other personalty of significant
cash
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| value, including but not limited to jewelry, art work and | 26 |
| collectables, and all
medical
or dental insurance policies | 27 |
| covering the committed person. The form may also
provide | 28 |
| for other information deemed pertinent by the Department in | 29 |
| the
investigation of a committed person's assets.
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| (3) Upon being developed, the form shall be submitted | 31 |
| to each committed
person
as of
the date the form is | 32 |
| developed and to every committed person who thereafter is
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| sentenced to imprisonment under the jurisdiction of the | 34 |
| Department. The form
may
be resubmitted to a committed |
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| person by the Department for purpose of
obtaining
current | 2 |
| information regarding the assets of the person.
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| (4) Every committed person shall complete the form or | 4 |
| provide for
completion
of the
form and the committed person | 5 |
| shall swear under oath or affirm that to the best
of his
or | 6 |
| her knowledge the information provided is complete and | 7 |
| accurate.
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| (b) Expenses. The rate at which sums to be charged for the | 9 |
| expenses
incurred by a committed person subject to this Section
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| for his or her confinement
shall be computed by
the Department | 11 |
| as the average per capita cost per day for all inmates of that
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| institution or facility for that fiscal year. The average per | 13 |
| capita cost per
day shall be computed by the Department based | 14 |
| on the average per capita cost
per day for the operation of | 15 |
| that institution or facility for the fiscal year
immediately | 16 |
| preceding the period of incarceration for which the rate is | 17 |
| being
calculated. The Department shall establish rules and | 18 |
| regulations providing for
the computation of the above costs, | 19 |
| and shall determine the average per capita
cost per day for | 20 |
| each of its institutions or facilities for each fiscal year.
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| The Department shall have the
power to modify its rules and | 22 |
| regulations, so as to provide for the most
accurate and most | 23 |
| current average per capita cost per day computation. Where
the | 24 |
| committed person is placed in a facility outside the
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| Department, the
Department may pay the actual cost of services | 26 |
| in that facility, and may
collect reimbursement for the entire | 27 |
| amount paid from the committed person
receiving those services.
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| (c) Records. The records of the Department, including, but | 29 |
| not limited to,
those relating to: the average per capita cost | 30 |
| per day for a particular
institution or facility for a | 31 |
| particular year, and the calculation of the
average per capita | 32 |
| cost per day; the average daily population of a particular
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| Department correctional institution or facility for a | 34 |
| particular year; the
specific placement of a particular |
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| committed person in
various Department
correctional | 2 |
| institutions or facilities for various periods of time; and the
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| record of transactions of a particular committed person's
trust | 4 |
| account under
Section 3-4-3 of this Act; may be proved in any | 5 |
| legal proceeding, by a
reproduced copy thereof or by a computer | 6 |
| printout of Department records, under
the certificate of the | 7 |
| Director. If
reproduced copies are used, the Director must | 8 |
| certify that those are true and
exact copies of the records on | 9 |
| file with the Department. If computer
printouts of records of | 10 |
| the Department are offered as proof, the Director must
certify | 11 |
| that those computer printouts are true and exact | 12 |
| representations of
records properly entered into standard | 13 |
| electronic computing equipment, in the
regular course of the | 14 |
| Department's business, at or reasonably near the time of
the | 15 |
| occurrence of the facts recorded, from trustworthy and reliable
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| information. The reproduced copy or computer printout shall, | 17 |
| without further
proof, be admitted into evidence in any legal | 18 |
| proceeding, and shall be prima
facie correct and prima facie | 19 |
| evidence of the accuracy of the information
contained therein.
