(730 ILCS 125/5) (from Ch. 75, par. 105) (Text of Section before amendment by P.A. 103-745) Sec. 5. Costs of maintaining prisoners. (a) Except as provided in subsections (b) and (c), all costs of maintaining persons
committed for violations of Illinois law, shall be the responsibility of the
county. Except as provided in subsection (b), all costs of maintaining
persons committed under any ordinance or resolution of a unit of local
government, including medical costs, is the responsibility of the unit of local
government enacting the ordinance or resolution, and arresting the person.
(b) If a person who is serving a term of mandatory supervised release for a felony is incarcerated in a county jail, the
Illinois Department of Corrections shall pay the county in which that jail is
located one-half of the cost of incarceration, as calculated by the Governor's Office of Management and Budget and the county's chief financial officer, for each day
that the person remains in the county jail after notice of the
incarceration is given to the Illinois Department of
Corrections by the county, provided that (i) the Illinois
Department of Corrections has issued a warrant for an alleged
violation of mandatory supervised release by the person; (ii)
if the person is incarcerated on a new charge, unrelated to the
offense for which he or she is on mandatory supervised release,
there has been a court hearing at which the conditions of pretrial release have been set on
the new charge; (iii) the county has notified the Illinois
Department of Corrections that the person is incarcerated in
the county jail, which notice shall not be given until the
hearing has concluded, if the person is incarcerated on a new
charge; and (iv) the person remains incarcerated in the county
jail for more than 48 hours after the notice has been given to
the Department of Corrections by the county. Calculation of the per diem cost
shall be agreed upon prior to the passage of the annual State budget.
(c) If a person who is serving a term of mandatory
supervised release is incarcerated in a county jail, following
an arrest on a warrant issued by the Illinois Department of
Corrections, solely for violation of a condition of mandatory
supervised release and not on any new charges for a new
offense, then the Illinois Department of Corrections shall pay
the medical costs incurred by the county in securing treatment
for that person, for any injury or condition other than one
arising out of or in conjunction with the arrest of the person
or resulting from the conduct of county personnel, while he or
she remains in the county jail on the warrant issued by the
Illinois Department of Corrections.
(Source: P.A. 101-652, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-745) Sec. 5. Costs of maintaining committed persons. (a) Except as provided in subsections (b) and (c), all costs of maintaining persons committed for violations of Illinois law, shall be the responsibility of the county. Except as provided in subsection (b), all costs of maintaining persons committed under any ordinance or resolution of a unit of local government, including medical costs, is the responsibility of the unit of local government enacting the ordinance or resolution, and arresting the person. (b) If a person who is serving a term of mandatory supervised release for a felony is incarcerated in a county jail, the Illinois Department of Corrections shall pay the county in which that jail is located one-half of the cost of incarceration, as calculated by the Governor's Office of Management and Budget and the county's chief financial officer, for each day that the person remains in the county jail after notice of the incarceration is given to the Illinois Department of Corrections by the county, provided that (i) the Illinois Department of Corrections has issued a warrant for an alleged violation of mandatory supervised release by the person; (ii) if the person is incarcerated on a new charge, unrelated to the offense for which he or she is on mandatory supervised release, there has been a court hearing at which the conditions of pretrial release have been set on the new charge; (iii) the county has notified the Illinois Department of Corrections that the person is incarcerated in the county jail, which notice shall not be given until the hearing has concluded, if the person is incarcerated on a new charge; and (iv) the person remains incarcerated in the county jail for more than 48 hours after the notice has been given to the Department of Corrections by the county. Calculation of the per diem cost shall be agreed upon prior to the passage of the annual State budget. (c) If a person who is serving a term of mandatory supervised release is incarcerated in a county jail, following an arrest on a warrant issued by the Illinois Department of Corrections, solely for violation of a condition of mandatory supervised release and not on any new charges for a new offense, then the Illinois Department of Corrections shall pay the medical costs incurred by the county in securing treatment for that person, for any injury or condition other than one arising out of or in conjunction with the arrest of the person or resulting from the conduct of county personnel, while he or she remains in the county jail on the warrant issued by the Illinois Department of Corrections. (Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 125/14) (from Ch. 75, par. 114) (Text of Section before amendment by P.A. 103-745) Sec. 14. At any time, in the opinion of the Warden, the lives or health
of the prisoners are endangered or the security of the penal institution is threatened, to such a degree as to render their removal
necessary, the Warden may cause an individual prisoner or a group of prisoners to be removed to some suitable
place within the county, or to the jail of some convenient county, where
they may be confined until they can be safely returned to the place whence
they were removed. No prisoner charged with a felony shall be removed by
the warden to a Mental Health or Developmental Disabilities facility as
defined in the Mental Health and Developmental Disabilities Code, except as
specifically authorized by Article 104 or 115 of the Code of Criminal Procedure of
1963, or the Mental Health and Developmental Disabilities Code. Any place
to which the prisoners are so removed shall,
during their imprisonment there, be deemed, as to such prisoners, a prison
of the county in which they were originally confined; but, they shall be
under the care, government and direction of the Warden of the jail of the
county in which they are confined. When any criminal detainee is transferred to the custody of the Department of Human Services, the warden shall supply the Department of Human Services with all of the legally available information as described in 20 Ill. Adm. Code 701.60(f).
