Full Text of HB6165 96th General Assembly
HB6165 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6165
Introduced 2/11/2010, by Rep. James D. Brosnahan SYNOPSIS AS INTRODUCED: |
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730 ILCS 110/15.1 |
from Ch. 38, par. 204-7.1 |
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Amends the Probation and Probation Officers Act. Provides that interest earned on monies deposited in a probation and court
services fund shall be deposited in the probation and court services fund (rather than used by the county for its ordinary and contingent expenditures).
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB6165 |
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LRB096 19413 RLC 34804 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 Probation and Probation Officers Act is | 5 |
| amended by changing Section 15.1 as follows: | 6 |
| (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | 7 |
| Sec. 15.1. Probation and Court Services Fund.
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| (a) The county treasurer in each county shall establish a
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| probation and court services fund consisting of fees collected | 10 |
| pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | 11 |
| of Section 5-6-3.1
of the Unified Code of Corrections, | 12 |
| subsection (10) of Section 5-615
and
subsection (5) of Section | 13 |
| 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | 14 |
| subsection (b) of Section 110-10 of the Code of Criminal
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| Procedure of 1963.
The
county treasurer shall disburse monies | 16 |
| from the fund only at the direction
of the chief judge of the | 17 |
| circuit court in such circuit where the county is
located. The | 18 |
| county treasurer of each county shall, on or before January
10 | 19 |
| of each year, submit an annual report to the Supreme Court.
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| (b) Monies in the probation and court services fund shall | 21 |
| be
appropriated by the county board to be used within the | 22 |
| county or
jurisdiction where
collected in accordance
with | 23 |
| policies and guidelines approved by the Supreme Court for the |
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HB6165 |
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LRB096 19413 RLC 34804 b |
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| costs
of operating the probation and court services department | 2 |
| or departments;
however, except as provided in subparagraph | 3 |
| (g), monies
in the probation and court services fund shall not | 4 |
| be used for the payment
of salaries of probation and court | 5 |
| services personnel.
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| (c) Monies expended from the probation and court services | 7 |
| fund shall
be used to supplement, not supplant, county | 8 |
| appropriations for probation
and court services.
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| (d) Interest earned on monies deposited in a probation and | 10 |
| court
services fund shall be deposited in the probation and | 11 |
| court services fund may be used by the county for its ordinary | 12 |
| and contingent
expenditures .
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| (e) The county board may appropriate moneys from the | 14 |
| probation and court
services fund, upon the direction of the | 15 |
| chief judge, to support programs that
are part of the continuum | 16 |
| of juvenile delinquency intervention programs which
are or may | 17 |
| be developed within the county. The grants from the probation | 18 |
| and
court services fund shall be for no more than one year and | 19 |
| may be used for any
expenses attributable to the program | 20 |
| including administration and oversight of
the program by the | 21 |
| probation department.
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| (f) The county board may appropriate moneys from the | 23 |
| probation and court
services fund, upon the direction of the | 24 |
| chief judge, to support practices
endorsed or required under | 25 |
| the Sex Offender Management Board Act, including but
not | 26 |
| limited to sex offender evaluation, treatment, and monitoring |
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HB6165 |
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LRB096 19413 RLC 34804 b |
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| programs that
are or may be developed within the county.
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| (g) For the State Fiscal Years 2005, 2006, and 2007
only, | 3 |
| the Administrative Office of the Illinois Courts may permit a | 4 |
| county or circuit to use its probation and court services fund | 5 |
| for the payment of salaries of probation officers and other | 6 |
| court services personnel whose salaries are reimbursed under | 7 |
| this Act if the State's FY2005, FY2006, or FY2007 appropriation | 8 |
| to the Supreme Court for reimbursement to counties for | 9 |
| probation salaries and services is less than the amount | 10 |
| appropriated to the Supreme Court for these
purposes for State | 11 |
| Fiscal Year 2004. The Administrative Office of the Illinois | 12 |
| Courts shall take into account each county's or circuit's | 13 |
| probation fee collections and expenditures when apportioning | 14 |
| the total reimbursement for each county or circuit.
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| (h) The Administrative Office of the Illinois Courts may | 16 |
| permit a county or circuit to use its probation and court | 17 |
| services fund for the payment of salaries of probation officers | 18 |
| and other court services personnel whose salaries are | 19 |
| reimbursed under this Act in any State fiscal year that the | 20 |
| appropriation for reimbursement to counties for probation | 21 |
| salaries and services is less than the amount appropriated to | 22 |
| the Supreme Court for these purposes for State Fiscal Year | 23 |
| 2002. The Administrative Office of the Illinois Courts shall | 24 |
| take into account each county's or circuit's probation fee | 25 |
| collections and expenditures when appropriating the total | 26 |
| reimbursement for each county or circuit. Any amount |
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HB6165 |
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LRB096 19413 RLC 34804 b |
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| appropriated to the Supreme Court in any State fiscal year for | 2 |
| the purpose of reimbursing Cook County for the salaries and | 3 |
| operations of the Cook County Juvenile Temporary Detention | 4 |
| Center shall not be counted in the total appropriation to the | 5 |
| Supreme Court in that State fiscal year for reimbursement to | 6 |
| counties for probation salaries and services, for the purposes | 7 |
| of this paragraph (h). | 8 |
| (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | 9 |
| eff. 1-11-08.)
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