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| (d) Authority. The Director, or the Director's designee, | 21 |
| may, when he or
she knows or reasonably believes that a | 22 |
| committed person whose assets exceed $10,000 (excluding the | 23 |
| value of his or her primary residence and his or her primary | 24 |
| motor vehicle) , or the estate of that
person, has assets which | 25 |
| may be used to satisfy all or part of a judgment
rendered under | 26 |
| this Act,
or when he or she knows or reasonably believes that
a | 27 |
| committed person whose assets exceed $10,000 (excluding the | 28 |
| value of his or her primary residence and his or her primary | 29 |
| motor vehicle) is engaged in gang-related activity and has a | 30 |
| substantial sum of
money or other assets,
provide for the | 31 |
| forwarding to the Attorney General of a report on the
committed | 32 |
| person and that report shall contain a completed form under
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| subsection (a-5) together with all other information available | 34 |
| concerning the
assets of
the committed person and an estimate |
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| of the total expenses for that committed
person, and
authorize | 2 |
| the Attorney General to institute
proceedings to require the
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| persons, or the estates of the persons, to reimburse the | 4 |
| Department for the
expenses incurred by their incarceration. | 5 |
| The Attorney General, upon
authorization of the Director, or | 6 |
| the Director's designee, shall institute
actions on behalf of | 7 |
| the Department and pursue claims on the Department's
behalf in | 8 |
| probate and bankruptcy proceedings, to recover from committed | 9 |
| persons whose assets exceed $10,000 (excluding the value of | 10 |
| their residence and their primary motor vehicle) the expenses | 11 |
| incurred by
their
confinement.
For purposes of this subsection | 12 |
| (d), "gang-related" activity
has the meaning ascribed to it in | 13 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 14 |
| Prevention Act.
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| (e) Scope and limitations.
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| (1) No action under this Section shall be initiated | 17 |
| more than 2 years
after the release or death of the | 18 |
| committed person in
question.
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| (2) The death of a convicted person, by execution or | 20 |
| otherwise, while
committed to a Department correctional | 21 |
| institution or facility shall not act as
a bar to any | 22 |
| action or proceeding under this Section.
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| (3) The assets of a committed person, for the purposes
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| of this Section,
shall
include any property, tangible or | 25 |
| intangible, real or personal, belonging to
or due to a | 26 |
| committed or formerly committed person including income or | 27 |
| payments
to the person from social security, worker's | 28 |
| compensation, veteran's
compensation, pension benefits, or | 29 |
| from any other source whatsoever and any
and all assets and | 30 |
| property of whatever character held in the name
of the | 31 |
| person, held for the benefit of the person, or payable or | 32 |
| otherwise
deliverable to the person , except his or her | 33 |
| primary residence and a primary motor vehicle . Any trust, | 34 |
| or portion of a trust, of which a
convicted person is a |
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| beneficiary, shall be construed as an asset of the
person, | 2 |
| to the extent that benefits thereunder are required to be | 3 |
| paid to the
person, or shall in fact be paid to the person.
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| At the time of a legal proceeding by the Attorney General | 5 |
| under this Section,
if it appears that the committed person | 6 |
| has any assets which ought to be
subjected to the claim of | 7 |
| the Department under this Section, the court may
issue an | 8 |
| order requiring any person, corporation, or other legal | 9 |
| entity
possessed or having custody of those assets to | 10 |
| appropriate any of the assets
or a portion thereof toward | 11 |
| reimbursing the Department as provided for under
this | 12 |
| Section.
No provision of this Section
shall be construed in | 13 |
| violation of any State or federal limitation on the
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| collection of money judgments.
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| (4) Nothing in this Section shall preclude the | 16 |
| Department from applying
federal benefits that are | 17 |
| specifically provided for the care and treatment of
a | 18 |
| committed person toward the cost of care provided by a
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| State facility or
private agency.
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| (Source: P.A. 92-564, eff. 1-1-03.)
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| (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
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| Sec. 5-7-6. Duty of Clerk of Court or the Department of | 23 |
| Corrections; collection and disposition of compensation.
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| (a) Every gainfully employed offender shall be responsible | 25 |
| for managing his
or her earnings. The clerk of the circuit | 26 |
| court shall have only those
responsibilities regarding an | 27 |
| offender's earnings as are set forth in this
Section.
