Public Act 90-0085 of the 90th General Assembly
Public Act 90-0085
SB508 Enrolled LRB9002789RCdv
AN ACT to reenact certain provisions of Public Acts
89-428 and 89-688, relating to prisoner reimbursement for
expenses of incarceration.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-7-6 as follows:
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
Sec. 3-7-6. Reimbursement for expenses.
(a) Responsibility. Convicted persons committed to the
Department correctional institutions or facilities shall be
responsible to reimburse the Department for the expenses
incurred by their incarceration at a rate to be determined by
the Department in accordance with this Section.
(b) Expenses. The rate at which sums to be charged for
the expenses incurred by a convicted person committed to
Department correctional institutions or facilities for his or
her incarceration shall be computed by the Department as the
average per capita cost per day for all inmates of that
institution or facility for that fiscal year. The average
per capita cost per day shall be computed by the Department
based on the average per capita cost per day for the
operation of that institution or facility for the fiscal year
immediately preceding the period of incarceration for which
the rate is being calculated. The Department shall establish
rules and regulations providing for the computation of the
above costs, and shall determine the average per capita cost
per day for each of its institutions or facilities for each
fiscal year. The Department shall have the power to modify
its rules and regulations, so as to provide for the most
accurate and most current average per capita cost per day
computation. Where the convicted person is placed in a
facility outside the Department, the Department may pay the
actual cost of services in that facility, and may collect
reimbursement for the entire amount paid from the convicted
person receiving those services.
(c) Records. The records of the Department, including,
but not limited to, those relating to: the average per capita
cost per day for a particular institution or facility for a
particular year, and the calculation of the average per
capita cost per day; the average daily population of a
particular Department correctional institution or facility
for a particular year; the specific placement of a particular
convicted person in various Department correctional
institutions or facilities for various periods of time; and
the record of transactions of a particular convicted person's
trust account under Section 3-4-3 of this Act; may be proved
in any legal proceeding, by a reproduced copy thereof or by a
computer printout of Department records, under the
certificate of the Director. If reproduced copies are used,
the Director must certify that those are true and exact
copies of the records on file with the Department. If
computer printouts of records of the Department are offered
as proof, the Director must certify that those computer
printouts are true and exact representations of records
properly entered into standard electronic computing
equipment, in the regular course of the Department's
business, at or reasonably near the time of the occurrence of
the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the accuracy of the information contained
therein.
(d) Authority. The Director, or the Director's
designee, may, when he or she knows or reasonably believes
that a convicted person committed to the Department
correctional institutions or facilities, or the estate of
that person, has assets which may be used to satisfy all or
part of a judgment rendered under this Act, or when he or she
knows or reasonably believes that a convicted person
committed to the Department correctional institutions or
facilities is engaged in gang-related activity and has a
substantial sum of money or other assets, authorize the
Attorney General to institute proceedings to require the
persons, or the estates of the persons, to reimburse the
Department for the expenses incurred by their incarceration.
The Attorney General, upon authorization of the Director, or
the Director's designee, shall institute actions on behalf of
the Department and pursue claims on the Department's behalf
in probate and bankruptcy proceedings, to recover from
convicted persons committed to Department correctional
facilities the expenses incurred by their confinement. For
purposes of this subsection (d), "gang-related" activity has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) Scope and limitations.
(1) No action under this Section shall be initiated
more than 2 years after the release or death of the
convicted person in question.
(2) The death of a convicted person, by execution
or otherwise, while committed to a Department
correctional institution or facility shall not act as a
bar to any action or proceeding under this Section.
(3) The assets of a convicted person, for the
purposes of this Section, shall include any and all
assets and property of whatever character held in the
name of the person, held for the benefit of the person,
or payable or otherwise deliverable to the person. Any
trust, or portion of a trust, of which a convicted person
is a beneficiary, shall be construed as an asset of the
person, to the extent that benefits thereunder are
required to be paid to the person, or shall in fact be
paid to the person. No provision of this Section shall
be construed in violation of any State or federal
limitation on the collection of money judgments.
(4) Nothing in this Section shall preclude the
Department from applying federal benefits that are
specifically provided for the care and treatment of a
convicted person toward the cost of care provided by a
State facility or private agency. (a) The Director
shall, when reasonably able, require convicted persons
committed to Department correctional institutions or
facilities to reimburse the Department for the expenses
incurred by their incarceration. The reimbursement shall
include, but not be limited to, room and board, health,
medical and dental care, costs arising from damage to
State property, and costs incurred due to disciplinary
infractions. Costs of incarceration shall be deemed a
civil judgment against an incarcerated person and his or
her estate and shall run from the date of his or her
conviction until his or her release from incarceration or
his or her death while incarcerated, whichever shall
first occur. In the case of a person who dies or is put
to death while still incarcerated, the judgment may be
submitted by the Attorney General as a claim by the
People of the State of Illinois against that person's
estate. Any asset owned by the incarcerated person at
the time of his transfer to a receiving facility
designated by the Department, or acquired by him or her
during the period of his or her incarceration, is subject
to the provisions of this Section provided the person (1)
is incarcerated at the time initial action is taken by
the Attorney General to levy against it, or (2) was
incarcerated and died or was put to death and the
Attorney General brings a claim against his or her estate
within the period provided for limitation of claims under
Section 18-12 of the Probate Act of 1975, or the Attorney
General otherwise perfects a claim against the estate or
executes a judgment against it under the Code of Civil
Procedure or in some manner provided by law.
