Full Text of HB1446 97th General Assembly
HB1446ham001 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 2/24/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1446
| 2 | | AMENDMENT NO. ______. Amend House Bill 1446 by replacing | 3 | | the title with the following: | 4 | | "AN ACT in relation to criminal justice."; and | 5 | | by replacing everything after the enacting clause with the | 6 | | following:
| 7 | | "Section 5. The Probation and Probation Officers Act is | 8 | | amended by changing Section 15.1 as follows: | 9 | | (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | 10 | | Sec. 15.1. Probation and Court Services Fund.
| 11 | | (a) The county treasurer in each county shall establish a
| 12 | | probation and court services fund consisting of fees collected | 13 | | pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | 14 | | of Section 5-6-3.1
of the Unified Code of Corrections, | 15 | | subsection (10) of Section 5-615
and
subsection (5) of Section |
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| 1 | | 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | 2 | | subsection (b) of Section 110-10 of the Code of Criminal
| 3 | | Procedure of 1963.
The
county treasurer shall disburse monies | 4 | | from the fund only at the direction
of the chief judge of the | 5 | | circuit court in such circuit where the county is
located. The | 6 | | county treasurer of each county shall, on or before January
10 | 7 | | of each year, submit an annual report to the Supreme Court.
| 8 | | (b) Monies in the probation and court services fund shall | 9 | | be
appropriated by the county board to be used within the | 10 | | county or
jurisdiction where
collected in accordance
with | 11 | | policies and guidelines approved by the Supreme Court for the | 12 | | costs
of operating the probation and court services department | 13 | | or departments;
however, except as provided in subparagraph | 14 | | (g), monies
in the probation and court services fund shall not | 15 | | be used for the payment
of salaries of probation and court | 16 | | services personnel.
| 17 | | (c) Monies expended from the probation and court services | 18 | | fund shall
be used to supplement, not supplant, county | 19 | | appropriations for probation
and court services.
| 20 | | (d) Interest earned on monies deposited in a probation and | 21 | | court
services fund may be used by the county for its ordinary | 22 | | and contingent
expenditures.
| 23 | | (e) The county board may appropriate moneys from the | 24 | | probation and court
services fund, upon the direction of the | 25 | | chief judge, to support programs that
are part of the continuum | 26 | | of juvenile delinquency intervention programs which
are or may |
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| 1 | | be developed within the county. The grants from the probation | 2 | | and
court services fund shall be for no more than one year and | 3 | | may be used for any
expenses attributable to the program | 4 | | including administration and oversight of
the program by the | 5 | | probation department.
| 6 | | (f) The county board may appropriate moneys from the | 7 | | probation and court
services fund, upon the direction of the | 8 | | chief judge, to support practices
endorsed or required under | 9 | | the Sex Offender Management Board Act, including but
not | 10 | | limited to sex offender evaluation, treatment, and monitoring | 11 | | programs that
are or may be developed within the county.
| 12 | | (g) (Blank). For the State Fiscal Years 2005, 2006, and | 13 | | 2007
only, the Administrative Office of the Illinois Courts may | 14 | | permit a county or circuit to use its probation and court | 15 | | services fund for the payment of salaries of probation officers | 16 | | and other court services personnel whose salaries are | 17 | | reimbursed under this Act if the State's FY2005, FY2006, or | 18 | | FY2007 appropriation to the Supreme Court for reimbursement to | 19 | | counties for probation salaries and services is less than the | 20 | | amount appropriated to the Supreme Court for these
purposes for | 21 | | State Fiscal Year 2004. The Administrative Office of the | 22 | | Illinois Courts shall take into account each county's or | 23 | | circuit's probation fee collections and expenditures when | 24 | | apportioning the total reimbursement for each county or | 25 | | circuit.
| 26 | | (h) The Administrative Office of the Illinois Courts may |
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| 1 | | permit a county or circuit to use its probation and court | 2 | | services fund for the payment of salaries of probation officers | 3 | | and other court services personnel whose salaries are | 4 | | reimbursed under this Act in any State fiscal year that the | 5 | | appropriation for reimbursement to counties for probation | 6 | | salaries and services is less than the amount appropriated to | 7 | | the Supreme Court for these purposes for State Fiscal Year | 8 | | 2002. The Administrative Office of the Illinois Courts shall | 9 | | take into account each county's or circuit's probation fee | 10 | | collections and expenditures when appropriating the total | 11 | | reimbursement for each county or circuit. Any amount | 12 | | appropriated to the Supreme Court in any State fiscal year for | 13 | | the purpose of reimbursing Cook County for the salaries and | 14 | | operations of the Cook County Juvenile Temporary Detention | 15 | | Center shall not be counted in the total appropriation to the | 16 | | Supreme Court in that State fiscal year for reimbursement to | 17 | | counties for probation salaries and services, for the purposes | 18 | | of this paragraph (h). | 19 | | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | 20 | | eff. 1-11-08.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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