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90_SB0508eng
730 ILCS 5/3-7-6 from Ch. 38, par. 1003-7-6
735 ILCS 5/4-101 from Ch. 110, par. 4-101
Amends the Unified Code of Corrections and the Code of
Civil Procedure. Reenacts the provisions of Public Act
89-428 relating to prisoner reimbursement for costs of
incarceration (Section 3-7-6 of the Unified Code of
Corrections and Section 4-101 of the Code of Civil
Procedure). Also reenacts the changes made to Section 3-7-6
of the Unified Code of Corrections that were made by Public
Act 89-688. Effective immediately.
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1 AN ACT to reenact certain provisions of Public Acts
2 89-428 and 89-688, relating to prisoner reimbursement for
3 expenses of incarceration.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Unified Code of Corrections is amended by
7 changing Section 3-7-6 as follows:
8 (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
9 Sec. 3-7-6. Reimbursement for expenses.
10 (a) Responsibility. Convicted persons committed to the
11 Department correctional institutions or facilities shall be
12 responsible to reimburse the Department for the expenses
13 incurred by their incarceration at a rate to be determined by
14 the Department in accordance with this Section.
15 (b) Expenses. The rate at which sums to be charged for
16 the expenses incurred by a convicted person committed to
17 Department correctional institutions or facilities for his or
18 her incarceration shall be computed by the Department as the
19 average per capita cost per day for all inmates of that
20 institution or facility for that fiscal year. The average
21 per capita cost per day shall be computed by the Department
22 based on the average per capita cost per day for the
23 operation of that institution or facility for the fiscal year
24 immediately preceding the period of incarceration for which
25 the rate is being calculated. The Department shall establish
26 rules and regulations providing for the computation of the
27 above costs, and shall determine the average per capita cost
28 per day for each of its institutions or facilities for each
29 fiscal year. The Department shall have the power to modify
30 its rules and regulations, so as to provide for the most
31 accurate and most current average per capita cost per day
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1 computation. Where the convicted person is placed in a
2 facility outside the Department, the Department may pay the
3 actual cost of services in that facility, and may collect
4 reimbursement for the entire amount paid from the convicted
5 person receiving those services.
6 (c) Records. The records of the Department, including,
7 but not limited to, those relating to: the average per capita
8 cost per day for a particular institution or facility for a
9 particular year, and the calculation of the average per
10 capita cost per day; the average daily population of a
11 particular Department correctional institution or facility
12 for a particular year; the specific placement of a particular
13 convicted person in various Department correctional
14 institutions or facilities for various periods of time; and
15 the record of transactions of a particular convicted person's
16 trust account under Section 3-4-3 of this Act; may be proved
17 in any legal proceeding, by a reproduced copy thereof or by a
18 computer printout of Department records, under the
19 certificate of the Director. If reproduced copies are used,
20 the Director must certify that those are true and exact
21 copies of the records on file with the Department. If
22 computer printouts of records of the Department are offered
23 as proof, the Director must certify that those computer
24 printouts are true and exact representations of records
25 properly entered into standard electronic computing
26 equipment, in the regular course of the Department's
27 business, at or reasonably near the time of the occurrence of
28 the facts recorded, from trustworthy and reliable
29 information. The reproduced copy or computer printout shall,
30 without further proof, be admitted into evidence in any legal
31 proceeding, and shall be prima facie correct and prima facie
32 evidence of the accuracy of the information contained
33 therein.
34 (d) Authority. The Director, or the Director's
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1 designee, may, when he or she knows or reasonably believes
2 that a convicted person committed to the Department
3 correctional institutions or facilities, or the estate of
4 that person, has assets which may be used to satisfy all or
5 part of a judgment rendered under this Act, or when he or she
6 knows or reasonably believes that a convicted person
7 committed to the Department correctional institutions or
8 facilities is engaged in gang-related activity and has a
9 substantial sum of money or other assets, authorize the
10 Attorney General to institute proceedings to require the
11 persons, or the estates of the persons, to reimburse the
12 Department for the expenses incurred by their incarceration.
13 The Attorney General, upon authorization of the Director, or
14 the Director's designee, shall institute actions on behalf of
15 the Department and pursue claims on the Department's behalf
16 in probate and bankruptcy proceedings, to recover from
17 convicted persons committed to Department correctional
18 facilities the expenses incurred by their confinement. For
19 purposes of this subsection (d), "gang-related" activity has
20 the meaning ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (e) Scope and limitations.
