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| Public Act 096-0432 |
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AN ACT concerning criminal law.
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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 County Jail Act is amended by changing | ||||
Section 20 as follows:
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(730 ILCS 125/20) (from Ch. 75, par. 120)
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Sec. 20. Cost and expense; commissary fund.
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(a) The cost and expense of keeping, maintaining and | ||||
furnishing
the jail of each county, and of keeping and | ||||
maintaining the prisoner thereof,
except as otherwise provided | ||||
by law, shall be paid from the county treasury,
the account | ||||
therefor being first settled and allowed by the county board.
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The county board may require convicted persons confined in | ||||
its jail to
reimburse the county for the expenses incurred by | ||||
their incarceration to
the extent of their ability to pay for | ||||
such expenses. The warden of the jail
shall establish by | ||||
regulation criteria for a reasonable deduction from money
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credited to any account of an inmate to defray the costs to the | ||||
county for an
inmate's medical care. The State's Attorney
of | ||||
the county in which such jail is located may, if requested by | ||||
the County
Board, institute civil actions in the circuit court | ||||
of the county in which
the jail is located to recover from such | ||||
convicted confined persons the
expenses incurred by their | ||||
confinement. The funds recovered shall
be paid
into the county | ||
treasury.
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(a-5) Upon notification from the Clerk of the Circuit Court | ||
of an outstanding fine, restitution, or costs imposed by the | ||
court on a jail inmate, the warden of the jail may, at any time | ||
prior to release of the inmate, deduct from money credited to | ||
any account of the inmate an amount to pay or reduce the | ||
outstanding balance. The warden of the jail shall establish by | ||
regulation criteria for deduction from money credited to any | ||
account of an inmate to pay or reduce the amount outstanding on | ||
a fine, restitution, or costs imposed by the court on the | ||
inmate. The regulation shall comply with any withholding | ||
restrictions otherwise provided by law. The inmate shall be | ||
provided with written notice of the amount of any deduction. | ||
There shall also be prominent notice by signage at any location | ||
where the warden of the jail or jail employees receive funds | ||
for deposit into an inmate's account, that funds in an inmate's | ||
account may be used to pay fines, restitution, or costs imposed | ||
on the inmate by a court. Any person providing funds for an | ||
inmate's account shall be notified in writing when the funds | ||
are provided, that funds in an inmate's account may be used to | ||
pay fines, restitution, or costs imposed on the inmate by a | ||
court. | ||
(b) When a prisoner is released from the county jail after | ||
the completion
of his or her sentence and has money credited to | ||
his or her account in the
commissary fund, the sheriff or a | ||
person acting on the authority of the sheriff
must mail a check | ||
in the amount credited to the prisoner's account to the
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prisoner's last known address. If after 30 days from the date | ||
of mailing of
the
check, the check is returned undelivered, the | ||
sheriff must transmit the amount
of the check to the
county | ||
treasurer for deposit into the commissary fund. Nothing in this
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subsection (b) constitutes a forfeiture of the prisoner's right | ||
to claim the
money accredited to his or her account after the | ||
30-day period.
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(Source: P.A. 91-288, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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