When a criminal detainee is delivered to the custody of the Department, the following information must be included with the items delivered: (1) the sentence imposed; (2) any findings of great bodily harm made by |
|
(3) any statement by the court on the basis
|
| for imposing the sentence;
|
|
(4) any presentence reports;
(5) any sex offender evaluations;
(6) any substance abuse treatment eligibility
|
| screening and assessment of the criminal detainee by an agent designated by the State to provide assessments for Illinois courts;
|
|
(7) the number of days, if any, which the
|
| criminal detainee has been in custody and for which he or she is entitled to credit against the sentence. Certification of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment;
|
|
(8) State's Attorney's statement of facts,
|
| including the facts and circumstances of the offenses for which the criminal detainee was committed, any other factual information accessible to the State's Attorney prior to the commitment to the Department relative to the criminal detainee's habits, associates, disposition, and reputation or other information that may aid the Department during the custody of the criminal detainee. If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court;
|
|
(9) any medical or mental health records or
|
|
(10) any victim impact statements;
(11) name of municipalities where the arrest
|
| of the criminal detainee and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons;
|
|
(12) all additional matters that the court
|
| directs the clerk to transmit;
|
|
(13) a record of the criminal detainee's time
|
| and his or her behavior and conduct while in the custody of the county. Any action on the part of the criminal detainee that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt should be included in the record; and
|
|
(14) the mittimus or sentence (judgment)
|
| order that provides the following information:
|
|
(A) the criminal case number, names and
|
| citations of the offenses, judge's name, date of sentence, and, if applicable, whether the sentences are to be served concurrently or consecutively;
|
|
(B) the number of days spent in custody;
|
|
(C) if applicable, the calculation of
|
| pre-trial program sentence credit awarded by the court to the criminal detainee, including, at a minimum, identification of the type of pre-trial program the criminal detainee participated in and the number of eligible days the court finds the criminal detainee spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.
|
|
(Source: P.A. 99-215, eff. 7-31-15.)
(Text of Section after amendment by P.A. 103-745)
Sec. 14. At any time, in the opinion of the Warden, the lives or health of the committed persons are endangered or the security of the penal institution is threatened, to such a degree as to render their removal necessary, the Warden may cause an individual committed person or a group of committed persons to be removed to some suitable place within the county, or to the jail of some convenient county, where they may be confined until they can be safely returned to the place whence they were removed. No committed person charged with a felony shall be removed by the warden to a Mental Health or Developmental Disabilities facility as defined in the Mental Health and Developmental Disabilities Code, except as specifically authorized by Article 104 or 115 of the Code of Criminal Procedure of 1963, or the Mental Health and Developmental Disabilities Code. Any place to which the committed persons are so removed shall, during their imprisonment there, be deemed, as to such committed persons, a prison of the county in which they were originally confined; but, they shall be under the care, government and direction of the Warden of the jail of the county in which they are confined. When any criminal detainee is transferred to the custody of the Department of Human Services, the warden shall supply the Department of Human Services with all of the legally available information as described in 20 Ill. Adm. Code 701.60(f). When a criminal detainee is delivered to the custody of the Department, the following information must be included with the items delivered:
(1) the sentence imposed;
(2) any findings of great bodily harm made by the
|
|
(3) any statement by the court on the basis for
|
|
