Full Text of HB4121 098th General Assembly
HB4121 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4121 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 730 ILCS 125/5 | from Ch. 75, par. 105 |
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Amends the County Jail Act. Makes a technical change in a Section concerning
the costs of maintaining prisoners.
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| | A BILL FOR |
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| | | HB4121 | | LRB098 15677 RLC 50708 b |
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| 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 5 as follows: | 6 | | (730 ILCS 125/5) (from Ch. 75, par. 105)
| 7 | | Sec. 5. Costs of maintaining prisoners. | 8 | | (a) Except as provided in subsections (b) and
and (c), all | 9 | | costs of maintaining persons
committed for violations of | 10 | | Illinois law, shall be the responsibility of the
county. Except | 11 | | as provided in subsection (b), all costs of maintaining
persons | 12 | | committed under any ordinance or resolution of a unit of local
| 13 | | government, including medical costs, is the responsibility of | 14 | | the unit of local
government enacting the ordinance or | 15 | | resolution, and arresting the person.
| 16 | | (b) If a person who is serving a term of mandatory | 17 | | supervised release for a felony is incarcerated in a county | 18 | | jail, the
Illinois Department of Corrections shall pay the | 19 | | county in which that jail is
located one-half of the cost of | 20 | | incarceration, as calculated by the Governor's Office of | 21 | | Management and Budget and the county's chief financial officer, | 22 | | for each day
that the person remains in the county jail after | 23 | | notice of the
incarceration is given to the Illinois Department |
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| 1 | | of
Corrections by the county, provided that (i) the Illinois
| 2 | | Department of Corrections has issued a warrant for an alleged
| 3 | | violation of mandatory supervised release by the person; (ii)
| 4 | | if the person is incarcerated on a new charge, unrelated to the
| 5 | | offense for which he or she is on mandatory supervised release,
| 6 | | there has been a court hearing at which bail has been set on
| 7 | | the new charge; (iii) the county has notified the Illinois
| 8 | | Department of Corrections that the person is incarcerated in
| 9 | | the county jail, which notice shall not be given until the bail
| 10 | | hearing has concluded, if the person is incarcerated on a new
| 11 | | charge; and (iv) the person remains incarcerated in the county
| 12 | | jail for more than 48 hours after the notice has been given to
| 13 | | the Department of Corrections by the county. Calculation of the | 14 | | per diem cost
shall be agreed upon prior to the passage of the | 15 | | annual State budget.
| 16 | | (c) If a person who is serving a term of mandatory
| 17 | | supervised release is incarcerated in a county jail, following
| 18 | | an arrest on a warrant issued by the Illinois Department of
| 19 | | Corrections, solely for violation of a condition of mandatory
| 20 | | supervised release and not on any new charges for a new
| 21 | | offense, then the Illinois Department of Corrections shall pay
| 22 | | the medical costs incurred by the county in securing treatment
| 23 | | for that person, for any injury or condition other than one
| 24 | | arising out of or in conjunction with the arrest of the person
| 25 | | or resulting from the conduct of county personnel, while he or
| 26 | | she remains in the county jail on the warrant issued by the
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| 1 | | Illinois Department of Corrections.
| 2 | | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07 .)
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