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| Public Act 096-0259 |
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AN ACT concerning local government.
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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 Counties Code is amended by changing Section | ||||
4-2001 as follows:
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(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
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Sec. 4-2001. State's attorney salaries.
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(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:
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(1) Subject to paragraph (5), 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.
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(2) Subject to paragraph (5), 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.
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(3) Subject to paragraph (5),
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.
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(4) To each state's attorney in counties of 30,000 or
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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.
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(5) Effective December 1,
2000, to each state's | ||
attorney in counties containing fewer than
30,000 | ||
inhabitants, the same salary plus any cost of living | ||
adjustments
as authorized by the Compensation Review Board | ||
to take effect after
January 1, 1999, for state's attorneys | ||
in counties containing 20,000
or more but fewer than 30,000 | ||
inhabitants, or as set by the Compensation
Review Board | ||
whichever is greater.
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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.
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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.
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Each county shall be required to furnish 33 1/3% of the
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total annual compensation to be paid to each state's attorney | ||
in Illinois
based on the salary in effect on December 31, 1988. | ||
Within 90 days after the effective date of this amendatory | ||
Act of the 96th General Assembly, the county board of any | ||
county with a population between 15,000 and 50,000 by | ||
resolution or ordinance may increase the amount of compensation | ||
to be paid to each eligible state's attorney in their county in | ||
the form of a longevity stipend which shall be added to and | ||
become part of the salary of the state's attorney for that | ||
year. To be eligible, the state's attorney must have served in | ||
the elected position for at least 20 continuous years and elect | ||
to participate in a program for an alternative annuity for | ||
county officers and make the required additional optional | ||
contributions as authorized by P.A. 90-32.
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(b) Effective December 1, 2000, no state's attorney may | ||
engage in
the private practice of law. However, until November | ||
30, 2000,
(i) the state's attorneys in counties containing | ||
fewer than 10,000 inhabitants
may engage in the practice of | ||
law, and (ii) in any county between 10,000 and
30,000 | ||
inhabitants or in any county containing 30,000 or more | ||
inhabitants which
reached that population between 1970 and | ||
December 31, 1981, the state's
attorney may declare his or her | ||
intention to engage in the private practice of
law, and may do | ||
so through no later than November 30, 2000, by filing a written
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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
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of March 15, 1989, whichever is later. In that event the annual | ||
salary of such
state's attorney shall be as follows:
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(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.
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(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
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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.
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(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:
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(1) To each assistant state's attorney in counties | ||
containing less than
10,000 inhabitants, the sum of $2,500 | ||
per annum;
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(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;
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(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;
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(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;
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(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;
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(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.
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(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.
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(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:
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(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.
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(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.
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(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.
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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
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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.
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In determining whether or not to increase the amount of | ||
salary
reimbursement, the Director shall consider, among other | ||
matters:
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(1) the nature of the services rendered;
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(2) the results or dispositions obtained;
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(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.
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(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:
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(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.
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(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.
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(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.
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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.
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(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.
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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.
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For purposes of this Section, "State university" means the | ||
University
of Illinois, Southern Illinois University,
Chicago | ||
State University, Eastern Illinois University, Governors State
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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).
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(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 | ||
monthly 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.
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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
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attorney.
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Assistant state's attorneys shall be appointed under this | ||
subsection in the
following number and counties shall receive | ||
the following annual subsidies:
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(1) In counties with fewer than 30,000 inhabitants, one | ||
at $35,000.
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(2) In counties with 30,000 or more but fewer than | ||
100,000
inhabitants, one at $45,000.
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(3) In counties with 100,000 or more but fewer than | ||
300,000 inhabitants,
2 at $45,000 each.
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(4) In counties, other than Cook County, with 300,000 | ||
or more inhabitants,
4 at $50,000 each.
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The amounts appropriated under this Section must be | ||
segregated by
population
classification and disbursed monthly.
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If in any year the amount appropriated for the purposes of | ||
this subsection
(h) is insufficient to pay all of the subsidies | ||
specified in this subsection,
the amount appropriated shall | ||
first be prorated by the population
classifications of this | ||
subsection (h) and then among the counties choosing
to
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participate
within each of those classifications. If any of the | ||
appropriated moneys for
each population classification remain | ||
at the end of a fiscal year,
the remainder of the moneys may be | ||
allocated to participating counties that
were not fully funded | ||
during the course of the year. Nothing in
this subsection | ||
prohibits 2 or more State's attorneys from combining their
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subsidies to appoint a joint assistant State's attorney to
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prosecute alcohol-related traffic offenses in multiple | ||
counties. Nothing in
this subsection prohibits a State's | ||
attorney from appointing an
assistant State's attorney by | ||
contract or otherwise.
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(Source: P.A. 91-273, eff. 1-1-00;
91-440, eff. 8-6-99; 91-704, | ||
eff. 7-1-00; 92-309, eff. 8-9-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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