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Public Act 92-0564
SB2195 Enrolled LRB9213480RCcd
AN ACT in relation to criminal law.
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 of committed persons. For the
purposes of this Section, "committed persons" mean those
persons who through judicial determination have been placed
in the custody of the Department on the basis of a conviction
as an adult. Committed 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.
(1) Committed persons shall fully cooperate with
the Department by providing complete financial
information for the purposes under this Section.
(2) The failure of a committed person to fully
cooperate as provided for in clauses (3) and (4) of
subsection (a-5) shall be considered for purposes of a
parole determination. Any committed person who willfully
refuses to cooperate with the obligations set forth in
this Section may be subject to the loss of good conduct
credit towards his or her sentence of up to 180 days.
(a-5) Assets information form.
(1) The Department shall develop a form, which
shall be used by the Department to obtain information
from all committed persons regarding assets of the
persons.
(2) In order to enable the Department to determine
the financial status of the committed person, the form
shall provide for obtaining the age and marital status of
a committed person, the number and ages of children of
the person, the number and ages of other dependents, the
type and value of real estate, the type and value of
personal property, cash and bank accounts, the location
of any lock boxes, the type and value of investments,
pensions and annuities and any other personalty of
significant cash value, including but not limited to
jewelry, art work and collectables, and all medical or
dental insurance policies covering the committed person.
The form may also provide for other information deemed
pertinent by the Department in the investigation of a
committed person's assets.
(3) Upon being developed, the form shall be
submitted to each committed person as of the date the
form is developed and to every committed person who
thereafter is sentenced to imprisonment under the
jurisdiction of the Department. The form may be
resubmitted to a committed person by the Department for
purpose of obtaining current information regarding the
assets of the person.
(4) Every committed person shall complete the form
or provide for completion of the form and the committed
person shall swear under oath or affirm that to the best
of his or her knowledge the information provided is
complete and accurate.
(b) Expenses. The rate at which sums to be charged for
the expenses incurred by a committed convicted person
committed to Department correctional institutions or
facilities for his or her confinement 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 committed 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 committed
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
committed convicted person in various Department correctional
institutions or facilities for various periods of time; and
the record of transactions of a particular committed
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 committed 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 committed 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, provide for the
forwarding to the Attorney General of a report on the
committed person and that report shall contain a completed
form under subsection (a-5) together with all other
information available concerning the assets of the committed
person and an estimate of the total expenses for that
committed person, and 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 committed 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
committed 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 committed convicted person, for
the purposes of this Section, shall include any property,
tangible or intangible, real or personal, belonging to or
due to a committed or formerly committed person including
income or payments to the person from social security,
worker's compensation, veteran's compensation, pension
benefits, or from any other source whatsoever and 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. At the time of a legal proceeding by
the Attorney General under this Section, if it appears
that the committed person has any assets which ought to
be subjected to the claim of the Department under this
Section, the court may issue an order requiring any
person, corporation, or other legal entity possessed or
having custody of those assets to appropriate any of the
assets or a portion thereof toward reimbursing the
Department as provided for under this Section. 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
committed convicted person toward the cost of care
provided by a State facility or private agency.
(Source: P.A. 89-428, eff. 12-13-95; 89-688, eff. 6-1-97;
90-85, eff. 7-10-97.)
Passed in the General Assembly April 17, 2002.
Approved June 24, 2002.
Effective January 01, 2003.
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