Judiciary II - Criminal Law Committee
Adopted in House Comm. on Feb 22, 2006
 
 

 




 

 		












09400HB5342ham001

LRB094 17436 RLC 56134 a






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AMENDMENT TO HOUSE BILL 5342 




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    AMENDMENT NO. ______. Amend House Bill 5342 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The County Jail Act is amended  by changing 
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Section 5 as follows:
 
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    (730 ILCS 125/5)  (from Ch. 75, par. 105)

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    Sec. 5. Costs of maintaining prisoners.

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    (a) Except as provided in subsection (b), all costs of 
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maintaining persons
committed for violations of Illinois law, 
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shall be the responsibility of the
county.  Except as provided 
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in subsection (b), all costs of maintaining
persons committed 
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under any ordinance or resolution of a unit of local

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government, including medical costs, is the responsibility of 
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the unit of local
government enacting the ordinance or 
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resolution, and arresting the person.


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    (b) If a person who is serving a term of mandatory 
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supervised release for
has been convicted of a felony and has 
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violated
mandatory supervised release for that felony is 
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incarcerated in a county jail
pending the resolution of the 
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violation of mandatory supervised release, the
Illinois 
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Department of Corrections shall pay the county in which that 
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jail is
located one-half of the cost of incarceration, as 
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calculated by the Governor's Office of Management and Budget 
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and the county's chief financial officer, for each day
that the 
 


 






09400HB5342ham001
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LRB094 17436 RLC 56134 a




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person remains in the county jail after notice of the 
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incarceration is given to the Illinois Department of 
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Corrections by the county, provided that (i) the Illinois 
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Department of Corrections has issued a warrant for an alleged 
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violation of mandatory supervised release by the person; (ii) 
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if the person is incarcerated on a new charge, unrelated to the 
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offense for which he or she is on mandatory supervised release, 
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there has been a court hearing at which bail has been set on 
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the new charge; (iii) the county has notified the Illinois 
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Department of Corrections that the person is incarcerated in 
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the county jail, which notice shall not be given until the bail 
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hearing has concluded, if the person is incarcerated on a new 
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charge; and (iv) the person remains incarcerated in the county 
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jail for more than 48 hours after the notice has been given to 
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the Department of Corrections by the county.  Calculation of the 
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per diem cost
shall be agreed upon prior to the passage of the 
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annual State budget.


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(Source: P.A. 94-678, eff. 1-1-06.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".