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90_HB2063
730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
Amends the Unified Code of Corrections. Provides that an
offender, including an offender sentenced to periodic
imprisonment, does not have to be gainfully employed to pay
for the costs of his or her room and board in the penal
institution. Effective immediately.
LRB9005356RCcw
LRB9005356RCcw
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-7-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-7-6 as follows:
7 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5-7-6. Duty of Clerk of Court or the Department of
10 Correction; Collection and Disposition of Compensation.
11 (a) Every gainfully employed offender shall be
12 responsible for managing his or her earnings. The clerk of
13 the circuit court shall have only those responsibilities
14 regarding an offender's earnings as are set forth in this
15 Section.
16 Every offender, including offenders who are sentenced to
17 periodic imprisonment for weekends only, gainfully employed
18 shall pay a fee for room and board at a rate established,
19 with the concurrence of the chief judge of the judicial
20 circuit, by the county board of the county in which the
21 offender is incarcerated. The concurrence of the chief judge
22 shall be in the form of an administrative order. In
23 establishing the fee for room and board consideration may be
24 given to all costs incidental to the incarceration of
25 offenders. If an offender is necessarily absent from the
26 institution at mealtime he or she shall, without additional
27 charge, be furnished with a meal to carry to work. Each week,
28 on a day designated by the clerk of the circuit court, every
29 offender shall pay the clerk the fees for the offender's room
30 and board. Failure to pay the clerk on the day designated
31 shall result in the termination of the offender's release.
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1 All fees for room and board collected by the circuit court
2 clerk shall be disbursed into the county's General Corporate
3 Fund.
4 By order of the court, all or a portion of the earnings
5 of employed offenders shall be turned over to the clerk to be
6 distributed for the following purposes, in the order stated:
7 (1) the room and board of the offender;
8 (2) necessary travel expenses to and from work and
9 other incidental expenses of the offender, when those
10 expenses are incurred by the administrator of the
11 offender's imprisonment;
12 (3) support of the offender's dependents, if any.
13 (b) If the offender has one or more dependents who are
14 recipients of financial assistance pursuant to the Illinois
15 Public Aid Code, or who are residents of a State hospital,
16 State school or foster care facility provided by the State,
17 the court shall order the offender to turn over all or a
18 portion of his earnings to the clerk who shall, after making
19 the deductions provided for under paragraph (a), distribute
20 those earnings to the appropriate agency as reimbursement for
21 the cost of care of such dependents. The order shall permit
22 the Illinois Department of Public Aid or the local
23 governmental unit, as the case may be, to request the clerk
24 that subsequent payments be made directly to the dependents,
25 or to some agency or person in their behalf, upon removal of
26 the dependents from the public aid rolls; and upon such
27 direction and removal of the recipients from the public aid
28 rolls, the Illinois Department of Public Aid or the local
29 governmental unit, as the case requires, shall give written
30 notice of such action to the court. Payments received by the
31 Illinois Department of Public Aid or by governmental units in
32 behalf of recipients of public aid shall be deposited into
33 the General Revenue Fund of the State Treasury or General
34 Assistance Fund of the governmental unit, under Section 10-19
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1 of the Illinois Public Aid Code.
2 (c) The clerk of the circuit court shall keep individual
3 accounts of all money collected by him as required by this
4 Article. He shall deposit all moneys as trustee in a
5 depository designated by the county board and shall make
6 payments required by the court's order from such trustee
7 account. Such accounts shall be subject to audit in the same
8 manner as accounts of the county are audited.
9 (d) If an institution or the Department of Corrections
10 certifies to the court that it can administer this Section
11 with respect to persons committed to it under this Article,
12 the clerk of the court shall be relieved of its duties under
13 this Section and they shall be assumed by such institution or
14 the Department.
15 (Source: P.A. 88-679, eff. 7-1-95; 89-532, eff. 7-19-96.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 5-7-6. Duty of Clerk of Court or the Department of
18 Correction; Collection and Disposition of Compensation.
19 (a) Every gainfully employed offender shall be
20 responsible for managing his or her earnings. The clerk of
21 the circuit court shall have only those responsibilities
22 regarding an offender's earnings as are set forth in this
23 Section.
24 Every offender, including offenders who are sentenced to
25 periodic imprisonment for weekends only, gainfully employed
26 shall pay a fee for room and board at a rate established,
27 with the concurrence of the chief judge of the judicial
28 circuit, by the county board of the county in which the
29 offender is incarcerated. The concurrence of the chief judge
30 shall be in the form of an administrative order. In
31 establishing the fee for room and board consideration may be
32 given to all costs incidental to the incarceration of
33 offenders. If an offender is necessarily absent from the
34 institution at mealtime he or she shall, without additional
-4- LRB9005356RCcw
1 charge, be furnished with a meal to carry to work. Each
2 week, on a day designated by the clerk of the circuit court,
3 every offender shall pay the clerk the fees for the
4 offender's room and board. Failure to pay the clerk on the
5 day designated shall result in the termination of the
6 offender's release. All fees for room and board collected by
7 the circuit court clerk shall be disbursed into the county's
8 General Corporate Fund.
9 By order of the court, all or a portion of the earnings
10 of employed offenders shall be turned over to the clerk to be
11 distributed for the following purposes, in the order stated:
12 (1) the room and board of the offender;
13 (2) necessary travel expenses to and from work and
14 other incidental expenses of the offender, when those
15 expenses are incurred by the administrator of the
16 offender's imprisonment;
17 (3) support of the offender's dependents, if any.
18 (b) If the offender has one or more dependents who are
19 recipients of financial assistance pursuant to the Illinois
20 Public Aid Code, or who are residents of a State hospital,
21 State school or foster care facility provided by the State,
22 the court shall order the offender to turn over all or a
23 portion of his earnings to the clerk who shall, after making
24 the deductions provided for under paragraph (a), distribute
25 those earnings to the appropriate agency as reimbursement for
26 the cost of care of such dependents. The order shall permit
27 the Department of Human Services (acting as successor to the
28 Illinois Department of Public Aid under the Department of
29 Human Services Act) or the local governmental unit, as the
30 case may be, to request the clerk that subsequent payments be
31 made directly to the dependents, or to some agency or person
32 in their behalf, upon removal of the dependents from the
33 public aid rolls; and upon such direction and removal of the
34 recipients from the public aid rolls, the Department of Human
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1 Services or the local governmental unit, as the case
2 requires, shall give written notice of such action to the
3 court. Payments received by the Department of Human Services
4 or by governmental units in behalf of recipients of public
5 aid shall be deposited into the General Revenue Fund of the
6 State Treasury or General Assistance Fund of the governmental
7 unit, under Section 10-19 of the Illinois Public Aid Code.
8 (c) The clerk of the circuit court shall keep individual
9 accounts of all money collected by him as required by this
10 Article. He shall deposit all moneys as trustee in a
11 depository designated by the county board and shall make
12 payments required by the court's order from such trustee
13 account. Such accounts shall be subject to audit in the same
14 manner as accounts of the county are audited.
15 (d) If an institution or the Department of Corrections
16 certifies to the court that it can administer this Section
17 with respect to persons committed to it under this Article,
18 the clerk of the court shall be relieved of its duties under
19 this Section and they shall be assumed by such institution or
20 the Department.
21 (Source: P.A. 88-679, eff. 7-1-95; 89-507, eff. 7-1-97;
22 89-532, eff. 7-19-96; revised 8-26-96.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.