(b) Upon notification by the Director that an
incarcerated person has, or probably has, acquired assets
from which a judgment for incarceration expenses may be
satisfied in whole or in part, or if, as a result of his or
her own inquiry or investigation the Attorney General has
reason to believe that those assets exist, the Attorney
General may, in the name of the People of the State of
Illinois, request that a citation to discover assets issue
against the incarcerated person or any other person, or bring
an action in the name of the People of the State of Illinois
under the Code of Civil Procedure or the Probate Act of 1975
to levy upon or perfect a claim or lien, in whole or in part,
against a judgment debtor or lien debtor or the estate of a
deceased person, as the case may be.
(c) The Department may, at any time during the
confinement of an incarcerated person, or within 2 years of
the death of a person occurring during his or her
incarceration, request the Attorney General (1) to cause the
judgment, or a portion of the judgment, against an
incarcerated person to be satisfied out of property or assets
that the Department believes to have been owned by him or her
at the time of his or her conviction or that have come into
his or her possession during the period of his or her
incarceration, or (2) file a claim against the person's
estate, as the case may be. Following receipt of such a
request, or as a result of his or her own investigation
indicating the probable existence of assets available to
satisfy the judgment in whole or in part, the Attorney
General may ask the Department to provide documentation of
the defendant's incarceration and incarceration expenses.
The Department shall forthwith provide the Attorney General
with a certified copy of the order committing the defendant
to its custody and a summary of the defendant's incarceration
costs broken out in such detail as the Attorney General may
require.
The Department shall also provide the Attorney General
with the location of any asset owned by the defendant that
has served as a basis for its request for an order satisfying
all or a portion of the incarceration costs, judgment, or
estate claim.
(d) The Attorney General may seek an order in the name
of the People of the State of Illinois in any appropriate
court to levy upon assets of an incarcerated person, or file
a claim against the assets of the estate of a deceased
person, for the costs of a defendant's incarceration. The
incarcerated person or, in the case of a decedent's estate,
the representative of the estate, shall be named as defendant
or respondent and shall be served or notified of all
proceedings to collect the judgment or portion of the
judgment, or perfect a claim under the Code of Civil
Procedure or the Probate Act of 1975, as the case may be.
(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
Section 10. The Code of Civil Procedure is amended by
changing Section 4-101 as follows:
(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
Sec. 4-101. Cause. In any court having competent
jurisdiction, a creditor having a money claim, whether
liquidated or unliquidated, and whether sounding in contract
or tort, or based upon a statutory cause of action created by
law in favor of the People of the State of Illinois, or any
agency of the State, may have an attachment against the
property of his or her debtor, or that of any one or more of
several debtors, either at the time of commencement of the
action or thereafter, when the claim exceeds $20, in any one
of the following cases:
1. Where the debtor is not a resident of this
State.
2. When the debtor conceals himself or herself or
stands in defiance of an officer, so that process cannot
be served upon him or her.
3. Where the debtor has departed from this State
with the intention of having his or her effects removed
from this State.
4. Where the debtor is about to depart from this
State with the intention of having his or her effects
removed from this State.
5. Where the debtor is about to remove his or her
property from this State to the injury of such creditor.
6. Where the debtor has within 2 years preceding
the filing of the affidavit required, fraudulently
conveyed or assigned his or her effects, or a part
thereof, so as to hinder or delay his or her creditors.
7. Where the debtor has, within 2 years prior to
the filing of such affidavit, fraudulently concealed or
disposed of his or her property so as to hinder or delay
his or her creditors.
8. Where the debtor is about fraudulently to
conceal, assign, or otherwise dispose of his or her
property or effects, so as to hinder or delay his or her
creditors.
9. Where the debt sued for was fraudulently
contracted on the part of the debtor. The statements of
the debtor, his or her agent or attorney, which
constitute the fraud, shall have been reduced to writing,
and his or her signature attached thereto, by himself or
herself, agent or attorney.
10. When the debtor is a person convicted of first
degree murder, a Class X felony, or aggravated
kidnapping, or found not guilty by reason of insanity or
guilty but mentally ill of first degree murder, a Class X
felony, or aggravated kidnapping, against the creditor
and that crime makes the creditor a "victim" under the
Criminal Victims' Asset Discovery Act.
11. When the debtor is a defendant in a suit
brought by the Attorney General under Section 3-7-6 of
the Unified Code of Corrections to recover the expenses
incurred as a result of that debtor's cost of
incarceration.
(Source: P.A. 87-1157; 88-378.)
Section 99. Effective date. This Act takes effect upon
becoming law.