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Public Act 91-0273
SB570 Enrolled SRS91S0021MMch
AN ACT to amend the Counties Code by changing Sections
4-2001, 4-2003, and 4-3001.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 4-2001, 4-2003, and 4-3001 as follows:
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's
attorneys in this State, except the state's attorney of Cook
County, the following annual salary:
(1) To each state's attorney in counties containing
less than 10,000 inhabitants, $40,500 until December 31,
1988, $45,500 until June 30, 1994, and $55,500 thereafter
or as set by the Compensation Review Board, whichever is
greater.
(2) To each state's attorney in counties containing
10,000 or more inhabitants but less than 20,000
inhabitants, $46,500 until December 31, 1988, $61,500
until June 30, 1994, and $71,500 thereafter or as set by
the Compensation Review Board, whichever is greater.
(3) To each state's attorney in counties containing
20,000 or more but less than 30,000 inhabitants, $51,000
until December 31, 1988, $65,000 until June 30, 1994, and
$75,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(4) To each state's attorney in counties of 30,000
or more inhabitants, $65,500 until December 31, 1988,
$80,000 until June 30, 1994, and $96,837 thereafter or as
set by the Compensation Review Board, whichever is
greater.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31,
1988.
Said amounts furnished by the State shall be payable
monthly from the state treasury to the county in which each
state's attorney is elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31,
1988.
(b) Except in counties containing fewer than 10,000
inhabitants and except as provided in this paragraph, no
state's attorney may engage in the private practice of law.
However, in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants which
reached such population between 1970 and December 31, 1981,
the state's attorney may declare his intention to engage in
the private practice of law by filing a written declaration
of intent to engage in the private practice of law with the
county clerk. The declaration of intention shall be
irrevocable during the remainder of the term of office. The
declaration shall be filed with the county clerk within 30
days of certification of election or appointment, or within
60 days of March 15, 1989, whichever is later. In that event
the annual salary of such state's attorney shall be as
follows:
(1) In counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $51,500 until June 30, 1994, and
$61,500 thereafter or as set by the Compensation Review
Board, whichever is greater. The State shall furnish
100% of the increases taking effect after December 31,
1988.
(2) In counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, and in
counties containing 30,000 or more inhabitants which
reached said population between 1970 and December 31,
1981, $51,500 until December 31, 1988, $56,000 until June
30, 1994, and $65,000 thereafter or as set by the
Compensation Review Board, whichever is greater. The
State shall furnish 100% of the increases taking effect
after December 31, 1988.
(c) In counties where a state mental health institution,
as hereinafter defined, is located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury to the county in which he is appointed,
the following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of
$2,500 per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more
than 1,000,000 inhabitants, the sum of $6,000 per annum.
(d) The population of all counties for the purpose of
fixing salaries as herein provided shall be based upon the
last Federal census immediately previous to the appointment
of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in
counties where one or more state correctional institutions,
as hereinafter defined, are located, one or more assistant
state's attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution, payable monthly from the state
treasury to the county in which they are appointed, the
following:
(1) $22,000 for each assistant state's attorney in
counties with one or more State correctional institutions
with a total average daily inmate population in excess of
2,000, on the basis of 2 assistant state's attorneys when
the total average daily inmate population exceeds 2,000
but is less than 4,000; and 3 assistant state's attorneys
when such population exceeds 4,000; with reimbursement to
be based on actual services rendered.
(2) $15,000 per year for one assistant state's
attorney in counties having one or more correctional
institutions with a total average daily inmate population
of between 750 and 2,000 inmates, with reimbursement to
be based on actual services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750
inmates, with reimbursement to be based on actual
services rendered.
Upon application of the county governing authority
and certification of the State's Attorney, the Director
of Corrections may, in his discretion and subject to
appropriation, increase the amount of salary
reimbursement to a county in the event special
circumstances require the county to incur extraordinary
salary expenditures as a result of services performed in
connection with State correctional institutions in that
county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among
other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to
employ additional attorney personnel as a direct result
of the services actually rendered in connection with a
particular service to a State correctional institution.
(f) In counties where a State senior institution of
higher education is located, the assistant state's attorneys
specified by this Section shall receive for their services,
payable monthly from the State treasury to the county in
which appointed, the following:
(1) $14,000 per year each for employment on a full
time basis for 2 assistant state's attorneys in counties
having a State university or State universities with
combined full time enrollment of more than 15,000
students.
(2) $7,200 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of 10,000 to 15,000
students.
(3) $4,000 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of less than 10,000
students.