(4) any presentence reports;
(5) any sex offender evaluations;
(6) any substance abuse treatment eligibility
|
| screening and assessment of the criminal detainee by an agent designated by the State to provide assessments for Illinois courts;
|
|
(7) the number of days, if any, which the criminal
|
| detainee has been in custody and for which he or she is entitled to credit against the sentence. Certification of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment;
|
|
(8) State's Attorney's statement of facts, including
|
| the facts and circumstances of the offenses for which the criminal detainee was committed, any other factual information accessible to the State's Attorney prior to the commitment to the Department relative to the criminal detainee's habits, associates, disposition, and reputation or other information that may aid the Department during the custody of the criminal detainee. If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court;
|
|
(9) any medical or mental health records or summaries;
(10) any victim impact statements;
(11) name of municipalities where the arrest of the
|
| criminal detainee and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons;
|
|
(12) all additional matters that the court directs
|
|
(13) a record of the criminal detainee's time and his
|
| or her behavior and conduct while in the custody of the county. Any action on the part of the criminal detainee that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt should be included in the record; and
|
|
(14) the mittimus or sentence (judgment) order that
|
| provides the following information:
|
|
(A) the criminal case number, names and citations
|
| of the offenses, judge's name, date of sentence, and, if applicable, whether the sentences are to be served concurrently or consecutively;
|
|
(B) the number of days spent in custody; and
(C) if applicable, the calculation of pre-trial
|
| program sentence credit awarded by the court to the criminal detainee, including, at a minimum, identification of the type of pre-trial program the criminal detainee participated in and the number of eligible days the court finds the criminal detainee spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.
|
|
(Source: P.A. 103-745, eff. 1-1-25.)
|
(730 ILCS 125/17) (from Ch. 75, par. 117) (Text of Section before amendment by P.A. 103-745) Sec. 17. Bedding, clothing, fuel, and medical aid; reimbursement for medical
expenses. The Warden of the jail shall furnish necessary bedding,
clothing,
fuel, and medical services for all prisoners under his charge, and keep an accurate
account of the same. When services that result in qualified medical expenses
are required by any
person held
in custody, the county, private hospital,
physician or any public agency
which provides such services shall be entitled to obtain reimbursement from
the county for the cost of such services. The county board of a
county may
adopt an ordinance or resolution providing for reimbursement for the cost of
those services at the Department of Healthcare and Family Services' rates for medical
assistance.
To the extent that such person
is reasonably able to pay for such care, including reimbursement from any
insurance program or from other medical benefit programs available to such
person, he or she shall reimburse the county or arresting authority.
If such person
has already
been determined eligible for medical assistance under the Illinois Public
Aid Code at the time the person is detained,
the
cost of such services, to the extent such cost exceeds $500, shall be
reimbursed by the Department of Healthcare and Family Services under that Code. A reimbursement
under any public or private program authorized by this Section shall be
paid to the county or arresting authority to the
same extent as would have been obtained had the services been rendered in
a non-custodial environment. The sheriff or his or her designee may cause an application for medical assistance under the Illinois Public Aid Code to be completed for an arrestee who is a hospital inpatient. If such arrestee is determined eligible, he or she shall receive medical assistance under the Code for hospital inpatient services only. An arresting authority shall be responsible for any qualified medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the sheriff.
