Bill Text: IL SB2095 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the County Jail Act. Provides that upon notification from the Clerk of the Circuit Court of the amount outstanding on a fine, restitution, or costs imposed by the court on a prisoner, the sheriff may prior to release of the prisoner deduct up to that amount from the prisoner's account and forward it to the Clerk of the Circuit Court. Provides that the sheriff shall provide the prisoner with written notice of the amount deducted. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0432 [SB2095 Detail]
Download: Illinois-2009-SB2095-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The County Jail Act is amended by changing | ||||||
5 | Section 20 as follows:
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6 | (730 ILCS 125/20) (from Ch. 75, par. 120)
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7 | Sec. 20. Cost and expense; commissary fund.
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8 | (a) The cost and expense of keeping, maintaining and | ||||||
9 | furnishing
the jail of each county, and of keeping and | ||||||
10 | maintaining the prisoner thereof,
except as otherwise provided | ||||||
11 | by law, shall be paid from the county treasury,
the account | ||||||
12 | therefor being first settled and allowed by the county board.
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13 | The county board may require convicted persons confined in | ||||||
14 | its jail to
reimburse the county for the expenses incurred by | ||||||
15 | their incarceration to
the extent of their ability to pay for | ||||||
16 | such expenses. The warden of the jail
shall establish by | ||||||
17 | regulation criteria for a reasonable deduction from money
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18 | credited to any account of an inmate to defray the costs to the | ||||||
19 | county for an
inmate's medical care. The State's Attorney
of | ||||||
20 | the county in which such jail is located may, if requested by | ||||||
21 | the County
Board, institute civil actions in the circuit court | ||||||
22 | of the county in which
the jail is located to recover from such | ||||||
23 | convicted confined persons the
expenses incurred by their |
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1 | confinement. The funds recovered shall
be paid
into the county | ||||||
2 | treasury.
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3 | (a-5) Upon notification from the Clerk of the Circuit Court | ||||||
4 | of an outstanding fine, restitution, or costs imposed by the | ||||||
5 | court on a jail inmate, the warden of the jail may, at any time | ||||||
6 | prior to release of the inmate, deduct from money credited to | ||||||
7 | any account of the inmate an amount to pay or reduce the | ||||||
8 | outstanding balance. The warden of the jail shall establish by | ||||||
9 | regulation criteria for deduction from money credited to any | ||||||
10 | account of an inmate to pay or reduce the amount outstanding on | ||||||
11 | a fine, restitution, or costs imposed by the court on the | ||||||
12 | inmate. The regulation shall comply with any withholding | ||||||
13 | restrictions otherwise provided by law. The inmate shall be | ||||||
14 | provided with written notice of the amount of any deduction. | ||||||
15 | There shall also be prominent notice by signage at any location | ||||||
16 | where the warden of the jail or jail employees receive funds | ||||||
17 | for deposit into an inmate's account, that funds in an inmate's | ||||||
18 | account may be used to pay fines, restitution, or costs imposed | ||||||
19 | on the inmate by a court. Any person providing funds for an | ||||||
20 | inmate's account shall be notified in writing when the funds | ||||||
21 | are provided, that funds in an inmate's account may be used to | ||||||
22 | pay fines, restitution, or costs imposed on the inmate by a | ||||||
23 | court. | ||||||
24 | (b) When a prisoner is released from the county jail after | ||||||
25 | the completion
of his or her sentence and has money credited to | ||||||
26 | his or her account in the
commissary fund, the sheriff or a |
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1 | person acting on the authority of the sheriff
must mail a check | ||||||
2 | in the amount credited to the prisoner's account to the
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3 | prisoner's last known address. If after 30 days from the date | ||||||
4 | of mailing of
the
check, the check is returned undelivered, the | ||||||
5 | sheriff must transmit the amount
of the check to the
county | ||||||
6 | treasurer for deposit into the commissary fund. Nothing in this
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7 | subsection (b) constitutes a forfeiture of the prisoner's right | ||||||
8 | to claim the
money accredited to his or her account after the | ||||||
9 | 30-day period.
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10 | (Source: P.A. 91-288, eff. 1-1-00.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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