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| Every offender, including offenders who are sentenced to | 29 |
| periodic
imprisonment for weekends only, gainfully employed
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| shall pay a fee for room and board at a rate established, with | 31 |
| the
concurrence of the chief judge of the judicial circuit, by | 32 |
| the county board of
the county in which the offender is | 33 |
| incarcerated. The concurrence of the chief
judge shall be in |
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| the form of an administrative order. In establishing the fee
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| for room and board consideration may be given to all costs | 3 |
| incidental to the
incarceration of offenders. If an offender is | 4 |
| necessarily absent from the
institution at mealtime he or she | 5 |
| shall, without additional charge, be
furnished with a meal to | 6 |
| carry to work. Each week, on a day designated by the
clerk of | 7 |
| the circuit court,
every offender shall pay the clerk the fees | 8 |
| for the offender's room and board. Failure to pay the clerk
on | 9 |
| the day designated shall result in the termination of the | 10 |
| offender's
release.
All fees for room and board collected by | 11 |
| the circuit court clerk shall be
disbursed into the county's | 12 |
| General Corporate Fund.
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| By order of the court, all or a portion of the earnings of
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| employed offenders shall be turned over to the clerk to be | 15 |
| distributed
for the following purposes, in the order stated:
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| (1) the room and board of the offender;
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| (2) necessary travel expenses to and from work and | 18 |
| other incidental
expenses of the offender, when those | 19 |
| expenses are incurred by the
administrator of the | 20 |
| offender's imprisonment;
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| (3) support of the offender's dependents, if any.
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| (b) If the offender has one or more dependents who are | 23 |
| recipients of
financial assistance pursuant to the Illinois | 24 |
| Public Aid Code, or who are
residents of a State hospital, | 25 |
| State school or foster care facility
provided by the State, the | 26 |
| court shall order the offender to turn over
all or a portion of | 27 |
| his earnings to the clerk who shall, after making
the | 28 |
| deductions provided for under paragraph
(a), distribute those | 29 |
| earnings to the appropriate agency
as reimbursement for the | 30 |
| cost of care of such dependents. The order shall
permit the | 31 |
| Department of Human Services (acting as successor to the | 32 |
| Illinois
Department of Public Aid under the Department of Human | 33 |
| Services Act) or the
local governmental
unit, as the case may | 34 |
| be, to request the clerk that subsequent payments be
made |
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| directly to the dependents, or to some agency or person in | 2 |
| their
behalf, upon removal of the dependents from the public | 3 |
| aid rolls; and upon
such direction and removal of the | 4 |
| recipients from the public aid rolls, the
Department of Human | 5 |
| Services or the local governmental unit, as the
case requires, | 6 |
| shall give written notice of such action to the court. Payments
| 7 |
| received by the Department of Human Services or by
governmental | 8 |
| units in behalf of recipients of public aid shall be deposited
| 9 |
| into the General Revenue Fund of the State Treasury or General | 10 |
| Assistance
Fund of the governmental unit, under Section 10-19 | 11 |
| of the Illinois Public
Aid Code.
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| (c) The clerk of the circuit court shall keep individual | 13 |
| accounts of all
money collected by him as required by this | 14 |
| Article. He shall deposit all
moneys as trustee in a depository | 15 |
| designated by the county board and shall
make payments required | 16 |
| by the court's order from such trustee account. Such
accounts | 17 |
| shall be subject to audit in the same manner as accounts of the
| 18 |
| county are audited.
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| (d) If an institution or the Department of Corrections | 20 |
| certifies to the
court that it can administer this Section with | 21 |
| respect to persons committed
to it under this Article, the | 22 |
| clerk of the court shall be relieved of its
duties under this | 23 |
| Section and they shall be assumed by such institution or
the | 24 |
| Department. | 25 |
| (e) This Section does not apply to a person sentenced to | 26 |
| periodic imprisonment for a felony whose assets do not exceed | 27 |
| $10,000 (excluding the value of his or her primary residence | 28 |
| and his or her primary motor vehicle).
| 29 |
| (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)".
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