23 (1) No action under this Section shall be initiated
24 more than 2 years after the release or death of the
25 convicted person in question.
26 (2) The death of a convicted person, by execution
27 or otherwise, while committed to a Department
28 correctional institution or facility shall not act as a
29 bar to any action or proceeding under this Section.
30 (3) The assets of a convicted person, for the
31 purposes of this Section, shall include any and all
32 assets and property of whatever character held in the
33 name of the person, held for the benefit of the person,
34 or payable or otherwise deliverable to the person. Any
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1 trust, or portion of a trust, of which a convicted person
2 is a beneficiary, shall be construed as an asset of the
3 person, to the extent that benefits thereunder are
4 required to be paid to the person, or shall in fact be
5 paid to the person. No provision of this Section shall
6 be construed in violation of any State or federal
7 limitation on the collection of money judgments.
8 (4) Nothing in this Section shall preclude the
9 Department from applying federal benefits that are
10 specifically provided for the care and treatment of a
11 convicted person toward the cost of care provided by a
12 State facility or private agency. (a) The Director
13 shall, when reasonably able, require convicted persons
14 committed to Department correctional institutions or
15 facilities to reimburse the Department for the expenses
16 incurred by their incarceration. The reimbursement shall
17 include, but not be limited to, room and board, health,
18 medical and dental care, costs arising from damage to
19 State property, and costs incurred due to disciplinary
20 infractions. Costs of incarceration shall be deemed a
21 civil judgment against an incarcerated person and his or
22 her estate and shall run from the date of his or her
23 conviction until his or her release from incarceration or
24 his or her death while incarcerated, whichever shall
25 first occur. In the case of a person who dies or is put
26 to death while still incarcerated, the judgment may be
27 submitted by the Attorney General as a claim by the
28 People of the State of Illinois against that person's
29 estate. Any asset owned by the incarcerated person at
30 the time of his transfer to a receiving facility
31 designated by the Department, or acquired by him or her
32 during the period of his or her incarceration, is subject
33 to the provisions of this Section provided the person (1)
34 is incarcerated at the time initial action is taken by
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1 the Attorney General to levy against it, or (2) was
2 incarcerated and died or was put to death and the
3 Attorney General brings a claim against his or her estate
4 within the period provided for limitation of claims under
5 Section 18-12 of the Probate Act of 1975, or the Attorney
6 General otherwise perfects a claim against the estate or
7 executes a judgment against it under the Code of Civil
8 Procedure or in some manner provided by law.
9 (b) Upon notification by the Director that an
10 incarcerated person has, or probably has, acquired assets
11 from which a judgment for incarceration expenses may be
12 satisfied in whole or in part, or if, as a result of his or
13 her own inquiry or investigation the Attorney General has
14 reason to believe that those assets exist, the Attorney
15 General may, in the name of the People of the State of
16 Illinois, request that a citation to discover assets issue
17 against the incarcerated person or any other person, or bring
18 an action in the name of the People of the State of Illinois
19 under the Code of Civil Procedure or the Probate Act of 1975
20 to levy upon or perfect a claim or lien, in whole or in part,
21 against a judgment debtor or lien debtor or the estate of a
22 deceased person, as the case may be.