When medical expenses
are required by any person held in custody,
the county shall be entitled to obtain reimbursement
from the
County Jail
Medical Costs Fund to the extent moneys are available from the Fund. To the
extent that the person is reasonably able to pay
for that care, including reimbursement from any insurance program or from other
medical benefit programs available to the person, he or she shall reimburse the
county. For the purposes of this Section, "arresting authority" means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person. For the purposes
of this Section, "qualified medical expenses" include medical and hospital services but do not include (i)
expenses incurred for medical care or treatment
provided to a person on account of a self-inflicted
injury incurred prior to or in the course of an arrest, (ii) expenses
incurred for medical care or treatment provided to a person on account
of a health condition of that person which existed prior to the time of his
or her arrest, or (iii) expenses for hospital inpatient services for arrestees enrolled for medical assistance under the Illinois Public Aid Code.(Source: P.A. 100-987, eff. 7-1-19.) (Text of Section after amendment by P.A. 103-745) Sec. 17. Bedding, clothing, fuel, and medical aid; reimbursement for medical expenses. The Warden of the jail shall furnish necessary bedding, clothing, fuel, and medical services for all committed persons under his charge, and keep an accurate account of the same. When services that result in qualified medical expenses are required by any person held in custody, the county, private hospital, physician or any public agency which provides such services shall be entitled to obtain reimbursement from the county for the cost of such services. The county board of a county may adopt an ordinance or resolution providing for reimbursement for the cost of those services at the Department of Healthcare and Family Services' rates for medical assistance. To the extent that such person is reasonably able to pay for such care, including reimbursement from any insurance program or from other medical benefit programs available to such person, he or she shall reimburse the county or arresting authority. If such person has already been determined eligible for medical assistance under the Illinois Public Aid Code at the time the person is detained, the cost of such services, to the extent such cost exceeds $500, shall be reimbursed by the Department of Healthcare and Family Services under that Code. A reimbursement under any public or private program authorized by this Section shall be paid to the county or arresting authority to the same extent as would have been obtained had the services been rendered in a non-custodial environment. The sheriff or his or her designee may cause an application for medical assistance under the Illinois Public Aid Code to be completed for an arrestee who is a hospital inpatient. If such arrestee is determined eligible, he or she shall receive medical assistance under the Code for hospital inpatient services only. An arresting authority shall be responsible for any qualified medical expenses relating to the arrestee until such time as the arrestee is placed in the custody of the sheriff. However, the arresting authority shall not be so responsible if the arrest was made pursuant to a request by the sheriff. When medical expenses are required by any person held in custody, the county shall be entitled to obtain reimbursement from the County Jail Medical Costs Fund to the extent moneys are available from the Fund. To the extent that the person is reasonably able to pay for that care, including reimbursement from any insurance program or from other medical benefit programs available to the person, he or she shall reimburse the county. For the purposes of this Section, "arresting authority" means a unit of local government, other than a county, which employs peace officers and whose peace officers have made the arrest of a person. For the purposes of this Section, "qualified medical expenses" include medical and hospital services but do not include (i) expenses incurred for medical care or treatment provided to a person on account of a self-inflicted injury incurred prior to or in the course of an arrest, (ii) expenses incurred for medical care or treatment provided to a person on account of a health condition of that person which existed prior to the time of his or her arrest, or (iii) expenses for hospital inpatient services for arrestees enrolled for medical assistance under the Illinois Public Aid Code.(Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 125/17.7) (Text of Section before amendment by P.A. 103-745) Sec. 17.7. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the sheriff with educational programming relating to pregnancy and parenting and the sheriff shall provide the programming to pregnant prisoners. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and |
| drugs on a developing fetus;
|
|
(3) parenting skills; and
(4) medical and mental health issues applicable to
|
|
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
(Text of Section after amendment by P.A. 103-745)
Sec. 17.7. Educational programming and information for pregnant committed persons.
(a) The Illinois Department of Public Health shall provide the sheriff with educational programming relating to pregnancy and parenting and the sheriff shall provide the programming to pregnant committed persons. The programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and
|
| drugs on a developing fetus;
|
|
(3) parenting skills; and
(4) medical and mental health issues applicable to
|
|
(b) Each sheriff shall provide informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health shall provide these informational materials to the warden or the sheriff at no cost to the county and the county may accept informational materials from community-based organizations specializing in the rights of pregnant committed persons. The informational materials must include information regarding:
(1) the prohibition against the use of restraints;
(2) rules concerning the treatment of pregnant
|
| committed persons, including those relating to bed height and supplemental nutrition;
|
|
(3) the right to spend time with a child following
|
|
(4) the requirement to provide educational
|
|
(5) all rights under the Reproductive Health Act;
(6) the procedure for obtaining an abortion, if so
|
|
(7) the procedure for obtaining information about
|
| guardianship or adoption resources, if so desired;
|
|
(8) any new or additional laws concerning the rights
|
| of pregnant committed persons; and
|
|
(9) the address or contact information for community
|
| organizations specializing in the rights of pregnant committed persons for questions or concerns.
|
|
(c) Each sheriff must also post informational flyers provided by the Department of Public Health wherever pregnant committed persons may be housed.