Such salaries shall be paid to the state's attorney and
the assistant state's attorney in equal monthly installments
by such county out of the county treasury provided that the
State of Illinois shall reimburse each county monthly from
the state treasury the amount of such salary. This Section
shall not prevent the payment of such additional compensation
to the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
(g) For purposes of this Section, "State mental health
institution" means any institution under the jurisdiction of
the Department of Human Services that is listed in Section 4
of the Mental Health and Developmental Disabilities
Administrative Act.
For purposes of this Section, "State correctional
institution" means any facility of the Department of
Corrections including adult facilities, juvenile facilities,
pre-release centers, community correction centers, and work
camps.
For purposes of this Section, "State university" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, and any public
community college which has established a program of
interinstitutional cooperation with one of the foregoing
institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study
at the community college campus leading to a baccalaureate
degree from the foregoing institution (also known as a "2
Plus 2" degree program).
(h) A number of assistant state's attorneys shall be
appointed in each county, that chooses to participate, as
provided in this subsection for the prosecution of
alcohol-related traffic offenses. Each county shall receive
annually a subsidy for payment of the salaries and benefits
of these assistant state's attorneys from State funds
appropriated to the county for that purpose. The amounts of
subsidies provided by this subsection shall be adjusted for
inflation each July 1 using the Consumer Price Index of the
Bureau of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy
program described in this subsection (h), the number of
assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to
the subsidy provided in this subsection. These appointed
assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those cases on the
effective date of this amendatory Act of the 91st General
Assembly, and may not replace those assistant state's
attorneys. In counties where the state's attorney is the
sole prosecutor, this subsidy shall be used to provide an
assistant state's attorney to prosecute alcohol-related
traffic offenses along with the state's attorney. In
counties where the state's attorney is the sole prosecutor,
and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic
matters, assistant state's attorneys appointed and subsidized
by this subsection (h) may also prosecute the different
misdemeanor cases at the direction of the state's attorney.
Assistant state's attorneys shall be appointed under this
subsection in the following number and counties shall receive
the following annual subsidies:
(1) In counties with fewer than 30,000 inhabitants,
one at $35,000.
(2) In counties with 30,000 or more but fewer than
100,000 inhabitants, one at $45,000.
(3) In counties with 100,000 or more but fewer than
300,000 inhabitants, 2 at $45,000 each.
(4) In counties, other than Cook County, with
300,000 or more inhabitants, 4 at $50,000 each.
(Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-375, eff. 8-14-97.)
(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003. Assistants. Except as provided in Section
4-2001, where assistant State's Attorneys are required in any
county, the number of such assistants shall be determined by
the county board, and the salaries of such assistants shall
be fixed by the State's Attorney subject to budgetary
limitations established by the county board and paid out of
the county treasury in quarterly annual installments, on the
order of the county board on the treasurer of said county.
Such assistant State's Attorneys are to be named by the
State's Attorney of the county, and when so appointed shall
take the oath of office in the same like manner as State's
Attorneys, and shall be under the supervision of the State's
Attorney.
(Source: P.A. 86-962; 86-1303; revised 10-31-98.)
(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney; assistants.
(a) The State's Attorney of Cook County shall be paid an
annual salary of $75,000 until December 31, 1988, $90,000
until November 30, 1990, $100,000 until June 30, 1994, and
$112,124 thereafter or as set by the Compensation Review
Board, whichever is greater.
Such sums shall be in full payment for all services
rendered by him. The State shall furnish from the State
treasury 66 2/3% of such salary in effect on December 31,
1988, 100% of the increases in salary taking effect after
December 31, 1988, and Cook County shall furnish 33 1/3% of
such salary in effect on December 31, 1988. The State's
Attorney of Cook County may not engage in the private
practice of law.
(b) If Cook County chooses to participate in the subsidy
program described in this subsection (b), 24 assistant
state's attorneys shall be appointed for the prosecution of
alcohol-related traffic offenses. Cook County shall annually
receive a subsidy for the payment of the salaries and
benefits of these assistant state's attorneys from State
funds appropriated to Cook County for that purpose. The
amount of the subsidy shall equal $50,000 per assistant
state's attorney appointed under this subsection, adjusted
for inflation each July 1 using the Consumer Price Index of
the Bureau of Labor Statistics of the U.S. Department of
Labor.
When and if Cook County chooses to participate in the
subsidy program described in this subsection (b), the number
of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase by 24. These
appointed assistant state's attorneys shall be in addition to
any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st
General Assembly, and may not replace those assistant state's
attorneys. Cook County assistant state's attorneys appointed
and subsidized by this subsection (b) may also prosecute
other types of misdemeanor cases at the direction of the Cook
County State's Attorney.
(Source: P.A. 90-375, eff. 8-14-97.)
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