23 (c) The Department may, at any time during the
24 confinement of an incarcerated person, or within 2 years of
25 the death of a person occurring during his or her
26 incarceration, request the Attorney General (1) to cause the
27 judgment, or a portion of the judgment, against an
28 incarcerated person to be satisfied out of property or assets
29 that the Department believes to have been owned by him or her
30 at the time of his or her conviction or that have come into
31 his or her possession during the period of his or her
32 incarceration, or (2) file a claim against the person's
33 estate, as the case may be. Following receipt of such a
34 request, or as a result of his or her own investigation
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1 indicating the probable existence of assets available to
2 satisfy the judgment in whole or in part, the Attorney
3 General may ask the Department to provide documentation of
4 the defendant's incarceration and incarceration expenses.
5 The Department shall forthwith provide the Attorney General
6 with a certified copy of the order committing the defendant
7 to its custody and a summary of the defendant's incarceration
8 costs broken out in such detail as the Attorney General may
9 require.
10 The Department shall also provide the Attorney General
11 with the location of any asset owned by the defendant that
12 has served as a basis for its request for an order satisfying
13 all or a portion of the incarceration costs, judgment, or
14 estate claim.
15 (d) The Attorney General may seek an order in the name
16 of the People of the State of Illinois in any appropriate
17 court to levy upon assets of an incarcerated person, or file
18 a claim against the assets of the estate of a deceased
19 person, for the costs of a defendant's incarceration. The
20 incarcerated person or, in the case of a decedent's estate,
21 the representative of the estate, shall be named as defendant
22 or respondent and shall be served or notified of all
23 proceedings to collect the judgment or portion of the
24 judgment, or perfect a claim under the Code of Civil
25 Procedure or the Probate Act of 1975, as the case may be.
26 (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
27 Section 10. The Code of Civil Procedure is amended by
28 changing Section 4-101 as follows:
29 (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
30 Sec. 4-101. Cause. In any court having competent
31 jurisdiction, a creditor having a money claim, whether
32 liquidated or unliquidated, and whether sounding in contract
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1 or tort, or based upon a statutory cause of action created by
2 law in favor of the People of the State of Illinois, or any
3 agency of the State, may have an attachment against the
4 property of his or her debtor, or that of any one or more of
5 several debtors, either at the time of commencement of the
6 action or thereafter, when the claim exceeds $20, in any one
7 of the following cases:
8 1. Where the debtor is not a resident of this
9 State.
10 2. When the debtor conceals himself or herself or
11 stands in defiance of an officer, so that process cannot
12 be served upon him or her.
13 3. Where the debtor has departed from this State
14 with the intention of having his or her effects removed
15 from this State.
16 4. Where the debtor is about to depart from this
17 State with the intention of having his or her effects
18 removed from this State.
19 5. Where the debtor is about to remove his or her
20 property from this State to the injury of such creditor.
21 6. Where the debtor has within 2 years preceding
22 the filing of the affidavit required, fraudulently
23 conveyed or assigned his or her effects, or a part
24 thereof, so as to hinder or delay his or her creditors.
25 7. Where the debtor has, within 2 years prior to
26 the filing of such affidavit, fraudulently concealed or
27 disposed of his or her property so as to hinder or delay
28 his or her creditors.
29 8. Where the debtor is about fraudulently to
30 conceal, assign, or otherwise dispose of his or her
31 property or effects, so as to hinder or delay his or her
32 creditors.
33 9. Where the debt sued for was fraudulently
34 contracted on the part of the debtor. The statements of
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1 the debtor, his or her agent or attorney, which
2 constitute the fraud, shall have been reduced to writing,
3 and his or her signature attached thereto, by himself or
4 herself, agent or attorney.
5 10. When the debtor is a person convicted of first
6 degree murder, a Class X felony, or aggravated
7 kidnapping, or found not guilty by reason of insanity or
8 guilty but mentally ill of first degree murder, a Class X
9 felony, or aggravated kidnapping, against the creditor
10 and that crime makes the creditor a "victim" under the
11 Criminal Victims' Asset Discovery Act.
12 11. When the debtor is a defendant in a suit
13 brought by the Attorney General under Section 3-7-6 of
14 the Unified Code of Corrections to recover the expenses
15 incurred as a result of that debtor's cost of
16 incarceration.
17 (Source: P.A. 87-1157; 88-378.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.