(Source: P.A. 102-28, eff. 6-25-21; 103-745, eff. 1-1-25.)
|
(730 ILCS 125/17.10) (Text of Section before amendment by P.A. 103-745) Sec. 17.10. Requirements in connection with HIV/AIDS. (a) In each county other than Cook, during the medical admissions exam, the warden of the jail, a correctional officer at the jail, or a member of the jail medical staff must provide the prisoner with appropriate written information concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the county. The warden, a correctional officer, or a member of the jail medical staff must inform the prisoner of the option of being tested for infection with HIV by a certified local community-based agency or other available medical provider at no charge to the prisoner. (b) In Cook County, during the medical admissions exam, an employee of the Cook County Health & Hospitals System must provide the prisoner with appropriate information in writing, verbally or by video or other electronic means concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) and must also provide the prisoner with option of testing for infection with HIV or any other identified causative agent of AIDS, as well as counseling in connection with such testing. The Cook County Health & Hospitals System may provide the inmate with opt-out human immunodeficiency virus (HIV) testing, as defined in Section 4 of the AIDS Confidentiality Act, unless the inmate refuses. If opt-out HIV testing is conducted, the Cook County Health & Hospitals System shall place signs in English, Spanish, and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. Pre-test information shall be provided to the inmate and informed consent obtained from the inmate as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Cook County Health & Hospitals System shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All aspects of HIV testing shall comply with the requirements of the AIDS Confidentiality Act, including delivery of test results, as determined by the Cook County Health & Hospitals System in consultation with the Illinois Department of Public Health. Nothing in this Section shall require the Cook County Health & Hospitals System to offer HIV testing to inmates who are known to be infected with HIV. The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing may provide these informational materials to the Bureau at no cost to the county. The testing provided under this subsection (b) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. (c) In each county, the warden of the jail must make appropriate written information concerning HIV/AIDS available to every visitor to the jail. This information must include information concerning persons or entities to contact for local counseling and testing. The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the office of the county sheriff. (d) Implementation of this Section is subject to appropriation.(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.) (Text of Section after amendment by P.A. 103-745) Sec. 17.10. Requirements in connection with HIV/AIDS. (a) In each county other than Cook, during the medical admissions exam, the warden of the jail, a correctional officer at the jail, or a member of the jail medical staff must provide the committed person with appropriate written information concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the county. The warden, a correctional officer, or a member of the jail medical staff must inform the committed person of the option of being tested for infection with HIV by a certified local community-based agency or other available medical provider at no charge to the committed person. (b) In Cook County, during the medical admissions exam, an employee of the Cook County Health & Hospitals System must provide the committed person with appropriate information in writing, verbally or by video or other electronic means concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) and must also provide the committed person with option of testing for infection with HIV or any other identified causative agent of AIDS, as well as counseling in connection with such testing. The Cook County Health & Hospitals System may provide the inmate with opt-out human immunodeficiency virus (HIV) testing, as defined in Section 4 of the AIDS Confidentiality Act, unless the inmate refuses. If opt-out HIV testing is conducted, the Cook County Health & Hospitals System shall place signs in English, Spanish, and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. Pre-test information shall be provided to the inmate and informed consent obtained from the inmate as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Cook County Health & Hospitals System shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All aspects of HIV testing shall comply with the requirements of the AIDS Confidentiality Act, including delivery of test results, as determined by the Cook County Health & Hospitals System in consultation with the Illinois Department of Public Health. Nothing in this Section shall require the Cook County Health & Hospitals System to offer HIV testing to inmates who are known to be infected with HIV. The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing may provide these informational materials to the Bureau at no cost to the county. The testing provided under this subsection (b) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. (c) In each county, the warden of the jail must make appropriate written information concerning HIV/AIDS available to every visitor to the jail. This information must include information concerning persons or entities to contact for local counseling and testing. The Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the office of the county sheriff. (d) Implementation of this Section is subject to appropriation.(Source: P.A. 103-745, eff. 1-1-25.) |
(730 ILCS 125/20) (from Ch. 75, par. 120) (Text of Section before amendment by P.A. 103-745) Sec. 20. Cost and expense; commissary fund. (a) The cost and expense of keeping, maintaining and furnishing
