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Public Act 096-0432
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| SB2095 Enrolled |
LRB096 11440 RLC 21915 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 County Jail Act is amended by changing |
Section 20 as follows:
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(730 ILCS 125/20) (from Ch. 75, par. 120)
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Sec. 20. Cost and expense; commissary fund.
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(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.
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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
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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 |
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confinement. The funds recovered shall
be paid
into the county |
treasury.
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(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 |
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person acting on the authority of the sheriff
must mail a check |
in the amount credited to the prisoner's account to the
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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
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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.
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(Source: P.A. 91-288, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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