the jail of each county, and of keeping and maintaining the prisoner thereof,
except as otherwise provided by law, shall be paid from the county treasury,
the account therefor being first settled and allowed by the county board. The county board may require convicted persons confined in its jail to
reimburse the county for the expenses incurred by their incarceration to
the extent of their ability to pay for such expenses. The warden of the jail
shall establish by regulation criteria for a reasonable deduction from money
credited to any account of an inmate to defray the costs to the county for an
inmate's medical care. The State's Attorney
of the county in which such jail is located may, if requested by the County
Board, institute civil actions in the circuit court of the county in which
the jail is located to recover from such convicted confined persons the
expenses incurred by their confinement. The funds recovered shall
be paid
into the county treasury. (a-5) Upon notification from the Clerk of the Circuit Court of an outstanding fine, restitution, or costs imposed by the court on a jail inmate, the warden of the jail may, at any time prior to release of the inmate, deduct from money credited to any account of the inmate an amount to pay or reduce the outstanding balance. The warden of the jail shall establish by regulation criteria for deduction from money credited to any account of an inmate to pay or reduce the amount outstanding on a fine, restitution, or costs imposed by the court on the inmate. The regulation shall comply with any withholding restrictions otherwise provided by law. The inmate shall be provided with written notice of the amount of any deduction. There shall also be prominent notice by signage at any location where the warden of the jail or jail employees receive funds for deposit into an inmate's account, that funds in an inmate's account may be used to pay fines, restitution, or costs imposed on the inmate by a court. Any person providing funds for an inmate's account shall be notified in writing when the funds are provided, that funds in an inmate's account may be used to pay fines, restitution, or costs imposed on the inmate by a court. (b) When a prisoner is released from the county jail after the completion
of his or her sentence and has money credited to his or her account in the
commissary fund, the sheriff or a person acting on the authority of the sheriff
must mail a check in the amount credited to the prisoner's account to the
prisoner's last known address. If after 30 days from the date of mailing of
the
check, the check is returned undelivered, the sheriff must transmit the amount
of the check to the
county treasurer for deposit into the commissary fund. Nothing in this
subsection (b) constitutes a forfeiture of the prisoner's right to claim the
money accredited to his or her account after the 30-day period.(Source: P.A. 96-432, eff. 8-13-09.) (Text of Section after amendment by P.A. 103-745) Sec. 20. Cost and expense; commissary fund. (a) The cost and expense of keeping, maintaining and furnishing the jail of each county, and of keeping and maintaining the committed person thereof, except as otherwise provided by law, shall be paid from the county treasury, the account therefor being first settled and allowed by the county board. The county board may require convicted persons confined in its jail to reimburse the county for the expenses incurred by their incarceration to the extent of their ability to pay for such expenses. The warden of the jail shall establish by regulation criteria for a reasonable deduction from money credited to any account of an inmate to defray the costs to the county for an inmate's medical care. The State's Attorney of the county in which such jail is located may, if requested by the County Board, institute civil actions in the circuit court of the county in which the jail is located to recover from such convicted confined persons the expenses incurred by their confinement. The funds recovered shall be paid into the county treasury. (a-5) Upon notification from the Clerk of the Circuit Court of an outstanding fine, restitution, or costs imposed by the court on a jail inmate, the warden of the jail may, at any time prior to release of the inmate, deduct from money credited to any account of the inmate an amount to pay or reduce the outstanding balance. The warden of the jail shall establish by regulation criteria for deduction from money credited to any account of an inmate to pay or reduce the amount outstanding on a fine, restitution, or costs imposed by the court on the inmate. The regulation shall comply with any withholding restrictions otherwise provided by law. The inmate shall be provided with written notice of the amount of any deduction. There shall also be prominent notice by signage at any location where the warden of the jail or jail employees receive funds for deposit into an inmate's account, that funds in an inmate's account may be used to pay fines, restitution, or costs imposed on the inmate by a court. Any person providing funds for an inmate's account shall be notified in writing when the funds are provided, that funds in an inmate's account may be used to pay fines, restitution, or costs imposed on the inmate by a court. (b) When a committed person is released from the county jail after the completion of his or her sentence and has money credited to his or her account in the commissary fund, the sheriff or a person acting on the authority of the sheriff must mail a check in the amount credited to the committed person's account to the committed person's last known address. If after 30 days from the date of mailing of the check, the check is returned undelivered, the sheriff must transmit the amount of the check to the county treasurer for deposit into the commissary fund. Nothing in this subsection (b) constitutes a forfeiture of the committed person's right to claim the money accredited to his or her account after the 30-day period.(Source: P.A. 103-745, eff. 1-1-25.) |